19990654 Ver 1_COMPLETE FILE_19990621

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
ILT?WAA
4 •
WOW
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 28, 1999
Montgomery County
DWQ Project # 990654
APPROVAL of 401 Water Quality Certification
KEJ Marketing, Inc
26431 Highway 8
Denton, NC 27239
Dear Sirs:
You have our approval, in accordance with the attached conditions, for the purpose of a residential development, as
you described in your application dated June 21, 1999. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3108. This Certification allows you to use National Permit
Number 26 when the Corps of Engineers issues it. 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. Also 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. If you change your
project, you must notify us and 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). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
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.
Sincerely,
tevens +
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files 990654.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
EcoScience Corporation
Mr. John Dorney
June 21, 1999
Page 2
An initial 260-acre Heron Bay development area (Figure 2) was developed in 1995. Due to the healthy
market for residential real estate in the region, an approximately 102-acre extension to Heron Bay was
developed in 1998 (Figure 2). Jurisdictional areas within the extension area were delineated in July 1998
and inspected by Mr. Allen on August 4, 1998. A completed COE General Permit verification form is
attached as Exhibit A. The approximate locations of jurisdictional areas are depicted by Figure 4. A
set of survey plats of this delineation was signed by Mr. Allen on October 3, 1998 (see attached Exhibit
B). Jurisdictional impacts associated with the extension area are limited to two intermittent stream
crossings (designated Crossings A and B in Figure 4 and Exhibit B) and no vegetated wetlands. Both
crossings consist of a culvert under the residential access road, Whisper Lake Drive. Sheet 2 of 5 of
Exhibit B indicates that the eastern crossing (Crossing A) impacts approximately 42 ' near feet or 0.011
acre of intermittent stream, d Sheet 4 of 5 of Exhibit B indicates that the western crossing (Crossing
B) impacts approximately 2 linear feet or 0.024 acre of intermittent stream. This survey includes in-
stream storm water retention basins at each end of both culverts as jurisdictional impacts. Since
completion of the survey, the developer has removed the four in-stream storm water retention basins,
returned the stream beds to original contours, and constructed storm water structures adjacent to the
streams. This mitigation effort has reduced impacts at Crossing A by one-fourth to 106 linear feet or
0.008 acre and impacts at Crossing B by one-third to 84 linear feet or 0.016 acre. So total impacts within
the extension area are limited to two crossings of intermittent streams, each under 150 linear feet, and
a total of 0.024 acre of jurisdictional areas.
A cross-section indicating typical construction of each stream crossing is provided in Figure 4. The
primary factor determining linear distance of stream impacts at each crossing is the original ground
slope. Stream flows pass under each crossing through a reinforced concrete pipe. The entrance and exit
of each pipe is established at grade in the original stream channel. Sediment and erosion control
measures utilized comply with guidelines provided in Erosion and Sediment Control Planning and
Design Manual (NCDEHNR 1993).
The property is under development by a Charlotte-based company called KEJ Marketing, Inc. My
contact with KEJ Marketing is Ms. Sandra R. Steed, who works for a subsidiary of KEJ Marketing called
Waterfront Properties. The permittee should be designated KEJ Marketing, Inc./Waterfront Properties
and the contact address and phone are as follows:
KEJ Marketing, Inc./Waterfront Properties
26431 Highway 8
Denton, NC 27239
Phone: [phone]
Fax: [phone]
Contact: Ms. Sandra R. Steed
612 Wade Avenue Suite 200 Raleigh, NC 27605 Telephone: [phone] Fax: [phone]
EcoScience
i?
