28367D - Wilmington

CAMA and DREDGE AND FILL
GENERAL 28367-1
as authorized by the State of North Carolina 1 -;_ u
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC Ti !A . I RHO
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This permit is subject to compliance with this application, site drawing ' ' - - -
and attached general and specific conditions.Any violation of these terms cirsr. applicant's signature
may subject the permittee to a fine, imprisonment or civil action; and �,�
may cause the permit to become null and void. <�� r 0 ..-
This permit must be on the project site and accessible to the permit of- permit officer's signature
ficer when the project is inspected for compliance. The applicant certi- , 0 -I 4. -p I % 0 - I O .
fies by signing this permit that 1)this project is consistent with the local issuing date expiration date
land use plan and all local ordinances, and 2) a written statement has (COd
been obtained from adjacent riparian landowners certifying that theyI _
have no objections to the proposed work. attachments
In issuing this permit the State of North Carolina certifies that this project t c._ i 1 j ,.
is consistent with the North Carolina Coastal Management Program. application fee

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APPLIC�.I�'TN" E: Tl .
-- ADDITIONAL NAMES:. .
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oval onty take 4 •
MALTrr: 14&/ �—v .
(Q'I only take-.4)
rMP= k 1._ aQi300
(will oniy,ar-6)
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ACTION
EXPJ A TON
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CAMA MAJOR DE4 rT I. .REQUIRED: 1 l <

1 )EICEIVE 0 0 scc, o
ocT p 5 2001
ARMY CORPS OF ENGINEERS
pIVISIA OF
COASTAL MANAG WILMINGTON DISTRICT
EMENT
Action Id.: 200101115 County: New Hanover Quad: Wrightsville Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Agent: WK Dixon Agent: Land Management Group, Inc.
Attn: Ms. Margaret Gray Attn:Mr. Paul Farley
Address: 909 Market Street Post Office Box 2522
Wilmington,NC 28409 Wilmington,NC 28402
Telephone: [phone] [phone]
Zone: 18 UTM:North: 3784036 East: 236559
Size and Location of Property (waterbody, Highway name/number, town, etc.): The project is located along
Masonboro Sound Road, adjacent to the Atlantic Intracoastal Waterway, approximately 1 mile southeast of
Wilmington,New Hanover County,North Carolina.
Description of Activity: Excavation of and placement of fill material into 0.04 acre of jurisdictional wetlands
associated with the installation of sanitary sewer lines.
Applicable Law: X_Section 404(Clean Water Act,33 U.S.C. 1344)
(check all that apply) Section 10(River and Harbors Act of 1899)
Authorization: NATIONWIDE PERMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
MARCH 9,2000
Utility Line Activities.Activities required for the construction,maintenance,and repair of utility lines and
associated facilities in waters of the United States as follows:
(i)Utility lines:The construction,maintenance,or repair of utility lines, including outfall and intake structures
and the associated excavation,backfill, or bedding for the utility lines,in all waters of the United States,provided
there is no change in preconstruction contours.A "utility line" is defined as any pipe or pipeline for the
transportation of any gaseous, liquid, liquefiable,or slurry substance, for any purpose, and any cable, line,or wire
for the transmission for any purpose of electrical energy,telephone,and telegraph messages, and radio and
television communication(see Note 1,below). Material resulting from trench excavation may be temporarily
sidecast(up to three months)into waters of the United States,provided the material is not placed in such a mariner
that it is dispersed by currents or other forces.The District Engineer may extend the period of temporary side
casting not to exceed a total of 180 days,where appropriate. In wetlands,the top 6"to 12" of the trench should
normally be backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a manner
as to drain waters of the United States(e.g.,backfilling with extensive gravel layers,creating a french drain effect).
For example,utility line trenches can be backfilled with clay blocks to ensure that the trench does not drain the
waters of the United States through which the utility line is installed.Any exposed slopes and stream banks must be
stabilized immediately upon completion of the utility line crossing of each waterbody.
(ii)Utility line substations:The construction, maintenance, or expansion of a substation facility associated with a
Gc• r II Pei, /Cr#,�, )(--te �� r�rve c.

