19970721 Ver 1_Complete File_19970904

_ a
State of North Carolina
Department of Environment,,; y
Health and Natural Resources
Division of Coastal
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
07/10/97
MEMORANDUM
To: Mr. Jim Gregson
NC DEH &NR
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405
AffllmmmA'
E:)EHNR
JUL 11 1997
DIVISION OF
COASTAL MA14AGEMENT
From: Steve Benton, Consistency Coordinator
�p���tirq
lryC�s
Subject: Project Number CD97 -25, Dated 07102197
Tideland Trail Reconstruction, Cedar Point Croatan National
Proposed by: U.S. Forest Service in Carteret County
Forest
The above listed document is being circulated to you for review
and comment by 07129197.
Type of Review Requested:
General Comments / FYI
Determination of Permits Needed/ Local Land Use Plan Issues
NEPA / NCEPA Comments
Preliminary Federal / State Consistency Comments
Federal / State Consistency Comments
Please contact me before the response due date if additional
review time is needed. Thank you.
REPLY This office objects to the project as proposed.
Comments on this project are attached.
W;l�o This office supports the project proposal.
No Comment. h
Signed
P.O. Box 27687, ��� a FAX [phone]
Raleigh, North Carolina 27611 -7687 Nf An E Employer
Voice 919 -733 -2293 !(�J,1 7.1� 50% recycled / 10% post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
[DEHNF=?L
September 4, 1997
Carteret County
DWQ Project # 970721
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Richard G. Bums
U.S. Forest Service
160A Zillicoa Street
Asheville, NC 28802
Dear Mr. Bums:
You have our approval, in accordance with the attached conditions and those listed below, to fill
in 0.096 acres of wetlands or waters for the purpose of Tidelands Trail and Boardwalk at Cape
Carteret, as you described in your application dated 7 August 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers
3127 and 3106. These certifications allow you to use Nationwide Permit Numbers 3 and 18 when
they are issued by the Corps of Engineers. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified
in the General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be required
to send us a new application. If total wetland fills for this project (now or in the future) exceed one
acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below. Sediment and erosion control measures shall adhere to the
design standards for sensitive watersheds (T 15A:04B .0024). The applicant is required to contact the
Morehead City Regional Office of the N.C. division of Coastal Management (919) 726 -7021 before
the wetland or water impact occurs to determine whether a CAMA Permit is needed for this project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611 -7447. This certification
and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919- 733 -1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker, DCM
. P.E.
970721.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper

United States Forest National Forests 160A Zillicoa Street
Department of Service in North Carolina P.O. Box 2750
5� Agriculture Asheville, NC 28802
File Code:
(� 0 Date:
Mr. Eric Fleek
NC- DEHNR, DWQ, Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Fleek:
2510
August 7, 1997
s M
z
Enclosed are seven (7) copies of our application for a Nationwide No. 18
(NW -18) Corps of Engineers Section 404 permit and the approved NW -18 permit.
Through an oversight, your office was not sent copies of the application for
the State 401 Water Quality Certification when it was submitted to the COE
Field Office in Washington, NC.
As we discussed on the telephone this morning, this project is the
reconstruction of the Tidelands Trail and Boardwalk within the Cedar Point
Recreation Area of the Croatan National Forest near Cape Carteret, NC. This
trail and boardwalk were severely damaged by hurricane Bertha to the extent
that it is unsafe for public use. We are planning to reconstruct, under a NW -3
COE 404 permit which we have received, all the existing boardwalks and about
half the existing trail. The new construction, under the NW -18, is for
relocation of the trail to enhance the tidelands interpretive opportunities.
All the boardwalks, the existing trail reconstruction and the short -loop new
construction within wetlands, will be built to handicapped accessible
standards. The project map within the application package shows what is
proposed and the locations of the wetlands.
Fill below the normal high tide line or in marshy soils will be limited to
setting posts to support the boardwalk. The remainder of the trail will be on
"dry" soil and will consist of clearing vegetation, placing geotextile fabric
on the ground surface and over - filling with crushed marl gravel. This
construction is shown in the application package also.
Due to budget restrictions, we must let the contract for this project this
fiscal year. If there is anything I can do to help expedite your process for
issuing the 401 certification, or if you need additional information, please
let me know. I can be reached by telephone at 704- 257 -4214 or FAX
7o4- 257 -4263.
Respectfully,
RICHARD G. BURNS
Forest Hydrologist
enclosures - 7
U �S
S Caring for the Land and Serving People
Printed on Recycled Paper
FS- 6200 -28b (12/93)

It
r.
i
DEM ID: el 1 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
18 and 3
PRE - CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: 401 ISSUM 1F01S/IF®
1) NOTIFICATION TO THE CORPS OF ENGINEERS F �Ro/1! q`�199J
2) APPLICATION FOR SECTION 401 CERTIFICATION ,�s�,le"
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE.APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: USDA, Forest Service
2. MAILING ADDRESS: P. 0. Box 2750
CITY: Asheville
SUBDIVISION NAME:
STATE: NC ZIP CODE: 28802
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) . Croatan National Forest's Cedar Point Developed
Recreation Area
3. TELEPHONE NUMBER (HOME):
(WORK) : 7(14- 257 -4200
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Carteret NEAREST TOWN OR CITY: Cape Carteret, NC
Project is located within the Croatan National Forest's Cedar Point Developed
Recreation Area. See location map.

I
t
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) • DIRECTIONS: From intersection of NC -58 and NC -24 near
Cape Carteret, go north on NC -58 about 1/2 mile to SR -1114. West on SR -1114 to
FSR -153A. South on FSR -153A to the end of the road in the Cedar Point Recreation
Area.
6. IMPACTED OR NEAREST STREAM /RIVER: Unnamed tributary to Dubling Creek (20 -30 -SA)
RIVER BASIN:
White Oak
7a. IS PROJECT LOCATED NEAR WATER CLaSSIFTED
(SA) , HIGH QUALITY WATERS (HQW) , OUTSTANDING
SUPPLY (WS - I OR WS-11)? YES (X I NO ( I I.
Located in SA waters of White Oak River
AS TROUT, TIDAL SALTWATER
RESOURCE WATERS (ORW), WATER
YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORT4 CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES (X I NO ( J
7c. IF THE PROJECT IS LOCATED WIT;i_N A COASTAL COUNT`! ( SEE PAGE 7 FOR
LiS:' OF COASTAL COUNTIES) :-ZuVi :.SE ?