June 21, 1999
c N in"?ln
John Dorney q p l?r? ?a
N.C. Division of Water Quality ,tee y o
4401 Reedy Creek Road I if-INMENT
Raleigh, North Carolina 27607 RECEIVED
Re: Section 401 Water Quality Certification for Impacts Associated with 98-023
the Heron Bay Residential Development Adjacent to Badin Lake,
Montgomery County, NC
Dear John:
The purpose of this letter is to request a Section 401 water quality certification for impacts at a
residential development referred to as Heron Bay on Badin Lake (Narrows Reservoir) in Montgomery
County, NC. Impacts to jurisdictional areas have occurred through the installation of culverts and fill
at two access road crossings, for a total of 190 linear feet (0.024 acre) of impact. These two crossings
were constructed in 1998. Mr. Allen Davis, of the U.S. Army Corps of Engineers has authorized these
impacts under Nationwide Permit #26 pending receipt of a Section 401 water quality certification. These
two crossings are considered to be separate projects as the crossings occur over streams that are not
connected. It is assumed that this action will considered by the N.C. Division of Water Quality (DWQ)
to require a "Major Water Quality Certification", and as such requires a fee payment of $475.00.
Please find the following items attached to this letter:
• A check made payable to the DWQ for $475.00
• Figure 1, depicting the project area vicinity
• Figure 2, location of the project area
• Figure 3, project area lot configuration and jurisdictional area locations
• Figure 4, a typical cross-section of an impacted stream crossing
• Exhibit A, U.S. Army Corps of Engineers General Permit Verification
• Exhibit B, approved jurisdictional area delineation of the extension area.
The approximately 362-acre Heron Bay residential development is situated adjacent to the north shore
of Badin Lake (Narrows Reservoir) in Montgomery County, NC. The development property is located
approximately 3.0 miles south of the southern intersection of N.C. Highway 49 and N.C. Highway 8 off
of Lanes Chapel Road. (Figure 1).
EcoScience Corporation
Mr. John Dorney
June 21, 1999
Page 3
Please call me if you have any questions or need further information. Thank you for your assistance with
this project.
Yours truly,
ECOSCIENCE CORPORATION
A9
Sandy Smith
Senior Project Manager
Attachments

401 ISSUE!"
DEM ID: CORPS ACTION ID: 199801942
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26
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
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 WATER QUALITY (SEE AGENCY
ADDRESSES SHEET). PLEASE PRINT
1. OWNERS NAME: KEJ Marketing Inc. / Waterfront Properties
2. MAILING ADDRESS: 26431 Highway 8
SUBDIVISION NAME: Heron Bay
CITY: Denton STATE: North Carolina ZIP CODE: 27239
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Headwaters of Badin Lake (Narrows Reservoir) in Montcomery
County, south of SR 1162 on north shore of Badin Lake.
3. TELEPHONE NUMBER (HOME):
WORK: 800-952-5379
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Ms. Sandra R. Steed c% owner's name and address as listed above
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Montgomery NEAREST TOWN OR CITY: Denton
See attached Figures 1 and 2
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Heron Bay is
located on the north shore of Badin Lake, near the mouth of Garr Creek. The nearest access
road is SR 1162.
6. IMPACTED OR NEAREST STREAM/RIVER: - two unnamed tributaries to Badin Lake
RIVER BASIN: Yadkin-Pee Dee
7a. IS THE PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-11)? 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?
8a. HAVE ANY SECTION .404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES X NO - IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): see attached -general permit verification
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES X NO _ IF YES, DESCRIBE ANTICIPATED WORK: Application to
install a boat ramp and piers under U. S. Army Engineers General Permit # 198200030.
9a. ESTIMATED TOTAL NUMBER OF ACRES ON TRACT OF LAND: 102
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1. 1
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.02 EXCAVATION:
FLOODING: OTHER:
DRAINAGE:
TOTAL ACRES TO BE IMPACTED: 0.02
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATIOM:
LENGTH BEFORE: 2900 FT AFTER: 2710 FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: no change in stream channels outside of crossings FT
AVERAGE DEPTH BEFORE: Intermittent FT AFTER:. Intermittent FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION:
CHANNEL EXCAVATION:
PLACEMENT OF PIPE IN CHANNEL: X
CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 %z" X 11 " DRAWINGS ONLY):
see attached text
13. PURPOSE OF PROPOSED WORK: see attached text
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED.OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
See attached text
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: _
Not required (ATTACH RESPONSES FROM THESE AGENCIES.)
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: Not required
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)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT?
YES _ NO
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES _ NO _
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO Ms. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone]
IS. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROP06FD ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WL (LANDS,
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, 1 AKES,
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18. 21 .26, 29.