power line or utility line in non-tidal waters of the United States,excluding non-tidal wetlands adjacent to tidal
waters,provided the activity does not result in the loss of greater than\1/2\acre of non-tidal waters of the United
States.
(iii)Foundations for overhead utility line towers,poles, and anchors:The construction or maintenance of
foundations for overhead utility line towers,poles, and anchors in all waters of the United States,provided the
foundations are the minimum size necessary and separate footings for each tower leg(rather than a larger single
pad)are used where feasible.
(iv)Access roads:The construction of access roads for the construction and maintenance of utility lines,
including overhead power lines and utility line substations,in non-tidal waters of the United States, excluding non-
tidal wetlands adjacent to tidal waters,provided the discharge does not cause the loss of greater than\1/2\acre of
non-tidal waters of the United States.Access roads shall be the minimum width necessary(see Note 2,below).
Access roads must be constructed so that the length of the road minimizes the adverse effects on waters of the
United States and as near as possible to preconstruction contours and elevations(e.g.,at grade corduroy roads or
geotextile/gravel roads).Access roads constructed above preconstruction contours and elevations in waters of the
United States must be properly bridged or culverted to maintain surface flows.
The term"utility line" does not include activities which drain a water of the United States,such as drainage tile or
french drains;however,it does apply to pipes conveying drainage from another area.For the purposes of this NWP,
the loss of waters of the United States includes the filled area plus waters of the United States that are adversely
affected by flooding, excavation, or drainage as a result of the project.Activities authorized by paragraphs(i)
through(iv)may not exceed a total of\1/2\acre loss of waters of the United States.Waters of the United States
temporarily affected by filling,flooding,excavation,or drainage,where the project area is restored to
preconstruction contours and elevations,are not included in the calculation of permanent loss of waters of the
United States.This includes temporary construction mats(e.g.,timber,steel,geotextile)used during construction
and removed upon completion of the work.Where certain functions and values of waters of the United States are
permanently adversely affected,such as the conversion of a forested wetland to a herbaceous wetland in the
permanently maintained utility line right-of-way,mitigation will be required to reduce the adverse effects of the
project to the minimal level.
Mechanized landclearing necessary for the construction,maintenance, or repair of utility lines and the
construction,maintenance,and expansion of utility line substations,foundations for overhead utility lines, and
access roads is authorized,provided the cleared area is kept to the minimum necessary and preconstruction contours
are maintained as near as possible.The area of waters of the United States that is filled,excavated,or flooded must
be limited to the minimum necessary to construct the utility line,substations,foundations,.and access roads.Excess
material must be removed to upland areas immediately upon completion of construction.This NWP may authorize
utility lines in or affecting navigable waters of the United States,even if there is no associated discharge of dredged
or fill material(See 33 CFR Part 322).
Notification:The permittee must notify the District Engineer in accordance with General Condition 13,if any of
the following criteria are met:
(a)Mechanized land clearing in a forested wetland for the utility line right-of-way; •
(b)A Section 10 permit is required;
(c)The utility line in waters of the United States, excluding overhead lines, exceeds 500 feet;
(d)The utility line is placed within a jurisdictional area(i.e.,a water of the United States),and it runs parallel
to a stream bed that is within that jurisdictional area;
(e)Discharges associated with the construction of utility line substations that result in the loss of greater than
\1/10\acre of waters of the United States;

(f)Permanent access roads constructed above grade in waters of the United States for a distance of more than 500
feet; or
(g)Permanent access roads constructed in waters of the United States with impervious materials. (Sections 10 and
404)
Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are routed in or under
Section 10 waters without a discharge of dredged or fill material require a Section 10 permit;except for pipes or
pipelines used to transport gaseous,liquid,liquefiable, or slurry substances over navigable waters of the United
States,which are considered to be bridges,not utility lines,and may require a permit from the U.S. Coast Guard
pursuant to Section 9 of the Rivers and Harbors Act of 1899.However, any discharges of dredged or fill material
associated with such pipelines will require a Corps permit under Section 404.
Note 2:Access roads used for both construction and maintenance may be authorized,provided they meet the
terms and conditions of this NWP.Access roads used solely for construction of the utility line must be removed
upon completion of the work and the area restored to preconstruction contours, elevations,and wetland conditions.
Temporary access roads for construction may be authorized by NWP 33.
Note 3:Where the proposed utility line is constructed or installed in navigable waters of the United States(i.e.,
Section 10 waters), copies of the PCN and NWP verification will be sent by the Corps to the National Oceanic and
Atmospheric Administration,National Ocean Service,for charting the utility line to protect navigation.
NATIONWIDE PERMIT#12: UTILITY LINE BACKFILL AND BEDDING
SECTION 10 AND 404
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 public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any
work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable
date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life
indigenous to the waterbody,including those species which normally migrate through the area,unless the activity's
primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to
minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions which may
have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the
Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management Act
consistency determination.
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 designated 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 River
designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal
land management agency in the area(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,
U.S.Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair reserved tribal rights,including,but not limited to,
reserved water rights and treaty fishing and hunting rights.
9. Water Quality Certification. The permittee must comply with all conditions of General Water Quality
Certification No.3288, issued by the North Carolina Division of Water Quality(NCDWQ) on Junel,2000.
10. Coastal Zone Management. The North Carolina Division of Coastal Management(NCDCM),has waived
consistency.
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation,as identified under the Federal
Endangered Species Act,or which is likely to destroy or adversely modify the critical habitat of such species. Non-
Federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be
affected or is in the vicinity of the project,or is located in the designated critical habitat and shall not begin work on
the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed endangered or threatened
species or designated critical habitat,the notification must include the name(s)of the endangered or threatened
species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected
by the proposed work. As a result of formal or informal consultation with the FWS or NMFS,the District Engineer
may add species-specific regional endangered species conditions to the NWP's.
b. Authorization of an activity by a NWP does not authorize the"take"of a threatened or endangered species
as defined under the Federal Endangered Species Act. In the absence of separate authorization(e.g.,an ESA
Section 10 Permit,a Biological Opinion with"incidental take"provisions, etc.)from the U.S.Fish and Wildlife
Service or the National Marine Fisheries Service,both lethal and non-lethal"takes"of protected species are in
violation of the Endangered Species Act. Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of the U.S.Fish and Wildlife Service and National
Marine Fisheries Service or their World Wide Web pages at http://www.fws.gov/r9endspp/endspp.html and
http://nfms.gov/prot_res/esahome.html, respectively.
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 part 325,Appendix C. The prospective permittee must 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 Register 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)). For
activities that may affect historic properties listed in, or eligible for listing in,the National Register of Historic
Places,the notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification:
a. Timing. Where required by the terms of the NWP,the prospective permittee must notify the District