t
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 486 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
75 +/- acres
LOa. NUMBER OF ACRES OF WETLANDS IMPACTED BY 7.JE PROPOSED PROJECT BY:
FILLING: 0.096
(about 972 linear ft. by 3.5 ft, wide
and 354 linear ft. by 2.25 ft. wide)
FLOODING: 0
EXCAVATION: 0
OTZMR : 0
DRA :NAGZ: 0 TOTAL ACRES TO BE LMPACTED: 0.096
10b. (_) S'TREAM CHANNEL TO BE IMPACTED BY rz!=- PROPOSED PROJECT (I?
A LOCA: D, PROVIDE DISTdNC:; BOTcF BEF'ORr AND AFT R—ELOCATION) ;
LENGTH BEFORE: 0 FT AFTER : 0 rr
WIDTH BEFORE (based on normal h:.gh water corcau:s) :
WIDTH k .ER:
AVERAGE DEPTH BEFORE: O Ar: R•
0
(2) ='.7 LM C--' kNrNET TY ?AC''_'S W'r 3c'-,;-t7,7 = acM • (C: ?ECZ ALL :'HA': AP °L � )
OPEN RELOCAT.ON: PLACZME2117 OF ?I ?E IN C:4AD1Nc:.:
C::ANNI EL F-XCAVATICN : CONSTRUCT ON OF A C`AM/ =r CODING :
OTH ER: No stream channel will be directiv affected.
11. I? CONSTRUCTION OF A POND IS PROPOSED, WF�:AT IS T:-L. SIZE OF TFir
WATERSHED DRAINING TO THE POND? N%A
'd iAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRI?'TION OF PROPOSED '4CRK INCLUDING OISCUSS_ON OF TY ?E OF
3

Answer to Question 12: See map.
The project consists of the construction (under NW -18 permit) of approximately
1521 feet of handicapped accessible trail and 1855 feet of non - handicapped
accessible trail over normally dry areas. The trail will be made by clearing
vegetation from the path 6 feet wide, laying a geotextile fabric on the ground
surface and then covering it with about 6 inches of crush marl gravel. Trail
sections over marsh or normally saturated soils will be built on elevated
boardwalks supported on 8" wooden piles spaced 9 to 12 feet apart and set in
the ground as deep as needed to meet structural requirements (normally less
than 8 feet). Piles will probably be "jetted" into the soil. See figures 2
and 3 for typical construction sketches. Vegetation will be hand cleared.
Total trail to be newly constructed is about 3376 feet of which about 1326 feet
(not including boardwalk), or approximately 0.096 acres, are in wetlands.
Coincident with this new construction will be the reconstruction of the
existing trail which was severely damaged by Hurricane Bertha (under NW -3
permit). The existing trail was damaged to the extent that the public can not
be allowed to use it. Reconstruction and repairs will be to the same handicap
accessible standards used for the new construction. Approximately 4390 feet of
existing trail will be reconstructed, including about 1 700 feet in or over
wetlands.
All the trail design and construction actions are being designed to protect the
fragile environment where the trail is located.

Q
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY)
SEE ATTACHED SHEET
, Jwtael �J eX-T
13 \PURPOSE OF PROPOSED WORK:
14. STATE REASC
OUT IN WETLANDS-
IMPACTS):
WHY IT IS BELIEVED T`ZRAT TH-S AC*r-ZVI' T BE CARRIED
(1 CLUDE ANY MEASupES TAiC -''N TO MI4'IIMIZ WE':r.•AND
15. YOU ARE R =QQ= -� TO CONTACT ..=. U.S. SN WILDLIFE SERVICE
(USFWS) AND /OR NATIONAL MARINE ZSH RTES SER CE (NMFS) (SEE AGENCY
ADDRESSES SriEET)
REGARDING
ADDRESSES PRESrZiC3 OF k'W ERALI+Y LISTED OR
PROPOSED FOR LISTING ::,YDAN aRED OR T AT�.�`lED SP . ES OR CRITICAL HABITAT
IN T: PERMIT AREA THAT Y BE AFFECT =7 BY Ti-:a PROP P �TTAC:i RESPONSES
CONTACTED:
FROM THESE AGENCIES.
16. YOU ARE RE RED TO CONTACT THE STATE H: STORIC PRESERVA
(SHPO) (SEE A CY ADDRESSES SF�ET) REGARDING THE PnS'r.NCE OF
.,•- TIM PE.LMIT AREA WHZC-i MAY BE A:-. FELTED BY THE PRO
PROPER. J. .
PROJECT.. TS CON'?'ACTED
TON OFFICER
K STORIC
11 DCES THE PROJEC= INVOLVE AN APL-- TDITURE OF PUBLIC FUNDS OR THE USE
LIC (STATE) LAND?
/ / 4

13. PURPOSE OF PROPOSED WORK: This portion of the project is the construction of a new
section of the existing Tidelands Trail on a location that provide increased
interpretive and educational opportunities.
14 STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUR IN WETLANDS.
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
The Tidelands Interpretive - Educational Trail is designed to provide the user with a
coastal wetlands experience and therefore must be built in the wetlands. Sections
of the trail that are in regularly flooded wetlands will be elevated on boardwalks
to protect the marsh system and maintain the present hydrology of the site.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND /OR
NATIONAL MARINE FISHERIES SERVICE (h'FFS) (SEE AGENCY ADDRESSES SHEET) REGARDING
THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PRPOSED PROJECT. DATE CONTACTED: (ATTACH REPONSES FROM THESE AGENCIES)
Forest Service biologists have completed the required evaluations of the project.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERFIT
AREA WHICH NAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
Forest Service Archeologist has cleared the project.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLE FUNDS OR THE USE OF PUBLIC (STATE)
LAND? YES ( X ) NO ( ) (IF NO GO TO 1.8)
A. IF YES, DOES THE PROJECT REQUIRE THE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONXENTAL POLICY ACT?
YES ( ) NO ( X )
Federal funds will be used, the federal NEPA requirements will be met.
B. IF YES, HAS THE DOCUMENT BEEN REVIEi:ED THROUGH THE NORTH CAROLINA CE ARTr "ENT
OF ADMINISTRATION STATE CLEARING HOUSE' YES ( R ) NO ( )
Input for this project has been solicited and received from State agencies
IF ANSWER TO 17B IS YES, THEN SUBMIT APPRC =RIATE DOCUMENTATION FROM THE S ATE
CLEARING HOUSE TO DIVISION OF ENVIROMENTAL FANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARING HOUSE REVIEW PROCESS SHOULD BE DIRECTED TO
MS. CHRYS BAGGETT, DIRECTOR STATECLEARING HOUSE, NORTH CAROLINA DEPARTFENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603 -8003,
TELEPHONE [phone]

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29.AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SH0WN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
C. IF DEINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
D. ATTACH A COPY OF THE STORY-WATER MANAGEMENT PLAN IF REQUIRED.
E. WHAT IS THE LAND USE OF SURROUNDING PROPERTY?
National Forest, the project is located vithin the Cedar Point Developed
Recreation Area of the Croatan National Forest.
F. IF APPLICABLE, WHAT IS THE PROPOSED METHOD OF SEWAGE DISPOSAL?
G. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRNOYENTAL M:ANGEMENT
(WATER QUALITY) CERTIFICATION , AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THAT THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MiANAGEYENT PROGRAM;.
2
'N RS /AGENTS SIGNATU DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
OWNER IS PROVIDED (18G))