AND 38). ALL S T REAMS (INTERMITTENT AND PERMANENT) ON THE. PROPERTY MUST SE
SHOWN JN THE MAP. MAP SCALES SHOULD BE 1 INCH EQUAI.S 50 FEET OR 1 INCH
EOUALS 100 rEET OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WFTLANDS TO BE
IMPAC rFD By PROJEC f .
c. IF DELINEATION WAS PEPFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEET S RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGFMENT P( AN IF REQUIPED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential clPLvLetjppment and
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Indiyi Lial se Tic systems for e5l-c home tner
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER. IF APPLICABLF.
NOTE: WCTLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF 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 PROGR4M.
OWNCR'S!AGENTS SIGNATURE
DINE
(AGFN1"S SIGNATURE VALID ONLY
IF AUTI IORIZATION LETTER FROM
T14F- OWNCR IS PROVIDED (18G.))
._. __ ....a .aoc : on aa_ Tn-unr
Block 10.
Two unnamed tributaries to Badin Lake will be impacted by the proposed action: construction
of a residential access road, Whisper Lake Drive_(See attached Exhibit A). The tributaries are
characterized by intermittent flow. Crossing A will impact approximately 106 linear feet (ft)
of a 3.5 ft wide stream (approximately 0.008 acre). Crossing B will impact approximately 84
linear ft of an 8 ft wide stream (approximately 0.016 acre). No jurisdictional wetlands will
be impacted by this project. The area of fill has been limited to the minimum necessary for
the actual crossing.
Block 12.
The proposed work in surface waters involves the construction of a culverted crossing at
each of two unnamed tributaries to Badin Lake using 24-inch reinforced concrete pipes. The
area around the pipes will be backfilled with soils from adjacent' uplands, and the pipes will
have a minimum of 4 ft of cover. The road surface will consist of two 10-ft, asphalt, travel
lanes and an 8-ft grassed shoulder on each side. Final fill slopes have been stabilized by a
maintained grass cover. The crossings have been designed to prevent the restriction of , and
to withstand, expected high flows, and to prevent the restriction of low flows and the
movement of aquatic organisms. The crossing conforms to guidelines outlined in the North
Carolina Sediment Control Planning and Design Manual. Appropriate sediment and erosion
control practices will,be implemented during construction. After construction, all sediment
and erosion control practices placed in wetlands or waters shall be removed and the natural
grade restored.
Block 13.
The proposed crossings will provide direct access to 52 lots within the Heron Bay Phase 10
development area.
Block 14.
Property owners will have to cross these two tributaries to reach their lots. The locations of
the stream crossings have been planned to avoid and minimize impacts to waters of the U.S.
Both crossings avoid vegetated wetlands in. the headwaters of these two tributaries and avoid
steep slope gradients in the lower reaches of these tributaries. Minimization of impacts has
been achieved through designing crossings perpendicular to the orientation of the tributaries.
Fill slopes will be stabilized with vegetation immediately upon completion and out-of-stream
sediment basins will be employed to protect downstream water quality.
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EXHIBIT A
U.S. ARMY CORPS OF ENGINEERS
GENERAL PERMIT VERIFICATION FORM
FEB-15-99 04:42 PM WATERFRONT PROPERTIES 910 859 5088 P.eZ
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Td. I 4 - County Mm4narf,
I
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner
Address
Telephone No.
and Location of project (water body, road
town, etc.
I. a
Description of Activity
Applicable Law: N Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) --::-section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
nG7 Nationwide Permit Number.
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_&gLk You must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone (9I9) 733-1786. FeFaey
;Management, telephone (919}-733-2293-
Please read and carefully comply with the attached conditions of the RGP or NWp Any violation of the conditions
of the RGP or the NWI'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 A? T- i--I + _ q
Corps Regulatory Official I ?,a1 Ocu?s Telephone No. _ 11 U 26-1 ao
Expiration Date of Verification
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE,.
CE&AW Form 591
Ptolled July 1995
FEB-15-99 04:49 PM WATERFRONT PROPERTIES 910 859 5088 P. 12
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shalt be properly maintained, including maintenance to ensure public
safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective
operating condition during construction, and all exposed soil and other fills 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.
