20072046 Ver 1_More Info Received_20081219

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
TO: Mr. Chad Coburn
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
December 17, 2008
RE: Additional Information for the Nationwide Permit 29 Application
Brunswick Forest Subdivision; Brunswick County, NC
DWQ# 07-2046
Dear Chad:
k[Ek ? R odrR ?
DEC 1 9 2006
DENR - WATER QUAUTY
WETLANDS AND STORMWATER BRANCH
Thank you for your letter dated December 15, 2008 in which you request additional information for the 401
Water Quality Certification application submitted for the Brunswick Forest Subdivision project. Below is a
response to each of your comments.
1. The acceptance letter from NCEEP expired on October 15, 2008. Please submit a new acceptance letter
from NCEEP.
Enclosed is the new acceptance letter from NCEEP that accepts payment for stream restoration. Please note that
the applicant now plans to buy into the NCEEP to mitigate for proposed wetland impacts as well and has
recently submitted a new request to NCEEP for these impacts.
2. Please submit the most recent copy of the Pre-Construction Notification application to reflect any revisions
or any other changes.
Enclosed is the most recent PCN form that includes new revisions regarding mitigation.
I hope this response adequately addresses your concerns. Please contact me if you have any additional
questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl
C: Mr. Jeff Earp, Funston Land and Timber, LLC
Mr. Fleming Gibson, Funston Land and Timber, LLC
Mr. Greg Wayne, Hanover Design
Mr. Joe Taylor, Murchison, Taylor, and Gibson
Mr. Ian McMillan, DWQ
Ms. Kim Garvey, ACOE
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
Y
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29, GC 3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information D
1. Owner/Applicant Information DEC 19 2008
Name: Funston Land and Timber LLC
Mailing Address: c/o Mr. Jeff Ea pENR'WA7E 1V%BRNO
1007 Evangeline Drive V&TLAAUZ
Leland, NC 28451
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant 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: Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: PO Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliams a,lmgroup. net
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
Updated 11/1/2005
Page 5 of 12
Y'
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 inforination 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 snaps are provided.
1. Name of project: Brunswick Forest Subdivision, Phases 3 & 5
T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN):
4. Location
219500647946
County: Brunswick Nearest Town: Leland
Subdivision name (include phase/lot number): Brunswick Forest; Phases 3 & 5
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take
17 S into Brunswick County. Site is located directly off of 17S on left (see vicinity map).
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.1844 ON 78.0482 °W
6. Property size (acres): Total tract: 4290 ac Phase 3: 471.8 ac Phase 5: 198 ac
7. Name of nearest receiving body of water
8. River Basin: Cane Fear
Town Creek
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.cnr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Phases 1 and 2 have already been partially developed and
contain residential homes. Other phases contain old dirt loge roads but are otherwise
undeveloped. Adjacent land use is residential, commercial or forested.
10. Describe the overall project in detail, including the type of equipment to be used: Phase 3 of
this residential subdivision will contain 193 single-family lots and a golf course. Phase 5 will
contain 323 single-family lots. The subdivision will tie in to the existing sewer system via
developer installed sewer lines. A stoi-mwater plan and erosion control plan are being
developed. Sediment and erosion shall be minimized with the use of silt fencing
Updated 11/1/2005
Page 6 of 12
11. Explain the purpose of the proposed work: Purpose of the proposed work is to provide
access to uplands located throughout the subdivision.
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. There is a previously signed Notification of Jurisdictional Determination
signed by Mr. Allen Davis of the US Army Corps of Engineers dated 9/10/2001 (IP RealtY
Corporation Brunswick Forest) This determination has expired and the delineation has been
revised in areas. LMG recently submitted a revised wetland survey to Jennifer Frye. In 2005, the
applicant notified the Corps of 1000 sf of Waters of the U.S. impact for two road crossings.
These crossings have been constructed and it was determined that actual impacts were 4300 sf.
In addition, two old culverts were replaced with bottomless culverts in 2006. Impacts were
temporary and no permit was obtained. Finally, the applicant has received a CAMA Mao
permit associated with a beach club in Oak Island.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The applicant may have future wetland impacts in later phases of residential development, but
land planning for these phases has not yet been completed. Any future wetland or stream impacts
will be considered to be cumulative and will be applied for through the Corps and DWQ
accordingly.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed road crossings will
impact 0.228 ac of wetlands and 262 LF of stream. The applicant has already impacted 0.1
acre of Waters of the U.S.
Updated 11/ 1/2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
2 Fill/Culvert for
Road Crossing Forested Wetland (Phase 3) No adjacent 0.019
3 Fill/Culvert for Forested Wetland/Ephemeral No adjacent 0
045
Road Crossing Stream (Phase 3) .
4 Fill/Culvert for
Road Crossing Forested Wetland (Phase 3) No adjacent 0.096
5 Fill/Culvert for
Existing Road Crossing Forested Wetland (Phase 5) No adjacent 0.028
6 Fill/Culvert for
Existing Road Crossing Forested Wetland (Phase 5) No 2000 0.040
Total Wetland Impact (acres) 0.228
3. List the total acreage (estimated) of all existing wetlands on the property: 1200 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate ncrenoe_ mnltinly length X width then rlivirla 1,x, 11 stirs
Stream Impact v Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
I Mallory Creek Fill/Culvert for Perennial 8' 105 0
019
Existing Road Crossing .
2 UT to Mallory Fill/Culvert for Intennittent 5' 63 0
007
Creek Road Crossing .
4 UT to Mallory Fill/Culvert for '