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DATA FORM
ROUTINE WETLAND OETERMINAMON TyP,��
M $87 COE Wetlands Deftnesdan Manuall
Froject/Siw. Poo,-,'f` Te1e 14,-Jt %,-* / Date: Svh -Sv 1997
Appticant/Owner: G!S DA - FORPfP See die,P �— CountY:. 6 -rs Ai e7'
Investigator. ot _ k reed w'r ...r State: we
Do Normal Cum==nces exhu an the site? No Community 10:
Is the site significantly disturbed (Atypical Situation)? Tap Transect 10:
Is the area a potential Problem Area? Yes Plot 10:
(If needed, explain on revers$.) -
VEGETATION
Dominant Plant Species
11 P,ti u r Ta ed a
i$katurtl . Indicator-
Ocminem Rent Soscies SM3M Indicator
!.
2. Qwrceus
�'�� ,,_ �!:;4e_-
lov
3. -Mv/t lfA PPd,,Ter+
a Fit
Wets"Wried Lasrose
4 =I rY vow 1 / ,y we;R
5y4 ewv, _F +C
12.
PAC- Nsutral Test
Depth to Saturated Sad: fln.!
Qtlter Molain in Rernarksl
6.
14,
Percent at Dominant Species dart are OBL. FACW at FAC'
(excluding FAC•1.
ns.�
/ c
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarksl:
_Stream, lake, at?ide Gauge
Aerial Photographs
other
No Recorded Data Available
Wetland hydrology Indicaiam:
Primary Indicators:
Mwndated
Saturated in Upper 11 Inches
—Water Marks
Drtft unes
Sediment Deposits
, Drainage Panama In Wedands
Fia(d Cbeamdana:
Secondary lndfentore is or mm required):
Depth of Surface Waters On.)
— axkftW Rent Channels In Upper 12 Inches
Wets"Wried Lasrose
Depth to Free Water in Pit: �_fin.l
Lee" Son survey Data
PAC- Nsutral Test
Depth to Saturated Sad: fln.!
Qtlter Molain in Rernarksl
Remarks: Ald cd_ we f /* ,. - A y s2 o% y y

SOILS
Mao unit Name an ,�/
(Sories d Phsaa): 1V14s", X-01y �.� Drainage Coat: }"
1 Reid Ohaanradans
Tanenenw (Suevt mi: a.r a �it �, a.n,aa a r.+/1' Conritm Maooed Type? Yea
Ptafite Oeacriedent
Oapth Matrix Color Motde Calcm Motde Ta mm, Concrsttons.
neheel Hod2an ri ALuw*41Notet! fMunsefl Marna Abundaneo/Connest �tnteturs—tte. — -
O —lZ t Na,- rstut�y rt•,irrtrt�
SuR ��cf
Hydrie Sal lttr$cntorr.
HSstio Epipodon
—Sulf(dlo Odor
Agtua Unisttrre Regime
Reducing contdtfons
Gliyed or Low -Chi mo Calm
Conwatlons .
High organic Centbm In surface Layer (n Sandy Sons
Organic Streaking in sandy Sara
Listed on L *cW Hydrio Sala L.tst
_ Listed on NatiQnel Hyddo Soho Lbt
Other (Explain in Remarks{
Rernarkes �I
7"�ttk SaaT•�t� Sid y soy �'� ho S�'at�tKf ' ev�dthf
5..: � �s � . a� a: /y rF T /ii e N of i � s .9 r*r � ��t�s. iYy-•� ssl°' ,8 r r�.y�e�ae d .
WETLAND DETERMINATION
Hydrophyda Vegetation Present? Yes o (arcio) (Circle)
Wetland *Orafagy Pmeent? Yss o
Hydric Sob Preaant? Yes o Is this Sampling Point Within a Wetland? Yee
Rsrnanica:

DATA FORM
ROUTINE WETLAND OETERMINATION
(1 $87 COE Wetlands Daneadan Manual)
FrojectlSite:C',�a/�.� P .�rt T, �l� /.r�. /r 7�ar'% ._
AppGcant/Owner. US A -Feve rT S*"flie f - --
Investigator: itil_a - lye dJ4r
Do Normal Clrm==nces exist on the site? Vass No
is the ate significantly dbuirbed (Atypical Situation)?
is the area a potential Problem Area? Yes CNO
Of needed, explain on reverse.)
VEGETATION
Date: Su H -14 l 199
County:
State: Wv C
Community 10:
Transeat 10:
plot 10:
gaminent Plant goggles SIM= . ea:or Dormna"t !Mont Saecles �W�n h+dFeaco.
1. A I as -r14 edA &A _ F h e a.
2., Q N erre ".r y).- e N r q r►A S`S._ t 1 d. �-
3. �% R ► C A e" ra'9 SA,- l Al C 11. ---- -^
T /�X ✓owr► -ba►.o 5A I. L Ed C— 1Z -- --
6.Tex►= ao.► �e yell eea�i S�►��� � ' 1s.
a.TuHCUs /toe»tl�c►anWs =6 031- 1�. ----
Percent of Deminent Speeisi that we OBL. FACW or FAG' QD /
(excluding FAC•1.
Remarks:
HYDROLOGY
Recorded Dan (Osscrib p in Remarks):
Stream. Lake. oe Tide Gaups
Miid Photographs
Other
No Rkordad Data AwasWe
Field Obaer adow.
Depth of sudwe Water: so.)
Depth to Fne Water in Pit:
Depth to Sasuated Sea:
Wewnd Hydrdoov IndiUMS:
primary Indcators:
Inundated
Saturated in Upper 12 Inches
_ Water Marks
Drift Lines
S.dimant Deposit
Dradnage Patrarm In Wedands
Seeendery tndloators (l or mars required{:
_ C"sed Root Chennele In Upper 12 Inches
WateaStdned Leaws
Loed $ a Surwy Dan
FAC-Neutrai Test
-ie lamer ftlain in Remarks!
Remark,: Nl' i 0^4 l Lt sar►e4,4<e So :1 14/e e

a,....
Mao Unit Name ' / /
(Series and Phase): %ioLa� ,
��_ Drainage Casa: 1/ P
!Said Ohsenradons
Tanenow C3ubormal: T, c 'h d/46 ur••-ts Confirm Mapped Type? Yes
Profile Oescrietlent
pepth Matrix Color Mazda Colors MoNa Texmm, Concretions.
nch Horizon (MunaaY tm*" a4un'e11
Malad AWndsneaGinera.c aenretur•-ea. ,,....�
�..� 10 yR Z%1
"'' w deV A/
Hydrle Sol Indicators:
F6sma01
Conentton.
_
Fisch Epipadon
_
Woh Organic Content In surface Loiter in sandy Soils
� Gulfldlc Odor
Organic Streaking in Sandy Sale
Aquia Moisture Regime
Uated on Lead "do Sails Ust
Reducing Condldoes
Ust■d on NadWW Hydric Soils Ltst
_ 614ye4 or Low -CMoma "ors
jr-Other Main In Remadts'l
Ranarims /f' i d q 1e0.C. j ,%j 5 tftS'd -1
A /« Gvy lM (1v4 +9t J CI' e f
1N
p"e
Nun,,. ttt'jo� adf 9-f Arf�ptd.
WETLAND DETERMINATION
Mydrephyde Vegetation Present! ee ) No (Qreial
Wedend Hydrology Present? eyev No
Hydtia Sots Present? .s ) No
Ramarics:
(Grdel
to dots SarripOng Pant Within a Wedand? Yas No