6. 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 and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in 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. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest
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. In certain states, an individual state water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence
must be obtained or waived.
11. Endangered Species. 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 Engineor it any listed species or critical habitat might be affected or is in the vicinity of the project 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. Information on the location of threatened and endangered species can be
obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The
prospective permittee must 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)).
13. Water Supply Intakes- No discharge of dredged or fill material may occur in the proximity of a public water supply intake
except where the discharge is repair of the public water supply Intake structures or adjacent bank stabilization.
14,-711hellAsh Production. No discharge of dredged or rill material may occur in areas of concentrated shellfish production,
unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car
bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.
16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation
mitigation plan for the specific regulated activity.
17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
practicable.
18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede
the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to
impound waters).
19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts 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.
20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable.
21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
their preexisting elevation.
FEB-15-99 04:42 PM WATERFRONT PROPERTIES 910 859 5088 P.03
NATIONWIDE PERMIT #26. HEADWATERS AND ISOLATED WATERS. Authorizes
discharges of dredged or fill material into headwaters and isolated waters provided that the
activity meets all of the following criteria:
a. The discharge does not cause the loss of more than three (3) acres of waters of the United
States nor cause the loss of waters of the United States for a distance greater than 500 linear feet
of a stream bed;
b. For discharges causing the loss of greater than 1 /3 acre of waters of the United States, the
permittec notifies the District Engineer in accordance with the "Notification" general condition;
c. For discharges causing a loss of 1/3 acre or less of waters of the United States, the
permittee must submit a report within thirty (30) days of completion of the work, containing the
following information:
(1) Name, address and telephone number of the permittee;
(2) Location of work;
(3) Description of work; and
(4) Type and acreage (or square feet) of the loss of waters of the United States (e.g., 1/10
acre of marsh and 50 square feet of a stream);
d. For discharges in special aquatic sites, including wetlands, the notification must also
include a delineation of all affected special aquatic sites, including wetlands; and
e. The discharge, including all attendant features, both temporary and permanent, is part of a
single and complete project.
Now Whenever any other nationwide pennit(NWP) is used in conjunction with this NWP, the
total acreage of impacts to waters of the United States of all NWPs combined cannot exceed three
(3) acres.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be property maintained,
including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation 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
FEB-15-99 04:50 PM WATERFRONT PROPERTIES 910 859 5088 P.13
. ? I I
permanently stabilized at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the movement of those
species of aquatic lire indigenous to the water body, including those species which normally
migrate through the area, unless the activity's primary purpose is to impound water.
5. 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.
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 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. 3108, issued by the North Carolina Division of Water Quality
(NCDWQ) on Fcbniary 11, 1997.
10. Coastal zone management. The North Carolina Division of Coastal Management
(NCDCM), has determined that this NWP is conditionally consistent with the North Carolina
Coastal Management Program. Notification to and written concurrence from the NCDCM is
required prior to work in the twenty (20) coastal counties ofNonh Carolina.
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 F..ndangered 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 critical habitat might be affected or is in the vicinity of the project,
and shall not begin work on the activity until notified by the District Engineer that the
requirements of the Endangered Species Act have bectt satisfied and that the activity is
authorized.
FEE-15-99 04:43 PM WATERFRONT PROPERTIES 910 359 50eS P.04
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.govrr9endspp.htn-d and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery, 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 325, Appendix C. The prospective permitt.ec must be
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, Or which the prospective permittee has reason to believe may be eligible
for listing on the National 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(8)).
13. Notification (for discharges causing the loss of greater than 1/3 acre and less than 3
acres of waters of the United States.
a. Timing. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a Pre-Constntction Notification (PCN) as early as possible and
shall not begin the activity:
(1) Until notified 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 notification
and the prospective permittee has not received 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).
b. Contents of notification. The notification must be in writing and include the following
information:
FEB-15-99 04:51 PM WATERFRONT PROPERTIES 910 859 5088 P.14

(1) Name, address and telephone numbers of the prospective permittec;
(2) Location of the proposed project;
(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; and
(4) Far NWP 26, the PCN must also include a delineation of affected special aquatic
sites, including wetlands (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.(l)-(4) of General Condition 13. A letter may also be used.
d. District Engineer's Decision: In reviewing the pre-construction notification for the
proposed activity, the District Engineer will determine whether the activity authorized by the
NWP will result in more than minimal individual or cumulative adverse environmental effects or
may be contrary to the public interest. The prospective permittee may, optionally, submit a
proposed mitigation plan with the pre-construction notification to expedite the process and the
District Engineer will consider any optional mitigation the applicant has included in the proposal
in determining whether the net adverse environmental effects of the proposed work are minimal.
