20021703 Ver 1_On Hold Request_20020924

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
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Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
DWQ Project No.• 20021703 County: w-7
Applicant:
Project Name: SR 13 3 2 - lQ to IW-A M. '0410'4)
Date of Issuance of 401 Water Quality Certification: 17-/1 & k602-
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality., 1621 Mail Service Center, Raleigh, NC,
27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Ap nficant's Certification
hereby state.that,.to the best of my abilities, due care and .
diligence was used in the observation of the construction such that the construction was observed to bebuilt
within. substantial compliance.ancUritent of the 401 Water Quality Certification and Buffer. Rules,;the
:app roved,plans°and specifications; and other sup o .'ng materials.
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Signature: Date: Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been-authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Date
Registration No.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

W A7- Michael F. Easley, Governor
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? William G. Ross Jr., Secretary
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O? QG North Carolina Department of Environment and Natural Resources
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r Alan W. Klimek, P.E. Director
Division of Water Quality

December 1$, 2002
DWQ No. 021703
Wilson County
Mr. James H. Trogdon, P.E., Division Engineer
NCDOT, Division 4
PO Box 3165
Wilson, NC 27895-3165
Re: Wilson County, Extension of culvert on SR 1332
State Project No. 9.8044505
Toisnot Swamp [27-86-11; WS III NSW]
APPROVAL of NEUSE RIVER BUFFER RULES AUTHORIZATION CERTIFICATE with ADDITIONAL
CONDITIONS
Dear Mr. Trogdon,
You have our approval, in accordance with the attached conditions, to impact 848 square feet of protected riparian
buffers for the purpose of widening SR 1332 in Wilson County. The project shall be constructed according to your
application dated September 19, 2002 and any conditions listed below. This approval shall act as your Authorization
Certificate as required within the Neuse River Area Protection Rules (15A NCAC 2B .0233). In addition, you should
get any other required federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control.
This approval is only valid for the purpose and design that you described in your application dated September 19,
2002. If you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this authorization and approval letter and is thereby
responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed
below.
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This authorization and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the "No Practical Alternatives" determination
required in 15A NCAC 213 .0233(8). If you have any questions, please contact John Hennessy at 919-733-5694.
Sincerely,
Alan W. Klimek, P.E.
Director
cc: US Army Corps of Engineers Washington Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
C:\ncdot\SR 1332\wqc\021703 buffer authorization1doc
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N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
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STATE OF NORTH CAROLINA
021703
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR
September 19, 2002
SECRETARY
U.S. Army Corps of Engineers
Washington Regulatory Field Office
PO Box looo S& 2 4 aW
Washington, NC 27889-1000
Attention: Mr. Mike Bell 191 y SECT
NCDOT Coordinator
Subject: Use of NWP 18 for a Minor Discharge from Culvert Extension and
Headwall Construction to Protect SR 1332 and Repair the Phillips
Property in Wilson County. State Project Number 9.8044505.
The North Carolina Department of Transportation (NCDOT) proposes to widen the
pavement 3 feet and install curb and gutter on SR 1332 from .75 miles west of NC 58 to
River Birch Road in the City of Wilson. The installation of a new culvert and headwall at
the Phillips property to repair last months flood damage and protect the existing roadway
will result in a discharge to waters of the US. The discharge falls below the threshold for
notification to the USACE. Therefore this is a courtesy copy for your information only
and no written response is requested. A review of the NHP database yielded no protected
species in the project vicinity. Historic compliance work to be scheduled and
concurrence with HPO will be obtained if required.
The NCDWQ GS3362 requires written notification enumerating impacts for all projects
that propose to use NWP18. Two copies of this PCN are being sent to DWQ to satisfy
that requirement. The project does not require written concurrence from the NCDWQ as
NCDOT intends to comply with conditions for the WQC.
Under the Neuse River Buffer Rules, allowable uses require written authorization from
the Division. Only Buffer Rule approval is being sought in writing.
Impacts to Waters of the United States
Construction of the project will necessitate impacts to waters of the United States in the
Neuse River Basin. The project crosses one unnamed intermittent tributary to Toisnot
Swamp, as shown in the attached vicinity map. The tributary is shown as intermittent on
Post Office Box 3165, Wilson, North Carolina 27895-3165
the most recent USGS quadrangle. It does not show up on the soil survey. Total impacts
to the stream from construction will total 100 square feet (0.002 acres) fill in surface
water and 25 linear feet of channel impact. No impacts to wetlands will result from the
project.
Waters of the U.S. Mitigation
Avoidance: All wetlands or surface waters not affected by the project will be
protected from unnecessary encroachment. No staging of construction equipment or
storage of construction supplies will be allowed in or near wetlands or surface waters.