JLN 13 197 06 :14AM USDA - FOREST SERYICE NEW BERM NC
State of North Carolina
Department of Environment,
Heaittl and Natural Resources
Division of Forest Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary U
Griffiths Forestry 5 West
Stanford M. Adams, Director
Clayton, North Carolina 27524
May 7, 1997
P.2/5
e��
[DF=HNFZ
Ms. Lauren L. Hillman
District Ranger
USDA Forest Service
Croaton Ranger District
141 E. Fisher Ave.
New Bern, NC 28560
RE: USFS EA Scoping for Recreational Improvements at Cedar Point in Carteret County.
NC.
Dear Ms.
l°JU 1997 concerning the above subject
Reference is made to your scoping notice to me dated April ?4,
project We have reviewed this and have the following comments.
1, We have no apparent objections and/or problems tov�odifying the Cedar Pont Tideland Trail.
2 We understand the main purpose is to enhance the environmental educational opportunities to
the general public that use this area.
3. Even though the main purpose .is for environmental education, we would like to suggest, if
possible, that aspects of the benefits of forest.managemeni'and fire control be also shown.
in other words, 'tbe benefits of the managed-forest would include
S.
Timber harvesting
b.
Forest management
C.
Fire control
d.
Recreation
e,
Environmental protection
f
Aesthetics, etc.
We appreciate the opportunity to comment on this proposed project
PC: Mike Thompson, Warren Boyette • CO
Don H. Robbins, GrFC
Melba McGee, office of Leg. Affairs Am
58
Rde , NO ft Cororna 27626-0581 NO C
p. O. Box 291. �
vdce -0 1¢733 -2162 FAX 910 - 715 -4350
r
Lt-✓'
rd M. Adams
Director
An Equd OpPodunifY Afftrr �e Action EmploYer
50% recycled / 10% Post- COnsIuner paper

r
jUN 13 ' 97 06:15W LISDA- FOREST SERVICE 'NaJBERN NC
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Parks & Recrevthn
James B. Hunt, Jr., Governor
Jonathan B. Howes. Dr. h 1p K. McKnetlY Dir
Director
Lauren Hillman
Croatan National Forest
141 E. Fisher Avenue
New Bern, Nc 28560
cedar Point Tideland -Trail reconstruction
y,ay 23, 1997
i
F.j /1Z)
subject:
Dear Ms. Hillman: '
The Cedar point area is a ,highly significant natural area,
containing the best remaining example of the Coastal as
Evergreen Forest community type in this part of the state, a
as salt Marsh and related communities.
In addition to being
recreation area, p art of the area is designated as a Special
Interest Botanical Area and is it the state is concerned with all
Heritage Areas. The Natural He Program potential
impacts on the
activities in this area that have p
communities.
The scoping letter does not provide enoueneral�rtrails in forested
comment on this specific proposal. In g great
areas produce only localized disturbance and are eater cocern
impact. Some situations that would make they of substantially
are if the trails are wide or are paved, d if the density of existing
increase access in sensitive areas,
and new trails is great enough to produce tcrail a in ive a ismall s'
forest
high visitation and density of existing
area at cedar Point make these issues possible. We look forward to
reviewing a more detailed proposal.
Sincerely, '' '
Axe. - _'P4*W1Q-
Mike schafale
Natural Heritage Program
North CcrO� 27411.7687 Telephone 919 - 733 -4161 FAX 919 - 715.3085
P.O. Box 27687. Raleigh, or W% recycbd/ 101% coe-c�T`�r poo4r
M Equoi oPPOR�Y Af!irtnoirro Action Emp1cY

t
JUq 13 '97 06:1SAM USDA - FOREST SERVICE NEW BERN NC P.4/5
MESSAG'S DISPLAY FOR DENNIS FOSTER
To D.Wrigbt:r08flla
To L.RillM&n:roef11d03a
To A,gncdek&r:r08fl1a.
CC g.Aabcraft:Y08fila
CC D.Foater:r08f11d03a
From: MICXAEL HARMON:ROSF11D10A
postmark: Jun 03,97 8:12 AM Delivered: Jun 03,97 8:12 AM
TIDELAND TRAIL RECONSTRUCTION
SubjectCSDAR- 'r
PO1N------•----•--•-------------------------------
- --------•--
_ Message:
Archeological survey and testing for the proposed Cedar Pt. Tideland
Trail reconstruction was conducted on May 29th. No heritage
resources were discovered•byWe apprsciatcTthseaasistancecofoD Dave
objections to the profs us to the project area.
Wright and Dennis Foster in orienting

JLN 13 '97 O6 :15m USDA- FOREST SERVICE NEW BERN NC
t
James
_ ��}� �arDli2ts
c Pep rtment of �rtsult>xrg
,vmrt4 fgarvlohm fflarTum JCiuse=
Lauren L. Hillman
District Ranger
Croatan National Forest
141 E. Fisher Ave.
.New Bern. NC 28560
May 1, 1997
Radaey D. Barfield
Direeca
Dear Ms. Hillman,
for notifying me of the proposed reconstruction project
Thank you Very much
for the Cedar Point Tideland Trail. The museum has used the trail for many years,
included for
always appreciating the improvements better observation and
Interpretation of wildlife. Many school groups, pubic groups, summer science
P
ro rams utilized the trail for nature walks, enviro tsig s amend bird watching
programs
,watching. Through the years the improved Interpretive
stands made the trail more attractive for educational programming for the museum.
The proposal for reconstruction and reloc�fion of portions of the trail to
increase the environmental and cultural interpretations 6f have area
walkways through the
beneficial for education. i hope the trail will cont�nus t the covered
forest and wooded Walkways over the marshes and lowland areas,
platf orms for binding and protection from rain. Added interpretation of former uses of
the waterways
upliand areas would.,enhanc° .the o� educational aspects
the trail.
I appreciate being included in the
written and draft copy of the alternatives
future of the trail.
review process and' look forward to the
and environmental assessments for the
Sincerely
JoAnne Po
Curator of d i
Noah a rcL'a. xa.C_ 2s 16(919 Mss Museum
31S Fcooc Saat. 8�+��. N.C- 28116 (91� 72a -317
. _ e_:. i llnnnnunitY Affirmetiv Act
LOn Em W
O�Or

