19980246 Ver 1_Complete File_19980526

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
am% MOM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 26, 1998
Craven County
DWQProject # 980246
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River
Buffer Rules
John Doughty
Weyerhaeuser Real Estate
101 Middle Street
New Bern, NC 28560
Dear Mr. Doughty:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.04 acres of wetlands or waters for the purpose of constructing an entrance road for a subdivision
(Craven "Long Creek Tract", as you described in your application dated March 20, 1998 and revised on May 5,
1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 when the Corps
of Engineers issues it. This approval is also valid for the Neuse River buffer rule`s (15A NCAC 2B .033). In
addition, you should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application.. If the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or
in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands
and waters to restrict future wetland and/or water impact. These notifications shall also be placed on areas
within 50 feet of the mean high water (MHW) line once it is located. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
John Dorney
Central Files
Paul Farley, Land Management Group
oncre,ow i d, Jr. E.
980246.1tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
Weyerhaeuser
Real Estate Company
May 5, 1998
Mr. John Dorney
NCDENR
4401 Reedy Creek Rd.
Raleigh, NC 27626-0535
Dear John:
P.O. Box 1391
New Bern, NC 28563-1391
Tel [phone] Weyerhaeuser
JEWEMs
At the request of DWQ, Weyerhaeuser Real Estate Company is currently doing the
surveying work necessary to determine where MHW is located on our property located on
Long Creek in Craven County. We have requested a 401 Certification and would
appreciate it if this process could proceed. The homesites on this property are very deep
and the location of the buffer will not affect the buildability of the homesites.
The permit to fill 0.04 acres of wetlands was required because of the DOT requirement to
align an intersection; otherwise, we could have avoided all wetlands. We will show all
wetlands on our plat and will impose covenants on the lots prohibiting filling of wetlands.
Enclosed is a copy of the proposed plat.
Please give me a call if you need any further information. Thank you for your
consideration.
Sincerely,
John Doughty
Cc: Mr. Ken Kirkman w/o attachment
Mr. Roger Thorpe w/o attachment
Ms. Deborah Sawyer w/o attachment
I.
company and would call her back later. To date, Ms. Sawyer has not received any information,
verbal or written, from the Weyerhaeuser Real Estate Company.
This office is requesting of the Weyerhaeuser Real Estate Company to submit within 30 days the
surveyed mean high water line for the site. This is defined as "an engineered mark at the average
height of the high water recorded at a given place over a 19-year period." The historical data for
coastal MHW levels at the Duke Marine Laboratory will be satisfactory for determining MHW of
this site. This data can be accessed on the NOAA homepage at the following:
http://www.opsd.nos.noaa.aov/gloss m.html
This office is requesting this information to determine if the Rule applies to this site and if so, if a
violation has already occurred.
If you have any questions or comments, please call this office at [phone]. Thank you.
Sincerely,
Roger K. Thorpe, P.E.
Water Quality Supervisor
cc: Beth McGee, Water Quality Planning
,Bre"nnis Ramsey, Compliance and Enforcement
Ted Tyndall, Division of Coastal Management
DebraYarbrouah, Craven County Health Department
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
17kW,J
IT 1 ? •
A A
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 13, 1998
DWQ Project # 980246
Craven County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ed Mitchell
Weyerhaeuser Real Estate
101 Middle Street
New Bern NC 28560
Dear Mr. Mitchell:
The Division of Water Quality has reviewed your plans for the discharge of fill material into streams and/or
wetlands located at Craven 45 "Long Creek Tract" in Craven County for residential development. Based on this
review, we have identified issues concerning the Neuse River buffer rules which will need to be addressed. Therefore,
unless modifications of the proposal are made as described below, we will have to move toward denial of your 401
Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive
this additional information. Until we receive additional information, we are requesting (by copy of this letter) that the
U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can
you construct your residential development without cutting trees within 50 feet of the mean high water line as required
by the Neuse River buffer rules (15A NCAC 2B .0233)? Also deed notifications or conservation easements will need
to be placed on wetlands on these lots to prevent future fill. Any documentation such as maps and narrative that you
can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Also
this project will require compensatory mitigation as described in 15A NCAC 2H.0506(h).
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Ms. Deborah Sawyer, Washington Regional Office at 1424 Carolina Avenue, Washington NC 27889. If we do
not hear from you in two weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. I can be reached at 919-733-1786 if you have any questions.
ey
irt'e R. Dorn
Quality Certifi tiorrograrn
cc: Washington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Dorney
Washington Field Office Corps of Engineers
Paul Farley; Land Management Group
980246.nty
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Eric -F
From: Deborah Sawyer [[e-mail]]
Sent: Tuesday, April 07, 1998 7:43 AM
To: [e-mail]
Cc: n1 ew507 @ dem.ehnr. state. nc. us; [e-mail];
[e-mail]
Subject: Wey. Proj. on Long Creek, Proj. #98 0246
Eric,
HOLD above subject project. I have been on site and some trees have
been cut adjacent to the Juncus marsh. WaRO has sent a letter to the
company requesting that they perform a surveyed MHW to see where the
line is (they surveyed the waterward side of the marsh on
vegetation). Until they do the survey, we don't know if they are in
violation of the NRB Rules. If they refuse to perform the survey, the
DENR coastal survey group out of Morehead City will be requested to
do it and we may have to do an enforcement action. I have an
appointment with John Dowdy of the company tomorrow at 1:00pm.
Hopefully we can come to a compromise. Thanks.
Deborah
96zd a&.e.zt 5WMA, inc.
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VdmM tm, ../Yoga %rakm 28402
Td. 990-452-0001
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March 20, 1998
Mr. John Dorney
NC Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Dear John:
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I have enclosed a NWP 18 application by Weyerhaeuser Real Estate to impact
approximately 0.04 acres of wetlands on the Craven 45 "Long Creek Tract' in Craven
County. Bill Biddlecome has informed me that the project does not meet standards for
a NWP 26 and that a NWP is needed. Fill is necessary to complete an entry road for a
new subdivision. The North Carolina Department of Transportation is requiring that the
entry road be opposite an existing road on the opposite side of Adams Creek Road. No
other wetland fill is necessary to complete the project.
Thank you for your assistance in this matter. Please contact myself or Rob Moul
if you have questions.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: Mr. Bill Biddlecome, COE
Mr. Ed Mitchell, Weyerhaeuser Real Estate
Ms. Renee Gledhill-Early, S.H.P.O.
NC Division of Coastal Management
National Marine Fisheries Service