If the District Engineer determines that the activity complies with the terms and conditions of the
NWP and that the effects are minimal, the District Engineer will notify the permittee and include
any conditions the District Engineer deems necessary.
Any mitigation proposal must be approved by the District Engineer prior to commencing
work. If the prospective permittee elects to submit a mitigation plan, the District Engineer will
expeditiously review the proposed mitigation plan, but will not commence a second 45-day
notification procedure. If the net adverse effects of the project (with the 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 NWP.
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 submitting a
mitigation proposal that would reduce the adverse effects to the minimal level; or
(3) that the project is authorized under the NWP with specific modifications or
conditions.
FEB-15-99 04:44 PM WATERFRONT PROPERTIES 910 859 5088 P.05
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 environmental effects to a
minimal level.
(1) For NWP 26 (between i and 3 acres of impact). The District Engineer will, upon
receipt of a notification, provide immediately, e.g., 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 (SBPO), and
if appropriate, the National Marine Fisheries Service. The agencies will than have 5 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 16 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. The District Engineer will indicate in
the administrative record associated with each notification that the resource agencies' concerns
were considered. Applicants are encouraged to provide the Corps multiple copies of notifications
to expedite agency notifications.
(2) Optional Agency Coordination, 401 Denial. For NWP 26 only, where the State
has denied its 401 water quality certification for activities with less that 1 acre of wetland impact,
the EPA regional administrator may request agency coordination ofPCNs between 1/3 and i
acre. The request may only include acreage limitations within the 1/3 to 1 acre range for which
the State has denied water quality certification. In cases where the EPA has requested
coordination of projects as described here, the Corps will forward the PCN to EPA only. The
PCN will then be forwarded to the Fish and Wildlife Service and the National Marine Fisheries
Service by EPA under agreements among those agencies. Any agency receiving the PCN will be
bound by the EPA time frames for providing comments to the Corps.
f. Wetlands Delineations. Wetland delineations must be prepared in accordance with the
current method required by the Corps. 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. Mitigation. Factors that the District Engineer will consider when determining; the
acceptability of appropriate and practicable mitigation include, but are not limited to:
(1) To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology and logistics in light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider mitigation banking and
other forms of mitigation including contributions to wetland trust funds, inlieu fees to
organizations such as The Nature Conservancy, State or county natural resource management
FEB-15-99 04:51 PM WATERFRONT PROPERTIES 910 859 5088 P.u15
agencies, where such fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be appropriate and
practicable include but arc not limited to: reducing the size of the project; establishing wetland or
upland buffer zones to protect aquatic resource values; and replacing the loss of aquatic resource
values by creating, restoring and enhancing similar functions and values. In addition, mitigation
must address wetland impacts, such as functions and values, and cannot be simply used to offset
the acreage of wetland losses that would occur in order to meet the acreage limits of some of the
NWPs (c.b_, for NWP 26, 5 acres of wetlands cannot be created to change a 6-acre loss of
wetlands to a 1 acre loss; however, 2 created acres can be used to reduce the impacts of a 3-acre
loss.).
14. Compliance certification. Every permittee who has received a NWP 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 and 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.
1S. Multiple use ofNWPs. In any case where NWP number 12 through 40 is combined with
any other NWP number '12 through 40, as part of a single and complete project, the permittee
must notify the District Engineer in accordance with paragraphs a., b., and c. of the Notification
General Condition number 13. Any NWP number 1 through 11 may be combined with any other
NWP without notification to the Corps, unless notification is otherwise required by the terms of
the NWPs. As provided at 33 CFR 330.6(c) two or more different NWPs can be combined to
authorize a single and complete project. However, the same NWP cannot be used more that once
for a single and complete project.