Temporary impacts will be avoided by working from the Phillips yard and the road.
Minimization: The length of the pipe will be shortened to the extent possible. If
we find that 16 feet of pipe will suffice to stabilize the corner of the yard then that is all
that will be installed. We included impacts to 24 feet in this application in case it is
needed. Strict Enforcement of sedimentation and erosion control Best Management
Practices for the protection of wetlands and surface waters will be enforced during project
construction. Continued coordination will occur with maintenance forces and the
Environmental Officer during construction to minimize impacts to waters of the U.S. at
these sites.
Riparian Buffer Impacts
The project is subject to the Neuse Riparian Buffer Rules. The proposed protection,
repair and road improvement uses are exempt or allowable under the rules. A total of 848
square feet of riparian buffer will be converted from its existing use as grassed shoulder
to impervious.
The NCDOT will adhere to all applicable Section 404 NWP and Section 401 WQC
conditions. If you have any questions or need additional information, please contact Mr.
Jamie Shern at [phone].
Sincerely,
James H. Trogdon, III, P.E. '
Division Engineer
cc: Mr. John Hennessy, NCDWQ, Raleigh (2 copies)
Mr. Bryant Bunn, P.E., NCDOT Division Maintenance Engineer
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit ® Riparian or Watershed Buffer Rules
Section 10 Permit ? Isolated Wetland Permit from DWQ
F-I 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ® Notification required per GS3362. Written authorization
required from the Division per Buffer Rules.
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Mr. James H. Trogdon, III, P.E., Division Engineer
Mailing Address: North Carolina Department of Transportation /Division 4
P.O. Box 3165
Wilson, NC 27895-3165
Telephone Number: [phone] - Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent 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: Mr. Jamie Shern
Company Affiliation: Division Environmental Officer
Mailing Address: North Carolina Department of Transportation/Division 4
P.O. Box 3165
Wilson, NC 27895-3165
Telephone Number: [phone] Fax Number: [phone]
Page 5 of 13
E-mail Address: [e-mail]
III. Project Information
4.
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Phillips Residence on SR 1332
2. T.I.P. Project Number or State Project Number (NCDOT Only): Secondary Road Project
3. Property Identification Number (Tax PIN):
Directions to site (include road numbers, landmarks, etc.): Lake Wilson Road
Location
County: Wilson Nearest Town: Wilson
Subdivision name (include phase/lot number): N/A
5. Site coordinates, if available (UTM 18): 235711E 3963679N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
-1/2 acre
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Toisnot
Swamp
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
8. River Basin: Neuse
Page 6 of 13
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Road shoulder next to an old residence surrounded by new
subdivisions
10. Describe the overall project in detail, including the type of equipment to be used: Widen
Lake Wilson Road 3 feet. Install 24 ft of new 36"culvert with headwall to allow installation
of 2.5 foot wide curb and gutter and to protect roadway from unmanaged stormwater.
Prevent further damage to the streambank at the Phillips front yard.
Heavy construction equipment ( back hoe, track hoe excavator, dump truck)
11. Explain the purpose of the proposed work: Protect existing structures. New stormwater
from adjacent subdivision is eroding the yard and road.
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.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
no
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 7 of 13
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Widen Lake Wilson Road.
Install 24 ft of new 36" culvert with headwall to allow installation of curb and gutter, to
protect roadway from unmanaged stormwater, and to preserve private property.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 pipe 24 UT to Toisnot Swamp 4 dotted blue on topo

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
Page 8 of 13
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 24 feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. impacts include, but are not limited to: nit, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands or surface waters not affected by the project will be protected from unnecessa
encroachment. No staging of construction equipment will be allowed in or near wetlands or
waters of the U.S. Strict enforcement of sedimentation and erosion control Best Management
Page 9 of 13
Practices for the protection of wetlands and surface waters will be enforced during project
nnn Oni nti nn _
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. -
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of
Page 10 of 13

the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion. -
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Page 11 of 13
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 585.9 3 N/A
2 261.9 1.5 N/A
Total 847.8
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Road crossinizs that impact less than 40 linear feet of riparian buffer are exempt. Protection of
existing structures and streambanks is allowable. Mitigation not required per Table of Uses.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Before 2080 sf (.047 ac)
After 2928 sf (.067 ac) or .02 acres of new impervious area converted from grassed road
shoulder.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
NA _
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes 0 No
XIV. Other Circumstances (Optional):
Page 12 of 13
x
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).
Ap licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13