JUN 19 197 10 :52AM USDA — FOREST SERVICE NEW BERN
I, i!
•
North Carolina
Department of Administration
Katie G. Dorsett, Secretary
James B. Hunt, Jr., Governor June 6, 1997
Ms. Lauren Hillman
USDA Forest Service
Croatan Ranger Disrict
141 E. Fisher Avenue
New Bern, NC 28560
Dear Ms. Hillman:
RE. SCH File # 97- F•-0000 -0705; Scoping Proposed Reconstruction of the Cedar Point Tideland Trail
in the Croatan National Forest in Carteret County
The above referenced project has been reviewed through the State Clearinghouse Intergovernmental
Review Prbcess. Attached to this letter are comments made by agencies reviewing this document.
Should you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Mrs. Chrys Baggett, Director
N. C. State Clearinghouse
Attachments
cc: Region P
Melba McGee, DEHNR
116 West Jones Street Raleigh, o or Carolina 27603-8003 919- 733 -7232
An equ3i ,,�t rm

a
JUN 19 197 10 :52AM USDA- FOREST SERVICE NEW BERN NC
State of North Carolina
Department of Environment,
Health and Natural Resources
Legislative & Intergovernmental Affairs
James 8. Hunt, Jr., Governor
.Jonathan B. Howes, Secretary
Richard E. Rogers, Jr., Acting Director
TO: Cbzya Baggett
State Clearinghouse
FROM-. Melba McGee w
Enviro=neatal Review Coordinator
FW: Project Number 97 -0705
DA's ; )tune 9, 1997
The attached comments were received by this office after the response due
date. Tbese comments should be forwarded to 4.lie applicant and made a part of our
previous comment pac6ge,
Thant you for the opportunity to respond.
Attachment
P.O. Box 27687.
Raleigh, North Corollna 27611 -7687
919.715 -4148
RECEIVED
JUN 9 1991
N.C. STATE CLEARINGHOUSE
N19f FAX [phone]
An Equal Opportunity /Artlrmorive Action Employer
5n recycled /10% post- consumer paper

JUN 19 '97 10:52AM USDA — FOREST SERVICE NEW BERN NC P.4/5
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James S. Hunt, Jr., Governor
Jonathan S. Howes, Secretary
Roger N. Schecter, Olrector
�aRANDUM '
TO: Melba McGee, NC Division of Policy and Development
FROM: Steve Denton, NC Division of Coastal Management
SiTB7ECT: Review Of SCH # y7 67,05' DATE:. �y
A Copy of A11 Comments Received by the 9CH - l/Jeviewer Comments Attached
�
Is Requested
Review Comments:
_ This document is being reviewed for consistency with the NC Coastal Management program pursuant to federal
law and/or NC Executive •Order 15. Agency comments received by SCH are needed to develop the State's
consistency position.
project Review Number (if different from above)
A Consistency position will be developed based on our review on or before
A Consistency Determination document �s, or ,_,mav be required for this project Applicant should contact
Steve Bentoa or Caroline Bellis in Raleigh, phone;* (919) 733 -2293, for information on the proper document
format and applicable state guidelines and local land use plan policies.
Proposal is In draft form. a eoasistency response is inappropriate. A Consistency Datermination should be included
in the final document.
A Consistency Determination document (pursuant to federal law and/or NC Executive Order 1 S) is not rrauired.
!' _ A consistency response has already been issued. Date issued
Project No. ppp Sq. Feet and no AEC's or Land Use Plan Problems.
proposal involves < 20 Acres or a structure < 60,
proposal is not in the Coastal Area and will have no significant impacts on nay land or water use or
natural resource of the Coastal Area.
A CAMA Permit is, or may be required for all or part of this project proposal. Applicant should contact
in , phone # _ , for information.
A CAMA Permit ! has already been issued, or issued�tly being reviewed under separate circulation.
Permit No. Date
Other (see attached). �'�` �'�
State of North Carolina Consistency Position:
The proposal is cocsisteat with the NC permit requirements airements arermet p�tior to�tmpletae cation of rise p j�eC� ro
sad that all state authorization and/or p 4
The proposal is inconsistent with the NC Cori' Management Program.
Other (see attache
.. „ a_ n7Fa'7 nr,loinh Narftt CatMma 27611 -7687 Telephones 919 - 733 -2293 _ -FAX [phone]

ti w W :�o .
JUN 19 197 10 :52AM USDA - FOREST SERVICE NEW BERN NC
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter. Director
May 20, 1994
MEMORANDUM
TO: STEVE BENTON
FROM: T. BARRETT
RE: CEDAR POINT TIDELAND TRAIL CONSISTENCY
P.5 /5
F, T
pEHNR
I have evaluated the proposed relocation and reconstruction of the Cedar Point Tideland Trail in
the Croatan National Forest. The proposed and existing trails are approximately 2 miles in length,
and cross regularly and irregularly hooded coastal wetlands, fi and fill tidal
through thee�regularly't is
constructed through the irregularly flooded wetlands gravel
flooded wetlands with an elevated boardwalk The tidal creek crossing doed not
thcowor
navigation I would ask that the following elements of design be co proposed
reconstruction.
1) The trail should be designed such that it is elevated over all regularly and irregularly flooded
coastal wetlands.
2) The decking of the boardwalk should be elevated a minimum of 3' above the substrate of the
coastal wetlands, and should not exceed 6 in w1 d
3) The portion of the boardwalk'crossing the tidal creek, at its most navigable depth, should be
elevated to whatever height necessary to allow for navigation by the types of vessels able to
utilize this waterbody.
If the proposed project addresses these concerns, I would consider it to be consistent with the
CAMA.
M. Charles Jones, ACM
C4ASTAL'fANAGEMEArr
NC 2gr55� Nif �• An Equal Opport% � / AtflrmatNe Acticn Employer
Nesrron Pl-a 0. 1518. H%pway 2Q. Maeheas7 Gty C
,..,, 1, L/9 ,� ..a � i _i �- f10 —.__ 50� recyaed / 10% post- comumer paper