1)802 4:.
DHH 10' CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT: 18
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
,f
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD
BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES
SHEET). PLEASE PRINT.
1. OWNERS NAME: Weyerhaeuser Real Estate attn: Ed Mitchell
2. MAILING ADDRESS: 101 Middle Street
New Bern NC 28560
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Progeny is located south of Adams Creek Road and immediately east of
Lon Creek in Craven Counly, NC
3. TELEPHONE NUMBER (HOME)
(WORK) : 1-800-622-6297
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Rob Moul or Paul Farley Land Management Groua P.O. Box 2522. Wilmington,
NC 28402, 910-452-0001
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Craven NEAREST TOWN OR CITY: Havelock
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
See Question #1
6. IMPACTED OR NEAREST STREAM/RIVER: Long Creek RIVER BASIN: Neuse
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (OR", WATER SUPPLY
(WS-I OR WS-II)? YES [ ] NO [x ] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? unable to
determine
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS
PERMIT AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
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FUTURE? YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 130
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
20
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.04 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.04
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACHED PLANS: 8 %" X 11" DRAWINGS ONLY):
Project will allow for the completion of a road to complete subdivision. All work will be designed
and completed to NC D.O.T. specifications
13. PURPOSE OF PROPOSED WORK: To complete an entry road to subdivision
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
NC DOT requires that entry road be opposite an existing road on the opposite side of Adams Creek
Road. With this constraint, it is impossible to design road to specifications and avoid wetland impacts.
No other fill is requested.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT
MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
No longer contact F&WS per their request: mailed application to NMFS on 3/20/98
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE'PROPOSED PROJECT.
DATE CONTACTED: Mailed application 3/20/98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES[ ] NO [x] (IF NO, GO TO 18)
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,29 AND 38).
ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR
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THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Forest!y
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
On-site septic systems designed to meet county and state specifications
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT
WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
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WNER'S/AGENTS SIGNATURE -'DATE
Paul M. Farley
Land Managment Group, Inc.
(AGENTS SIGNATURE VALID
ONLY IF AUTHORIZATION LETTER
FROM THE OWNER IS PROVIDED
(189•))