Engineer with a PreConstruction Notification(PCN)as early as possible. The District Engineer must determine if
the PCN is complete within 30 days of the date of receipt and can request the additional information necessary to
make the PCN complete only once. However, if the prospective permittee does not provide all of the requested
information,then the District Engineer will notify the prospective permittee that the PCN is still incomplete and the
PCN review process will not commence until all of the requested information has been received by the District
Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with
any special conditions imposed by the District or Division Engineer;or
(2) If notified by the District or Division Engineer that an individual permit is required;or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the
prospective permittee has not received written notice from the District or Division Engineer. Subsequently,the
permittee's right to proceed under the NWP may be modified,suspended,or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2);and
b. Contents of notification. The notification must be in writing and include the following information:
(1) Name,address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;and
(3) Brief description of the proposed project;the project's purpose;direct and indirect adverse
environmental effects the project would cause;and other NWP(s),regional general permit(s)or individual permit(s)
used or intended to be used to authorize any part of the proposed project or any related activity.
(4)The PCN must also include a delineation of affected special aquatic sites,including wetlands,
vegetated shallows(e.g., submerged aquatic vegetation,seagrass beds), and riffle and pool complexes(see
paragraph 13(f));
c. Form of Notification: The standard individual permit application form(Form ENG 4345)may be used as
the notification but must clearly indicate that it is a PCN and must include all the information required in b.(1)-(4)
of General Condition 13. A letter containing the requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity,the District Engineer will
determine whether the activity authorized by the NWP will result in more than minimal 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 PCN to expedite the process and the District Engineer will consider any
proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment 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 on the aquatic
environment are minimal,the District Engineer will notify the permittee and include any conditions the District
Engineer deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work.
If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN,the proposal
may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan
with the PCN,the District Engineer will expeditiously review the proposed compensatory mitigation plan. The
District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the
conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic
environment. If the net adverse effects of the project on the aquatic environment(after consideration of the
compensatory mitigation proposal)are determined by the District Engineer to be minimal,the District Engineer will
provide a timely written response to the applicant stating that the project can proceed under the terms and conditions

of the nationwide permit.
If the District Engineer determines that the adverse effects of the proposed work are more.than minimal,then
he will notify the applicant either:
(1)that the project does not qualify for authorization under the NWP and instruct the applicant on the
procedures to seek authorization under an individual permit;
(2)that the project is authorized under the NWP subject to the applicant's submission of a mitigation
proposal that would reduce the adverse effects on the aquatic environment to the minimal level;or
(3)that the project is authorized under the NWP with specific modifications or conditions. Where the
District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on
the aquatic environment,the activity will be authorized within the 45-day PCN period,including the necessary
conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce
the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a
mitigation plan is required under item(2) above,no work in waters of the United States will occur until the District
Engineer has approved a specific mitigation plan.
e. Agency Coordination. The District Engineer will consider any comments from Federal and State agencies
concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater than'Y2 acre of
waters of the United States,the District Engineer will,upon receipt of a notification,provide immediately(e.g.,via
facsimile transmission, overnight mail,or other expeditious manner),a copy to the appropriate offices of the Fish
and Wildlife Service, State natural resource or water quality agency,EPA, State Historic Preservation Officer
(SHPO),and,if appropriate,the National Marine Fisheries Service. {With the exception of NWP 37)These
agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District
Engineer notice that they intend to provide substantive,site-specific comments. If so contacted by an agency,the
District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District
Engineer will fully consider agency comments received within the specified time frame,but will provide no
response to the resource agency,except as provided below. The District Engineer will indicate in the administrative
record associated with each notification that the resource agencies' concerns were considered. As required by
Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act,the District Engineer
will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish Habitat
conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to
expedite agency notification.
f. Wetlands Delineations. Wetland delineations must be prepared in accordance with the current method
required by the Corps. {For NWP 29 see paragraph (b)(9)(iii)for parcels less than %4 acre in size.) The permittee
may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation.
Furthermore,the 45-day period will not start until the wetland delineation has been completed and submitted to the
Corps,where appropriate.
g.For activities that may adversely affect Federally-listed endangered or threatened species,the PCN must
include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize
the designated critical habitat that may be affected by the proposed work.
h.For activities that may affect historic properties listed in, or eligible for listing in,the National Register of
Historic Places,the PCN must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
i.For NWP 12,where the proposed work involves discharges of dredged or fill into waters of the United States