Creek
Road Crossing Perennial 5 62 0.007
5 UT to Mallory Fill/Culvert for Perennial 8' 32 0
006
Creek Existing Road Crossing .
Total Stream Impact (by length and acreage) 262 0.039
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation. dredging- flncdinu drainage h„lkhenrlc Pto
Open Water Impact
Site Number

(indicate on map) _
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

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

Impact
(acres)
N/A

Total Open Water Impact (acres) N/A
Updated I1/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0.039
Wetland Impact (acres): 0.228
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.367
Total Stream Impact (linear feet): 262
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation of uplands
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond: undeveloped
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. Wetland impacts were minimized
to the maximum extent practicable. However, several wetland fingers extend the entire lenLyth of the
property and some impact could not be avoided. The applicant will use retaining walls and will decrease
road widths at the impact areas to minimize impacts. Furthermore roads were designed in the footprint of
existing roads where possible to reduce overall impacts No wetland impact from lot fill is proposed.
Please note that the applicant has reduced impacts from the original submittal.
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.
Updated 11/1/2005
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.litin1.
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.
The applicant will buy into the EEP for the restoration of 262 linear feet of stream and 0.328 acre of
wetlands within the Cape Fear River Basin. There are currently no private banks within this
watershed In addition the applicant proposes to preserve remaining wetlands located on individual
lots within Phases 3 and 5 They are in the process of developing a draft wetlands preservation map
and document The applicant also agrees that wetlands located on individual lots in future phases will
be preserved prior to being sold Furthermore approximately 126 acres of wetlands 11 acres of
uplands and 777 LF of stream within the tract will be preserved using restrictive covenants (see
map) Remaining; wetlands on site cannot be preserved at this time for several reasons. They are either
under hydrological study, are located in future phases of development where precise impact locations
have not yet been determined or are in areas that the applicant is planning to deed to third parties
(NC State University and the NC Coastal Land Trust) for research/conservation purposes.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wtp/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 262
Amount of buffer mitigation requested (square feet): N/A
Updated 11/1/2005
Page 10 of 12
Amount of Riparian wetland mitigation requested (acres): 0.188
Amount of Non-riparian wetland mitigation requested (acres): 0.14
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edbc of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
Updated 11/1/2005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. There are several dirt roads within Phases 3 and 5. Proposed impervious cover will
include the roadways 516 homes and associated driveway. Phase 3 will have +/- 46 ac of impervious
cover, or 10% of the phase. Phase 5 will have +/- 52 acres of impervious cover, or 26% of the phase. A
stormwater plan is being developed by the project engineer.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will tie into existing= sewer services provided by the Town of Leland. Sewer lines will be
installed by the developer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
project will not provide connections or utilities to other tracts. Remaining wetlands within Phases 3 and 5
will be preserved. Additional impacts may occur in future phases (road crossings) and will be considered
cumulative. However, these phases have not been planned and impacts cannot be assessed at this time.
XV. 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).
a
12 h --1- /0 ?
Applicant/Agent's Signature Dale
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
1--
os,stem l
_ hnaI em
PROGRAM
October 23, 2008
Mr. Fleming Gibson
Funston Land and Timber, LLC
1007 Evangeline Drive
Leland, NC 28451 Expiration of Acceptance: July 23, 2009
Project: Brunswick Forest Subdivision; Phases 3 & 5 County: Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also co=lt' with all other state federal or local
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/LAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030005 0 0 262 0 0 0 0 0
Credits Cape Fear 03030005 0 0 524 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone] or Kelly Williams at
[phone].
Sincerely,
Willia . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
Kim Williams, agent
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net