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SCALE 1" = 2000'
Weyerhaeuser Real Estate
Craven 45/1-ong Creek Tract
Craven County, NC
LAND MANAGEMENT
GROUP, INC
March 2, 1998
NWP 26 Notification
TopoNicinity Map
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1000 2000 4000
SCALE 1" = 2000'
Weyerhaeuser Real Estate
Craven 4511-ong Creek Tract
Craven County, NC
LAND MANAGEMENT
GROUP, INC
March 3, 1998
NWP 26 Notification
N.R.C.S. Soils Map

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Proiect/Site- Craven 45 - Lona Creek Tract
Pace 2 of 2
Map Unit Name
Series and Phase): State Drainage Class:
Field Observations
Taxonomy (Subgroup): Typic hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure etc.
0-7 A 10YR 311 mucky sand
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils
Sutfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
Mapped as either State or Lafitte series but does not resemble either,
WETLAND DETERMINATION
Hydrophytic Vegetation Present? yes/ No (Circle)
Wetland Hydrology Present? QYD? No
Hydric Soils Present? Ye No Is this Sampling Point Within a Wetla Ye
:marks:
Wetland/upland boundary marked with pink and black ribbons
Longitude 76 43' 18"
Latitude 34 55'48"
,r
(Circle)
No
Weyerhauser Real Estate Co.
101 Middle Street
New Bem, NC 28560
attn: John Wehrenberg
Land Management Group, Inc.
Post Office Box 2522
Wilmington, N.C 28402
910-452-0001
LAND MANAUEM&N / UHUUI', IN(;.
DATA FORM
R RQUTINE WETLAND DETERMINATION
(,1987 COE Wetlands Delineation Manual

Project/Site: Craven 45 - Long Creek Tract
Appricant/Owner. Weyerhaeuser Real Estate
Investigator. Paul Farley
c) Normal Circumstances exist on the site? es No
the site significantly disturbed (Atypical Situation)?
the area a potential Problem Area? Yes
needed, explain on reverse.)
Date: January 23,1998
County: Craven
State. North Carolina
Community ID: upland
TransectID:
Plot ID:
VEGETATION -
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
Liquidambar styraciflua Tree FAC+ 9.
Pinus taeda Tree FAC 10.
Acerrubrum Shrub FAC 11.
Liquidambarstyraciflua Shrub FAC+ 12.
Pinus faeda Shrub FAC 13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC.) 100%
Remarks:
Area has had recent residential logging cut
HYDROLOGY
Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks): Primary Indicators
Stream,Lake, or Tide Gauge Inundated
Aerial Photographs Saturated in Upper 12 Inches
_Other Water Marks
x No Recorded Data Available Drift Lines
_
_ Sediment Deposits
_ Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 inches
Depth of Surface Water. 0 (in.) _Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: >12 (in.) _ FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Sol: >12 (in.)
Remarks:
No hydrology indicators
i ,
SOILS
Prniect/Situ Craven AS - I inn Creek Trait
pang 7 of 7
Map Unit Name
Series and Phase): Altavista Drainage Class:
Feld Observations
Taxonomy (Subgroup): Aquic Hapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure etc.
0-10 A 10YR 5/3 sand
10-15 B 10YR 5/4 sandy loam
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor -Organic Streaking in Sandy Soils
_ Aquic Moisture Regime -Listed on Local Hydric Soils List
_ Reducing Conditions Listed on National Hydric Soils List
_ Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
,
Non-hydric soil
WETLAND DETERMINATION
Hydrophytic Vegetation Present? (Circle) (Circle)
Wetland Hydrology Present? Yes N
Hydric Soils Present? Yes o Is this Sampling Point Within a Wetla c Yes No
Remarks:
Wetiand/upland boundary marked with pink and black ribbons
Longitude 76 43' 18"
Latitude 34 55'48!'
Weyerhauser Real Estate Co.
101 Middle Street
New Bern, NC 28560
attn: John Wehrenberg
Land Management Group, Inc.
Post Office Box 2522
Wilmington, N.C 28402
910452-0001