•
resulting in permanent,above-grade fills within 100-year floodplains(as identified on FEMA's Flood Insurance
Rate Maps or FEMA-approved local floodplain maps),the notification must include documentation demonstrating
that the proposed work complies with the appropriate FEMA or FEMA-approved local floodplain construction
requirements.
j. For activities that may adversely affect Federally-listed endangered or threatened species,the PCN must
include the name(s)of those endangered or threatened species that may be affected by the proposed work or utilize
the designated critical habitat that may be affected by the proposed work.
k.For activities that may affect historic properties listed in, or eligible for listing in,the National Register of
Historic Places,the PCN must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
14. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps
will submit a signed certification regarding the completed work and any required mitigation. The certification will
be forwarded by the Corps with the authorization letter. The certification will include:
a. A statement that the authorized work was done in accordance with the Corps authorization,including any
general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the permit conditions;and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is
prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the
acreage limit of the NWP with the highest specified acreage limit. For example,if a road crossing over tidal waters
is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss
of waters of the United States for the total project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or
discharges of dredged or fill material,may occur in the proximity of a public water supply intake except where the
activity is for repair of the public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity,including structures and work in navigable waters of the United States or
discharges of dredged or fill material,may occur in areas of concentrated shellfish populations,unless the activity is
• directly related to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity,including structures and work in navigable waters of the United States or
discharges of dredged or fill material,may consist of unsuitable material(e.g.,trash,debris,car bodies, asphalt,etc.)
and material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section
307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of
the United States to the maximum extent practicable at the project site(i.e.,on site). Mitigation will be required
when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer
will consider the factors discussed below when determining the acceptability of appropriate and practicable
mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal
a. Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts requiring a PCN.
Consistent with National Policy,the District Engineer will establish a preference for restoration of wetlands to meet
the minimum compensatory mitigation ratio,with preservation used only in exceptional circumstances.
b. To be practicable,the mitigation must be available and capable of being done considering costs, existing

technology,and logistics in light of the overall project purposes. 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
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,preferably in the
same watershed;
c. The District Engineer will require restoration,creation, enhancement, or preservation of other aquatic
resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the
aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or
near streams or other open waters is the establishment and maintenance,to the maximum extent practicable,of
vegetated buffers next to open waters on the project site. The vegetated buffer should consist of native species. The
District Engineer will determine the appropriate width of the vegetated buffer and in which cases it will be required.
Normally,the vegetated buffer will be 25 to 50 feet wide on each side of the stream,but the District Engineer may
require wider vegetated buffers to address documented water quality concerns. If there are open waters on the
project site and the District Engineer requires compensatory mitigation for wetland impacts to ensure that the net
adverse effects on the aquatic environment are minimal,any vegetated buffer will comprise no more than 1/3 of the
remaining compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-
one acreage basis. In addition,compensatory mitigation must address adverse effects on wetland functions and
values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage
limits of some of the NWPs(e.g.,for NWP 39, '/acre of wetlands cannot be created to change a '/z acre loss of
wetlands to a'/4 acre loss;however, %z acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss
of wetlands). If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN,
the proposal may be either conceptual or detailed.
d. To the extent appropriate,permittees should consider mitigation banking and other appropriate forms of
compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset
losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic
environment are minimal,consolidated mitigation approaches,such as mitigation banks,will be the preferred
method of providing compensatory mitigation,unless the District Engineer determines that activity-specific
compensatory mitigation is more appropriate,based on which is best for the aquatic environment. These types of
mitigation are preferred because they involve larger blocks of protected aquatic environment,are more likely to
meet the mitigation goals,and are more easily checked for compliance. If a mitigation bank or other consolidated
mitigation approach is not available in the water shed,the District Engineer will consider other appropriate forms of
compensatory mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of
the authorized work on the aquatic environment are minimal.
20. Spawning Areas. Activities,including structures and work in navigable waters of the United States or
discharges of dredged or fill material,in spawning areas during spawning seasons must be avoided to the maximum
extent practicable. Activities that result in the physical destruction(e.g., excavate,fill,or smother downstream by
substantial turbidity)of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable,the activity must be designed to maintain
preconstruction downstream flow conditions(e.g.,location,capacity,and flow rates). Furthermore,the activity
must not permanently restrict or impede the passage of normal or expected high flows(unless the primary purpose
of the fill is to impound waters)and the structure or discharge of dredged or fill material must withstand expected
high flows. The activity must,to the maximum extent practicable,provide for retaining excess flows from the site,
provide for maintaining surface flow rates from the site similar to preconstruction conditions,and must not increase
water flows from the project site,relocate water,or redirect water flow beyond preconstruction conditions. In
addition,the activity must,to the maximum extent practicable,reduce adverse effects such as flooding or erosion
downstream and upstream of the project site,unless the activity is part of a larger system designed to manage water
flows.
22. Adverse Effects From Impoundments. If the activity,including structures and work in navigable waters of the
United States or discharge of dredged or fill material,creates an impoundment of water, adverse effects on the