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply only to activities that
involve the discharge of dredged or fill material in waters of the United States, and must be
followed in order for authorization by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity
of a public water supply intake except where the discharge is for the repair of the public water
supply intake structure or adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may occur in areas of
FED-15-99 04:45 PM WATERFRONT PROPERTIES 910 859 5088 P.06
concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting
activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may consist of unsuitable
material (e.g., trash, debris, car bodies, asphalt, etc.,) and material discharges must be free from
toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of the United States must
be minimized or avoided to the maximum extent- practicable at the project site (i.e., on-site),
unless the District. Engineer approves a compensation plan that the District. Engineer determines is
more beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas daring spawning seasons must be avoided
to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable, discharges must not
permanently restrict or impede the passage of normal or expected high flows or cause the
relocation of the water (unless the primary purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as 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 possible.
8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must
be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource Water" (ORW), a
designated "High Quality Water" (IIQW) or a designated "Primary Nursery Area" (PNA), of
North Carolina or in contiguous wetlands (as defined by the North Carolina Division of Water
Quality) to any of the above waters, proponents must notify the Wilmington District Engineer and
furnish a written statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to working in the waters and/or contiguous wetlands and why
alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable
adverse impacts to the waters and/or adjacent wetlands as may be required by the applicable
NWP. Work may proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the above information.
FEE-15-99 04:52 PM WATERFRONT PROPERTIES 910 859 5088 P.16
2. Prior to use of any NWP in a designated "Area of Environmental Concern" (AEC) in the
twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (LAMA), a proponent must first obtain the required CAMA permit and fumish
a copy of the CAMA permit to the Wilmington District.
3. Prior to the use of any NWP on a barrier island of North Carolina, proponents must notify
the Wilmington District Engineer and furnish a written statement of compliance with all of the
conditions of the applicable NWP. Notification will include the location of work; a description of
work; a delineation of wetlands; a discussion of alternatives to the work and why alternatives
were not selected; and a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the conditions of the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or faxed approval from the
authorized representative of the District Engineer to proceed. Normally such notice to proceed
will be furnished within 30 calendar days of receipt of the above information.
4. Prior to the use of any NWP` in a "Mountain or Piedmont Bog" of North Carolina,
proponents must notify the Wilmington District Engineer and furnish a written statement of
compliance with all of the conditions of the applicable NWP. Notification will include the
location of work; a description of work; a delineation of wetlands; a discussion of alternatives to
the work and why alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required by the conditions of
the applicable NWP. Work may proceed only after the permittee has received written, telephonic,
or faxed approval from the authorized representative of the District Engineer to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of receipt of the above
information.
5. Prior to use of any NWP for construction of animal waste facilities in waters and/or
wetlands of Korth Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable NWP. Notification
will include the location of work; a description of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and, a plan to provide
compensatory mitigation for all unavoidable adverse impacts to wetlands or waters as may be
required by the applicable'NWP. Work may proceed only after the permittee has received
written, telephonic, or faxed approval from the authorized representative of the District Engineer
to proceed. Normally such notice to proceed will be furnished within 30 calendar days of receipt
of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by upland perimeter
ditches or by other means, will be considered as cumulative impacts in making a decision to assert
discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-five (25) designated
counties of North Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable NWP. Notification
will include a letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands, a discussion of
alternatives to working in the mountain trout waters and why alternatives were not selected; and a
FEB-15-99 04:45 PM WATERFRONT PROPERTIES 910 859 5088 t'.er
plan to provide compensatory mitigation for all unavoidable adverse impacts to the mountain
trout waters. Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District to proceed. Normally such
notice to proceed will be furnished within 30 calender days of receipt of the above information.
a. The twenty-five (25) designated counties are:
Allcghany Ashe Avery
Buncombe; Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancy
b. To obtain the required letter of approval from the North Carolina Wildlife Resources
Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Proponents must notify the Wilmington District Engineer and receive written approval
prior to performing work that would impact more than 150 linear feet of a stream. Notification
will include the location of work, a description of work, a discussion of alternatives to working in
the stream and why alternatives were not selected, and a plan to mitigate for all unavoidable
adverse impacts to more than 150 linear feet of the stream.