U.S. ARMY CORPS OF ENGINEERS -Z 0 -le Is
WILMINGTON DISTRICT ti 38y- i0ao
E 308 goo
Action Id. 1,90-706 9 -I 6
c,
ftuo wkz MOW 1q 9'7065"] 1
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Property owner
Address
'275
TAlr_ ZSgbZ
Telephone No. � 0 �) Z S 7—� LO o
Size and Location of project (water body, road name /number, town, etc.
County 4f4 /+e/e- -
VERIFICATION
1 n c,, t ed- +"e- e-,, . 4(„ e- . A P n,(= `t'iL& 9 111t4- a c' i q. e- Et., )-- �
Description of Activity
Applicable Law: /, Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
kt-- g Nationwide Permit Number.
S
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone]. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals /permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 7 /Z4l97
Corps Regulatory Official � Telephone No. ��_ f q) -77,5-1,96
Expiration Date of Verification 2$ (R R
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Forth 591
Revised .July 1995

GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure pub.
safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effecd�
operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the eariie
practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigent..
to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is
impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimiz
soil disturbance.
6. Regional and Case -by -case Conditions. The activity must comply with any regional conditions which may have be:
added by the Division Engineer and any case specific conditions added by the Corps.
7. Wild'and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in
river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an of sic'
study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Fore
Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal rights,. including, but not limited to, reserved wa
rights and treaty fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waive
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrent
must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence
a threatened or endangered species or a species proposed for such designation, as identified under the Federal EndangerE
Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non - Federal permittees sh:
notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and sh:
not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act ha
been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can
obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Regis:
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. Tr
prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties liste
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the Natior
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location ar
existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Histo:
Places (see 33 CFR 330.4(g)).
13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply inta
except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization.
14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish productic
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, c
bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to t
maximum extent practicable at the project site (i.e., on- site), unless the District Engineer has approved a compensati
mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extE
practicable.
18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impe
the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is
impound waters).
19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on t
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maxims
extent practicable.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maxim,
extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returnee
their preexisting elevation.

NATIONWIDE PERMIT #18: MINOR DISCHARGES. Authorizes discharges of dredged or
fil'_ material into all waters of the United States provided that the activitv
meets all the following criteria:
a. The quantity of the discharge and the volume of the excavated area
does not exceed twenty -five (25) cubic yards below the plane of the or— nary
high water mark or the high tide line; _
b. The discharge, including any excavated areas, will not cause the
loss of more than 1/10 acre of a special aquatic site, including wetlands.
For the purposes of this nationwide permit, the acreage limitation includes
the filled area and excavated area plus special aquatic sites that are
adversely affected by flooding and special aquatic sites that are drained sc
that they would no longer be a water of the United States as a result of the
project;
c. If the discharge, including any excavated area, exceeds 10 cubic
yards below the plane of the ordinary water of the high tide line or _f the
discharge is in a special aquatic sit=, including wetlands, the permittee
nOt_f °.es the Dist__ct ngineer in accordance with the "Notification" ne=-_
condition. For discharges in special aquatic sites, including wetlands, the
notlficatlOn must also 'include a delineation of affected sneclal aquatic
sites, lncludlna wetlands;
d. The discharge, including all attendant features, both temperary and
permanent, is part of a single and complete project and is not placed for the
purpose of stream diversion; and
e. This nationwide permit cannot be used in conjunction with nationwide
permit No. 26 for any single and complete project.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure pub'_ic safety.
3. Erosion and siltat -on controls. Appropriate erosion and s__: :-on
contrcls must be used and maintained in effective operating condition dun -nq
construction, and all exposed soil and other fi11s, as well as any work be'lo'w
the o =d_- nar.,, hlgi. wager Tiara{ or high __de 'line, must be permanent_v
at the the ear'_iest practicable date.
4. Acuatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Ecuipment. Heavy equipment working in wet --nds :rust be placed on
mats, or other measures must be taken to minimize sci'_ disturbance.
6. Regional and case -bv -case conditions. The activity must comply wit..
any regional conditions winich may have been added by the Division Engineer
(see 33 CFR 330.4(e)) and with anv case specific conditions added by the Corps
or by the State oz t_lbe _n its Section 401 ware= cual_ty ce_tlf_cat_or..

7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially aesignated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status; unless the appropriate Federal agency,
with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely effect the Wild and
Scenic Raver designation, or study status. Information' on wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in
the area (e National Park Service, U.S. Forest Service, Bureau of Lana
Management, U.S. Fish and Wildlife Service.)
8. T=_-pal rights. No activity or its operation may impair tribal
rights, including, but not limited to, reserved water rights and treaty
fishina and hunting rights.
9. Water quality certification. The permittee must comply with all
Cond1.._cns of General Water Quality Certif_cat_on No. 31_06, issued by the
North Carolina Division of Water Qua'' -_tv (NCDWQ) on February '_l _99"
10. Coastal zone management. The North Carolina Division of Coast
Management (NCDCM), has de*_ern_.ned that "' s nationwide per nit is
cond:t- onally consistent with the North Carolina Coastal Management - _ocram.
Notif_cat_on and written concurrence from the NCDCM _s _=cu_
. �� red prier to
work in the twenty (20) coastal counties of North Carolina. --
11. Endangered species.
a. No activity is authorized under any NWP wh c.. is ikely ~c
jeopardize the continued existence of a ,...neatened or endangered species or c
scec_es , reposed _ °or such des- Cnat'_on, as _dent' f_et1
under t e federal
Endangered Species Act or which is likely to destroy or adversely mo— fv : =
critical habitat of such species. Non- Federal permittees si.a -1 not_fv `he­
Distr_..t Enclneer _f any listed spec4 Cr'_t1Ca= habitat might be afte...
or is in the vi _rtty of the eject, and shall not begin work on the act_v_ -
until notified by the Districz Zngineer that the requirements of the
Endangered Species Act have been satisfied and that the activity is
authorized.
Authcr_zation of an activity by a nationwide pern+.it does
not authorize the take of a threatened or endangered species as defined
under the Federal Endangered Species Act. 7n the absence of separate
authorization (e g , an ESA Section 10 Per..._` a Biological Op_ _on wit'-
- ncidental take _ rovislons, etc.) from t'n_ U.S. ' - -sh and N__d'_ `e
, _ p � _ Serve.._
or the National Marine Fisheries Service, both lethal and nor. - lethal
takes of protected species are in violation of the Endancered Species
Act. Information on the location of threatened and endangered species
and the'_ critical habitat can be obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisher es Servi
or their world wide web pages at hzzm://ww-w.fws.gov/'r9en--4s=z.hz.-ni- andV-
http: / /kincf_sh. sot) - =fs gov /tmci..- r /pr., res R o
_ . ht:n! nE5 and Recover-"r,
rv,
respectively.
2