•
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the
maximum extent practicable
23. Waterfowl Breeding Areas. Activities,including structures and work in navigable waters of the United States
or discharges of dredged or fill material,into breeding areas for migratory waterfowl must be avoided to the
maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas
returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,NOAA-designated marine sanctuaries,
National Estuarine Research Reserves,National Wild and Scenic Rivers, critical habitat for Federally listed
threatened and endangered species, coral reefs, State natural heritage sites, and outstanding national resource waters
or other waters officially designated by a State as having particular environmental or ecological significance and
identified by the District Engineer after notice and opportunity for public comment.
a. Except as noted below,discharges of dredged or fill material into waters of the United States are not
authorized by NWP 12 for any activity within,or directly affecting,critical resource waters,including wetlands
adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized
by the above NWP in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further,
such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered
species if the activity complies with General Condition 11 and the U.S.Fish and Wildlife Service or the National
Marine Fisheries Service has concurred in a determination of compliance with this condition.
26. Fills within 100-year floodplains. For purposes of this general condition, 100-year floodplains will be
identified through the Federal Emergency Management Agency's(FEMA)Flood Insurance Rate Mps or FEMA-
approved local floodplain maps.
a.Discharge Below Headwaters.Discharges of dredged or fill material into waters of the United States
resulting in permanent,above-grade fills within the 100-year floodplain at or below the point on a stream where the
average annual flow is five cubic feet per second(i.e., below headwaters),the prospective permittee must notify the
District Engineer in accordance with General Condition 13 and the notification must include documentation that any
permanent, above-grade fills in waters of the United States within the 100-year floodplain below headwaters comply
with FEMA or FEMA-approved local floodplain construction requirements.
b.Discharges in Headwaters(i.e., above the point on a stream where the average annual flow is five cubic feet
per second).
(1)Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in
permanent,above-grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by
NWPs 12,unless the prospective permittee notifies the District Engineer in accordance with General Condition 13.
The notification must include documentation that such discharges comply with FEMA or FEMA-approved local
floodplain construction requirements.
(2)Floodway. Discharges of dredged or fill material into waters of the United States resulting in
permanent,above-grade fills with the floodway of the 100-year floodplain of headwaters,the permittee must notify
the District Engineer in accordance with General Condition 13 and the notification must include documentation that
any permanent,above grade fills proposed in the floodway comply with FEMA or FEMA-approved local floodplain
construction requirements.
27. The permiee understands and agrees that,if future operations by the United States require the removal,
relocation,or other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the
Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers,to

remove,relocate, or alter the structural work or obstructions caused thereby,without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
STATE CONSISTENCY CONDITION
Consistency waived.
WATER QUALITY CERTIFICATIONS CONDITIONS
1.Activities covered by this General Certification do not require written concurrence from the Division of Water
Quality as long as they comply with all conditions of this General Certification and the conditions of Nationwide 12
or Regional Permit 198100049 as appropriate.Any condition in this Certification which the applicant believes
cannot be met requires an application and written concurrence from DWQ.Also,Condition No. 6 is applicable to all
streams in basins with riparian area protection rules;
2.In accordance with North Carolina General Statute Section 143-215.3D(e),any request for written concurrence
for a 401 Water Quality Certification must include the appropriate fee.If a project also requires a CAMA Permit,
one payment to both agencies shall be submitted and will be the higher of the two fees;
3.In accordance with 15A NCAC 2H.0506(h)compensatory mitigation may be required for stream and/or wetland
impacts.Streamside buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application.A determination of buffer,wetland and stream mitigation requirements shall be made by DWQ for any
Certification involving written concurrences including those for relevant Buffer Rules;
4.The edge of the construction corridor shall not be installed parallel to and closer than 10 feet(3 meters)to a
stream.Utility lines shall not cross a stream channel at other than a near-perpendicular direction(i.e.,stream
channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank);
5.Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000 USGS topographic
map or NRCS(SCS)County Soil Survey as permanent or intermittent shall be installed with no joints connected
within the footprint of a stream channel or within 2 feet of the stream banks. Otherwise,written concurrence from
DWQ is required;
6.Impacts to any stream length in the Neuse,Tar-Pamlico and Randleman River Basins requires written
concurrence from DWQ in accordance with 15A NCAC 2B.0233, 15A NCAC 2B .0259 and.0250 and 15A NCAC
2H.0500.New development activities located in the protected 50-foot wide riparian areas(whether jurisdictional
wetlands or not)within the Neuse,Tar-Pamlico and Randleman River Basins shall be limited to "uses"identified
within and constructed in accordance with 15A NCAC 2B .0233, 15A NCAC 2B .0259 and.0250.All new
development shall be located, designed,constructed,and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management practices.Activities listed as
"exempt"from these rules do not need to apply for written concurrence under this Certification;
7.Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until
the concrete has hardened;
8.Herbicides can be applied in wetlands or other waters only when applied by a certified applicator and in strict
accordance with product labeling;
9.Placement of riprap is restricted to the stream bottom and banks directly impacted by the placement of the utility
line.Riprap may only be used below the normal high water level.The stream berm must be restored to the original
contour after construction.Placement of rip rap or other materials shall not result in de-stabilization of the stream
bed or banks upstream of downstream of the crossing;

10.That 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"whichever is more appropriate(available from the Division of Land Resources(DLR)in
the DENR Regional or Central Offices)shall be in full compliance with all specifications governing the proper
design,installation and operation and maintenance of such Best Management Practices in order to assure
compliance with the appropriate turbidity water quality standard;
11.All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade
restored within two months after the Division of Land Resources has released the project;
12.Annual species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil
and erosion control.Perennials such as fescue are prohibited;
13.No fertilizer shall be applied within 10 feet(3 meters) of streams;
14.The construction corridor(including access roads and stockpiling of materials)is limited to 40 feet(12.2 meters)
in width in wetlands and across stream channels and must be minimized to the maximum extent practicable;
15.Permanent,maintained access corridors shall be restricted to the minimum width practicable and shall not
exceed 10 feet(3 meters)in width except at manhole locations.A 10 feet(3 meters)by 10 feet(3 meters)
perpendicular vehicle turnaround must be spaced at least 500 feet(152.4 meters)apart.Written concurrence is
required if the maintenance corridor is greater than 10 feet(3 meters)wide except that a maintenance corridor larger
than ten feet is acceptable for gas pipelines as long as mitigation is provided for additional wetland fills to the
maintenance corridor beyond those widths specified in this General Certification;
16.An anti-seep collar shall be placed at the downstream(utility line gradient)wetland boundary and every 150 feet
(45.7 meters)up the gradient until the utility exits the wetland for buried utility lines.Anti-seep collars may be
constructed with class B concrete,compacted clay,PVC pipe,or metal collars.Wetland crossings that are
directionally drilled,and perpendicular wetland crossings that are open cut and less than 150 feet(45.7 meters)long
do not require anti-seep collars.The compacted clay shall have a specific discharge of 1 X 10-5 cm/sec or less.A
section and plan view diagram is attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a. Minimum cement content,sacks per cubic yard with rounded course aggregate 5.0
b. Minimum cement content,sacks per cubic yard with angular course aggregate 5.5
•
c. Maximum water-cement ratio gallons per sack 6.8
d. Slump range 2"to 4"
e. Minimum strength-28 day psi 2,500
17.This General Certification does not authorize any permanent changes in pre-construction elevation contours in
waters or wetlands or stream dimension,pattern or profile.The permittee will have a specific plan for restoring
wetland contours.Any excess material will be removed to a high ground disposal area;
18.If an environmental document is required,this Certification is not valid until a Finding of No Significant Impact
(FONSI)or Record of Decision(ROD)is issued by the State Clearinghouse.All water quality-related conditions of
the FONSI or ROD shall become conditions of this Certification;
19.Stormwater management will not be required for this Certification as long as all other Conditions are met.

However,in the twenty coastal counties,the appropriate DWQ Regional Office must be contacted to determine if
Coastal Stormwater Regulations still apply;
20.Compensatory mitigation(i.e.,restoration, creation or preservation)for wetland losses will not be required for
this Certification if written concurrence is not needed;
21.Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts is acceptable when
compensatory mitigation is required as long as the Wetlands Restoration Program agrees in writing to accept this
payment.Other mitigation plans must receive written DWQ concurrence;
22.This Certification does not relieve the applicant of the responsibility to obtain all other required Federal,State or
local approvals;
23.Additional site-specific conditions may be added to projects for which written concurrence is required or
requested under this Certification in order to ensure compliance with all applicable water quality and effluent
standards;
24.Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the
date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide
Permit 12 or Regional Permit 198100049 whichever is sooner;
25.When written concurrence is required,the applicant is required to use the enclosed Certification of Completion
form to notify DWQ when all work included in the 401 Certification has been completed. Non-compliance with or
violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for
the project and may also result in criminal and/or civil penalties.
Regional Conditions
1. Measures will be taken to prevent live or fresh concrete,including bags of uncured concrete,from coming into
contact with waters of the United States until the concrete has hardened.
2. Pipeline/utility line construction through jurisdictional waters and wetlands will be accomplished utilizing
directional drilling/boring methods to the maximum extent practicable.
3. The temporary discharge of excavated or fill material in waters or wetlands will be for the absolute minimum
period of time necessary to accomplish the work. Temporary discharges will be fully contained with appropriate
erosion control/containment methods or otherwise such fills will consist of non-erodible materials.
4. The areas of waters of the U.S.that are disturbed will be limited to the minimum necessary to install the utility
line. The work area authorized by this permit,including temporary access roadways and permanent fills will be
minimized to the greatest extent practicable. Work corridors(i.e.cleared area)will generally not exceed forty(40)
feet unless specifically authorized by the District Engineer. Justification for increased corridor width will be based
on pipeline diameter and length,size of equipment required to construct the utility line, and other construction
information deemed necessary to support the request. The applicant is required to provide this information with the
initial notification package.
5. Temporary access roadways will not span more than one-half way across any waters or wetlands at any one time.
6. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of water
quality.
7. Cleared wetland areas will be revegetated to the maximum extent practicable with native species of canopy,
shrub,and herbaceous species. Fescue grass will not be utilized.