12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Resister of Historic. Places, and shall not begin the activity until_
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre -
construction Notification (PCN) as early as possible and sha-, 1 not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any spec---_ conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Eneineer's
receipt of the notification and the prospective permittee has not received
notice from the Dlstzict Or Division Engineer. SubseauentlV, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked or_ly 4n
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The no7_lf4cat'or. must be in wr_tinc
and ,include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(�) Location of the proposed project;
(3) Brief description of the proposed project, the _ ec-
purpose, d1rect and indirect adverse envi-onmental effects tae prs -eam wou_c
J
cause; and other NWP(s), regional general aermit(s) or individual per_nit(s;
used or intended to be used to authorize anv par- of the proposed project or
any related activity; and J
(4) For NWP 18, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph 13.f.)
c. :orm of Notification: The standard individual_ oermi-
application form (-crm ENG 4345) may be used as the notification but must
-
clearly ind -sate zhat It is a PCN and must _nclude all the information
required in of General Condition _3. F letter may also be used.
3

d. District Engineer's Decision: In reviewing the pre -
construction notification for the proposed activity, the District Engineer
will determine whether the activity authorized.by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be
contrary to the public interest. The prospective permittee may, optionally,
submit a proposed mitigation plan with the pre- construction notification to
expedite the process and the District Engineer will consider any optional ^
mitigation the applicant has included in the.proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. If
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal, the District Engineer
will notify the aermittee and include any conditions the District Engineer
deems necessarv.
Any mitigation proposal must be approved by the District Engineer prior
to commencing work. If the prospective perznittee elects to submit a
mitigation plan, the District Engineer will expeditiously review the proposed
mitigation plan, but will not commence a second 30 -dav noti'icatizr. rocedure.
If the net adverse effects of the project (with the mitigation proposal) are
determined by the District Engineer to be minima' the Distr___ Engineer
provide a timely written response to the applicant statinc t'-at the project
can proceed under the terms and conditions of the nationwide permit.
If the District Engineer determn_nes that the adverse effects of the
proposed work are more than minimal, then he will notify the applicant ether:
(1) that the project does not qualify for authorization under
the NW? and instruct the applicant on the procedures to seeK authorizati zn.
under an individual permit;
(2 ) that the prof ect is aut :..^.__zed under t•, t.:e
appl_cant's submitting a mitigation proposal that would =educe the adverse
effects to the minimal level; or
(3) that the project is authorized under the \W? with specific
modifications or conditions.
e. Acency Coordination. The District Encineer wit_ consider any
comments from Federal and State agencies concerninc the proposed act_v_,zv1 s
compliance with the terms and ccnditions of the NW ?s and the need f.._
mitigation to __duce the project's adverse environmental _ff_c,:s to a minima_
level.
Optional Agency Coordination. For NW? 18, where a Recicna_
Administrator of EPA, a Regional Director of US7-9S or a Regional D__ec or of
NMFS has formally requested genera_ notification from the Distr_..t Encinee_
for the activities covered by any of these NWPs the Corps will prtvide the
requesting agency with notification on the particular NW-Ps. However, where
the agencies have a record of not generally submitting substantive comments on
activities covered by any of these NW ?s, the Corps District may discontinue
providing notification to those regional offices. The Distr___ Engineer will
coordinate with the resource agencies to identl_`v which aC__Vi__es _nvoiv :na a
PCN that the agencies will provide substantive comments to the Corps. The
District Engineer may also request comments from the agencies on a case by
case basis when the Distric.. Engineer determines that such comme nts wou -c
assist the Corps in reaching a decision whether effects are more than minimal
either individually of cumulatively.
4

f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method reauired by the Corps. The perznittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corns does the delineation. Furthermore, the 30-day e��
Furthermore, y p od will
not start until_ the wetland delineation has been completed and submitted
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitication must be available and
capable of being done considering costs, existing technology and logistics i_,
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation barking and other forms of mitigation including contributions to
wetland trust funds, inlieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where suc -.
fees contribute to the restoration, creation, replacement, enhancement
or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the s-'--e
of the _roject; establishing wetland or un land buffer zones to protect ac_uat_c
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and va'_ues. T_n ad"
mitigation must address wetland impacts, such as functions and values, and
^
cannot be situp' -y used to offset the acreace of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26,
acres of wetlands cannot be created to change a o' -acre loss of wetlands to a
acre loss; however, 2 created acres can be used to reduce tte impacts of a 3-
acre loss.).
-4. Compliance cerificat_on. Every pernittee who has rece;
even a
nationwide permit verification from the Corns will submit a sinned
cerz _fication regarding the comp' -ete.j work and any required mitigatior.. The
cerz.ficat -on will be forwarded my the Corps with the authorization letter ant
a. A statement that the authorized work was done in accordance
with the Corns authorization, including any general or spec_`_ conditions;
b. A statement that any requ_-ed m -.- gat -on was completed
accordance with the permit conditions, and T
C. The signature of the permittee cert_`ying the compietzon of t o
work and mitigation..
1-5. Multiple use of nationwide permits. in any case where NW? number
12 through 40 is combined with any other NWP number 12 through 40, as mart of
a single and complete project, the mermlttee must notIfv the District Engineer
in accordance with paragraphs a., b., and c. of the Notification General
Condition number 13. Anv NWP number 1 through 'I maybe combined with any
other NW? without notification the Corps, unless notification is otherwise
requ_zed by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more
different NWPs can be combined to author -ze a sj.ngle complete prc3ect.
^ = and comp_
However, the same NWP cannot be used more that once for a sing and complete
project.
5

SECTION 404 ONLY CONDITIONS
In addition to the Genera'_ Conditions, the following conditions apoiv
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for authorization
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fi'_1 material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply J_ntake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable terial e b _ -
ma ( _ . , ,,rash, de�ris, car cd� es, aspha_ _,
etc., ) and material discharges must be free from ,.ox:.c pollutants in tcx_c
amounts (see Section 307 of the Clear. Water Act) .
4. Mlzigation. Discharges of dredged or fi1'- material _nt., waters of
the United States must be minimized or avoided to the maximum extent
Dracticable at the project site (i.e., on- site), unless the Distric.. Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on -site m= nimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawr_inc
seasons must be avoided to the maximum extent practicable.
6. Obstructions to high flows. To the max -mu:m extent practicable,
scharges :rust nct permanently rest__,._ or impede the passage of normal or
expected high =lows or cause the relocation of the water (unless the pr_mar,;
purpose of the fir'_ is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the acuatic system caused by the
accelerated passage of water and /or the restsic.._on of its flow shall be
m= nimi_ed to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for,
migratory waterfowl must be av0_ded to the maximum, extent oract- --able.
9. Remcva_ of temnorary f il I An v temzora=v f =115 mu'5t be =°_.^,LOvet _
their entirety and the affecet areas returned to the__ preexisting elevat_ n.
6