f
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: September 26,2001
Corps Regulatory Official:Angie Pennock Telephone No.:[phone]
Expiration Date of Verification: September 26,2003
SURVEY PLATS,FIELD SKETCH,WETLAND DELINEATION FORMS,PROJECT PLANS,ETC.,MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM,IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995

OF \N ATFR
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ii
`:A.4:1's� ?j SEP 19 2001 1)
acror�a� a "�C
DIVISION OF
COASTAL MANAGEMENT
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.armv.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the interne
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator(listed by county on the last page of this application).
Page 1 of 12

CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible,not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.armv.mil/wetlands/nwpfinalFedRegpdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of$200 is required. If either of these thresholds is exceeded, then a fee of$475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
CEIVE
SEP 19 2001
OF
DAB NI°NAGEMENT
Page 2 of 12 COAST

Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
1. Check all of the approval(s) requested for this project:
El Section 404 Permit
❑ Section 10 Permit
® 401 Water Quality Certification
❑ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII —Mitigation), check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name: City of Wilmington, Mary M. Gornto, City Manager
Mailing Address: P.O. Box 1810
Wilmington, NC 28402
Telephone Number: 910-341-7810 Fax Number: 910-341-5839
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:E-mail Address: b� ( \ �p\� E
O
SEp 19 2001
DIVISION OF
-3 o4'tZ COASTAL MANAGEMENT

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Masonboro Sound Road Water& Sewer
2. T.I.P. Project Number(NCDOT Only): NA
3. Property Identification Number(Tax PIN): NA
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name(include phase/lot number): NA
Directions to site(include road numbers, landmarks, etc.):
Masonboro Sound Road between Cabbage Inlet Lane and Magnolia Drive
5. Site coordinates, if available(UTM or Lat/Long): 34-10/77-51
(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. Describe the existing land use or condition of the site at the time of this application:
Residential backyards
7. Property size (acres): NA
8. Nearest body of water(stream/river/sound/ocean/lake): Intracoastal Waterway
9. River Basin: Cape Fear
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at h ://h2o.enr.state.nc.us/ad ' a-s/. '',1
SEP 19 2001
Page4of12 DIVISION OF
COASTAL MANAGEMENT

•
•
10. Describe the purpose of the proposed work: Gravity Sewer Installation
11. List the type of equipment to be used to construct the project: Backhoe
12. Describe the land use in the vicinity of this project: Residential Development
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.
NA
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? 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
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 impac sf fitly for wetland or steam
mitigation, list and describe the impact in Section VIII below. rlf additional space is ive }for
listing or description, please attach a separate sheet.
SEP 1 S 2001
DIVISION OF
Page 5 of 12 COASTAL MANAGEMENT

1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
C-2 Utility Esmt 0.04 Yes 1200' Scrub- Shrub
* 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.)
List the total acreage (estimated) of existing wetlands on the property: 0.11 AC
Total area of wetland impact proposed: 0.04 AC
2. Stream Impacts, including all intermittent and perennial streams NA
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding),relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement 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 interne 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: None
-22/ .16.11. \Y J. 21n
SEP 1 ° 2001
r_.: ..jj
Page 6 of 12 DIVISION OF
COASTAL MANAGEMENT

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. None
Open Water Impact Area of Type of Waterbody
Name of Waterbody
Site Number Type of Impact* Impact (lake,pond,estuary, sound,
(indicate on map) (acres) (if applicable) bay,ocean,etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
4. Pond Creation None
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): n uplands n stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
To provide sewer to existing homes with established finish floor elevations it was necessary to
route the sewer main in the rear of the lot. The alignment was routed to avoid live oaks and
minimize impacts to established backyards. A sewer main was relocated to reduce wetland
impacts to one crossing.
1 :1121A Ci L i14' J Lit 7
shy 19Z001 ..,.j
DIVISION OF
Page 7 of 12 COASTAL MANAGEMENT

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/strmgide.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.
NA
RE .,viED
SEP IS 2001
COASTAL IM O AGEMENT
Page 8 of 12

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: NA
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 (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 M Categorical exclusion—minimum criteria
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 n NA
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please —entify NA )?
Yes No If you answered ",-provide the fgilgwing information:
S ?Page 9 of 12 DIVISIONOFCOASTALMANAGEM

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. NA
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* 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.
XI. Stormwater (DWQ Only)
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.
NA
XII. Sewage Disposal (DWQ Only)
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.
Elimination of septic tanks and drain fields and installation of a regional collection system for
treatment at public WWTP
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes (l No
Is this an after-the-fact permit application? E C I Y E
Yes ❑ No 7
SEr 1 3 2001
F
COAS AIL IMAONAGEMENT
Page 10 of 12