REGIONAL CONDITIONS
I. Prior to the use of any nationwide permit in a designated
"Outstanding Resource Water" (ORW), a designated "High Quality Water" (HQW) o:
a designated "Primary Nursery Area" (PNA) of North Carolina or in contiguous
wetlands (as defined by the North Carolina Division of Water Quality) to any
of the above waters, proponents must notify the Wilmington District Engineer
and furnish a written statement of compliance with all of the conditions of
the applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to working in the waters and /or contiguous wetlands and why
alternatives were not selected; and a plan to mitigate for all unavoidable
adverse impacts to the waters and /or contiguous wetlands as may be required by
the applicable nationwide permit. Work may proceed only after the permittee
has received written, telephonic or faxed approval to proceed from the
District Engineer. Normally such notice to proceed will be furnished
thirty (30) days of receipt of the above information.
2. Prior to the use of any nationwide permit in a designated "Area of
Environmental Concern" (AEC) in the twenty (20) counties of Easter North
Carolina covered by the Coastal Area Management Act (CAME.), a proponent must
obtain the required CAMA permit and furnish a copy of the CAM.A permit to the
Wilmington District Engineer.
3. Prior to the use of any nationwide permit on a barrier island of
North Carolina, a proponent must notify the Wilmington District Engineer and
Furnish a written statement of compliance with all conditions of the
applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and a plan
vy
mitigate for all unavoidable adverse impacts to wetlands, or waters as may be
required by the conditions of the applicable nationwide permit.
Work mzv
proceed only after the pe_rmi.ttee has received written, telephonic or faxed
approval to proceed from the District Engineer. Normally such notice to
proceed will be furnished within thirty (30) days of receipt of the above
information.
q. Prior to the use of any nationwide permit in a "Mountain Bog" of
North Carolina, a proponent must notify the Wilmington Distr_at En _ and
^_ g_zee..
furnish a written statement of compliance with all of the conditions-of the
applicable nationwide permit. Notification will include the location =
work; a descz4tion of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and a 'an
mitigate For all unavoidable adverse impacts to wetlands or waters. '+vczx nav
proceed only after the permittee has recelVed 'Ar'tten, teleDllCn'C Cr faxed
approval to proceed from the District Engineer. Normally such notice to
Droceed will be furnished within tl.irty (30) days of receipt of the above
information.
5. Prior to the use of any nationwide permit for construction of animal
waste facilities in waters and /or wetlands of North Carclina, a proponent must
notify the Wilmington District Engineer and furnish a written. statement of
compliance with all conditions of the applicable nationwide permit.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to mitigate for all unavoidable
adverse impacts to wetlands or waters as may be required by the conditions cf
the app'cable nationwide permit. Work may proceed oniv aater the pe^titt =e
has rece_ved written, telephon -c or faxed approval to proceed from the V
District Engineer. Normally such notice proceed will be furnished wit :: ^in
thirty (30) days of receipt of the above information.
7

f
6. The total area of wetlands impacted under anv nationwide permit must
not exceed the area limits stated in the nationwide Der^.nits drained by upland
perimeter ditches or by other means.
7. Prior t., the use of any nationwide pe: nit in Mountain Trout Waters
within twenty -five (25) designated counties of North Carolina, a Dr000nent
must nor-- fv t. ^.e Wilmington Distr4 c. 7nc4neer and fi1rn: sh a Wr =tta:1 sLatene ^_
of co= 11 ante with all the conditions of the aDDiicable nationwide permit.
Notif ication will include a letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC); the location of work; a delineation of
wetlands; a discussion of alternatives to working in the Mountain Trout waters
and why alternatives were not selected; and a plan to mitigate for all
unavoidable adverse impacts to the Mountain Trout Waters. Work may proceed
only after the permittee has received written, telephonic or faxed approval to
proceed from the District Engineer. Normally such notice to proceed will be
furnished within thirty (30) days of receipt of the above information.
a. The twenty -five (25) designated counties are:
AlIeahanv
Ashe
Avery
Buncombe
Burke
Caldwell
Cherokee
Clay
Graham
Haywood
Henderson.
Jackson
Macon
Madison
McDowell
Mitchell
Polk
Rutherford
Stokes
Surry
Swain_
Transylvania
Watauga
Wilkes
Yancv
obtain the recuIred - ett:.- of approval from the Nort.. „ - :.
Var .G
Wildlife Resources Commission (NC"WRC) , a Dr000nent should co,-tact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
:' -2 North Sa iJ sbury Street
Raleigh, NC 2761=
Te_echone (919) 733 -7638
8. Wet_andis and waters must be avoided onsite to the max_'mum extent
practicable and adverse impacts to wetlands or waters must se m_n1mited s_te
to the maximum extent Dract_cable.
9. H• c' ^. ,round created by t.. -s na:- cnwide per., may not be accessed
using nationwide perm::. No. 14.
8

w
STATE CONSISTENCY CONDITIONS
If the proposed activity is within the North Carolina Coastal Area, the
app -4cant must receive written concurrence from the North Carolina Division of
Coastal Management (NCDCM) that the activity is consistent with the North
Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
Activities authorized by this nationwide permit _eauire written
concurrence from the North Carolina Division of Water Quality (NCDWQ).
2. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Lard Management in the DEHNR Regional or Central Offices) will be utilized to
prevent excpedances of the appropr, ate turbid =tv water quality standard (50
NT'3's in streams and rivers not designated as rout by NCDWQ, 25 NTL" s is all
saltwater classes and all lakes and reservoirs, and 10 NTJ's __. trout waters:.
3. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
4. If an environmental document is required, this Cert__ication is net
valid until a FONSI or ROD is issued by the State Clearinghouse.
5. This cartification shall not be used in conjunction with the
Cer. .,..
cat_ for nationwide permit No. 14 to create h__.'grouhd for access.
6. Deed restrictions must be placed on all remaining wetlands on the
parcel after appropriate use of this and other Certifications. The North
Carolina Division of Water Quality (NCDWQ) sha11 be sent. copies of all deed
rest rictions app'ed to this parcel. If this condition. s not met, written:
NCDWQ apc_rova_ is needed to utilize this General Cert4f- cat =or. (and nationwide
o e rani t) .
7. Measures shai'_ be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
3. Concurrence from the North Carolina Dlv_s_on of Water Quality (NCDWQ,'
that th_5 .c___f_^at_JP. applies to an _,nd_v_aua_1 t.._ee
vears from the date of the cover letter from the NCDWQ.
9

U.S. ARMY CORPS OF ENGINEERS Z
WILMINGTON DISTRICT X/30 +tpoao
r /DO OV Ci
v
Action Id. !L7 O 6 Gel 6 401 ISSUED County -
%�ssoc; wkL
1.0* tq x`7065 7 y
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property
Address
ZBgoz
Telephone No.
Size and Location of project (water body, road name /number, town, etc.
E-A
Applicable Law: /X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
kL xk I V Nationwide Permit Number.
S
C
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone]. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals /permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date `% /Z4197
Corps Regulatory Official Telephone No.
Expiration Date of Verification 7 2$f '?''
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Forth 591
Revised July 1995