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Annexation legislation requires utility services to be available within a certain time frame
MU\C� Ci \ N\IYIkbN— c1-4 -v\_
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville,NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh,NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington,NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Fender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington,NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sams
Fax: [phone] Cumberland New Hanover Scot J C E it V
SEP1s2001 ED
Page 11 of 12 DIVISION OF
COASTAL MANAGEMENT

, `
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Fivers Island
Raleigh,NC 27636-3726 Asheville,NC 28801 Beaufort,NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh,NC 27699-1650 Raleigh,NC 27699-1619 Raleigh,NC 27699-4617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Fender
Raleigh,NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville,NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville,NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
3ECENED
SEP 1 S 2001
DIVISION OF
COASTAL MANAGEMENT
Page 12 of 12

Office Use Only: 01139
1 Form Version April 2001
1
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
❑ Section 10 Permit
® 401 Water Quality Certification
❑ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: Z.
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII — Mitigation), check here: ❑
H. Applicant Information
1. Owner/Applicant Information
Name: City of Wilmington, Mary M. Gornto, City Manager
Mailing Address: P.O. Box 1810
Wilmington, NC 28402
Telephone Number: 910-341-7810 Fax Number: 910-341-5839
E-mail Address: Mary.Gorntonu ci.wilmington.nc.us
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
„- -�3 oP12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Masonboro Sound Road Water & Sewer
2. T.I.P. Project Number(NCDOT Only): NA
3. Property Identification Number(Tax PIN): NA
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):
Masonboro Sound Road between Cabbage Inlet Lane and Magnolia Drive
5. Site coordinates, if available (UTM or Lat/Long): 34-10/77-51
(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. Describe the existing land use or condition of the site at the time of this application:
Residential backyards
7. Property size (acres): NA
8. Nearest body of water(stream/river/sound/ocean/lake): Intracoastal Waterway
9. River Basin: Cape Fear
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12

•
10. Describe the purpose of the proposed work: Gravity Sewer Installation
11. List the type of equipment to be used to construct the project: Backhoe
12. Describe the land use in the vicinity of this project: Residential Development
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.
NA
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? 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
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.
Page 5 of 12

•
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
C-2 Utility Esmt 0.04 Yes 1200' Scrub-Shrub
* 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.)
List the total acreage (estimated) of existing wetlands on the property: 0.11 AC
Total area of wetland impact proposed: 0.04 AC
2. Stream Impacts, including all intermittent and perennial streams NA
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
* List each impact separately and identify temporary impacts. Impacts include,but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding),relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement 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 interne 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: None
Page 6 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. None
Open Water Impact Area of Type of Waterbody
Name of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake,pond, estuary,sound,
(indicate on map) (acres) bay,ocean,etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding,drainage,bulkheads,etc.
4. Pond Creation None
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 El stream n wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce iripacts.
To provide sewer to existing homes with established finish floor elevations it was necessary to
route the sewer main in the rear of the lot. The alignment was routed to avoid live oaks and
minimize impacts to established backyards. A sewer main was relocated to reduce wetland
impacts to one crossing.
Page 7 of 12.

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/strmgide.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.
NA
Page 8 of 12

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements.. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: NA
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 (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 Categorical exclusion—minimum criteria
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 NA
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify NA )?
Yes No If you answered"yes",provide the following information:
Page 9of12.

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. NA
Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total
* 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.
XI. Stormwater (DWQ Only)
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.
NA
XII. Sewage Disposal (DWQ Only)
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.
Elimination of septic tanks and drain fields and installation of a regional collection system for
treatment at public WWTP
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes El No ® .
Is this an after-the-fact permit application?
Yes ❑ No
Page 10 of 12

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Annexation legislation requires utility services to be available within a certain time frame
IN\(\R rADIA G' ‘ N\An ikhji---
Applicant/Agent's Signature \ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville,NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone:[phone] Caldwell Haywood McDowell Swain
Fax:[phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh,NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington,NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone:[phone] Chowan Hertford Pasquotank
Fax:[phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington,NC 28402-1890 Carteret Montgomery Robeson
Telephone:[phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Page 11 of 12

a P .
US Fish and Wildlife Service/National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh,NC 27636-3726 Asheville,NC 28801 Beaufort,NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh,NC 27699-1650 Raleigh,NC 27699-1619 Raleigh,NC 27699-4617
Telephone: [phone] Telephone: [phone] Telephone:[phone]
Fax: [phone] Fax: [phone] Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Berne Craven Hyde Pender
Raleigh,NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville,NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn.Expressway Cherokee Jackson Rutherford
Waynesville,NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12:

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01139 �
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the interne
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contacaP mopriate NCWRC
regional coordinator(listed by county on the last page of this application). R civr
�CE/VFB
Page 1 of 12

CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of$200 is required. If either of these thresholds is exceeded, then a fee of$475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12

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