NOTE: Flooding of a free-flowing stream by an activity requiring authorization under this NWP
will be considered an adverse impact along with filling and excavation for the purposes of
determining impacts on stream.
STATE CONSISTENCY CONDITIONS
1. All fill material must be obtained from an upland source.
2. Use of this NWP for waste disposal facilities is not authorized.
3. The proposed activity must not be inconsistent with North Carolina's Antidegradation
Policy (I5ANCAC 2B .0201).
FEB-15-99 04:53 PM WATERFRONT PROPERTIES 910 859 5088 P.17
4. If the proposed activity is within the North Carolina Coastal Area and the activity will result
in the loss of waters of the United States greater than 113 of an acre or cause modification of
greater than 150 linear feet of a stream, the applicant must receive written concurrence from the
North Carolina Division of Coastal Management (NCDCM) that the activity is consistent with the
North Carolina Coastal Management Program. Streams are defined as blue or purple lines for
permanent or intermittent streams as shown on the most recent version of the USGS 1:24,000
topographic map or other site-specific data.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third acre (0.135 ha) of
wetlands or waters for a project requires a written concurrence from the North Carolina Division
of Water Quality (NCDWQ).
2. Proposed rill or substantial modification of equal to or less than one-third acre (0.135 ha) of
wetlands or waters for a project does not require written concurrence from the North Carolina
Division of Water Quality (NCDWQ) as long aq the project is in compliance with all conditions of
this General Certification.
3. Proposed fill or substantial modification of any amount of wetlands classified in accordance
with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence
from the North Carolina Division of Water Quality in accordance with 15A NCAC 2H.0506(e).
4. Proposed fill or substantial modification of more than 150 linear feet (45.7 meters) of
streams for a project requires a written concurrence from the North Carolina Division of Water
Quality. For the purpose of this Certification, streams are defined as blue or purple lines for
permanent or intermittent streams as shown on the most recent version of the USGS 1:24,000
topographic map or other site specific data.
5. Proposed fill or substantial -modification of less than or equal to 150 linear feet (45.7 meters)
of streams for a project does not require a written concurrence from the North. Carolina Division
of Water Quality as long as the project is in compliance with all conditions of this General
Certification. For the purpose of this Certification, streams are defined as blue or purple lines for
permanent or intermittent streams as shown on the most recent version of the USGS 1:24,000
topographic map or other site specific data.
6. Appropriate sediment and erosion control practices which equal or exceed those outlined in
the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual" or the "North Carolina Surface Mining Manual" (available from the North
Carolina Division of Land Management in the DEHNR Regional or Central Offices) will be
utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout by-NCDWQ, 25 NTU's in all saltwater classes and all
lakes and reservoirs, and 10 NT U's in trout waters).
7. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the North Carolina Division of land Resources has released
FEB-15-99 04:46 PM WATERFRONT PROPERTIES 910 859 5088 rexs
the project.
8. Additional site-specific conditions may be added to projects with greater than one-third acre
impact to wetlands or 150 linear feet of streams which are proposed under this Certification in
order to ensure compliance with all applicable water quality and eiYtuent standards.
9. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the State until the concrete has hardened.
10. If an environmental document is required, this Certification is not valid until a FONSI or
ROD is issued by the State Clearinghouse.
11. Concurrence from the North Carolina Division of Water Quality (NCDWQ) that this
Certification applies to an individual project shall expire on December 13, 1998 to coincide with
the expiration date ofNWP No. 26.
EXHIBIT B
HERON BAY DEVELOPMENT AREA EXTENSION
COE-APPROVED JURISDICTIONAL AREA DELINEATION
Key Map for:
Heron Bay Subdivision, Phase ,10
Waters of the United States
Off NCSR 1162 near Troy, N.C.
Eldorado Township. Montgomery County
Date Prepared: July 22. 1998
Scale: 1 " - 500'
Sheet 1 of 5
DAVIDSON COUNTY
MONTGOMERY COUNTY \ I
SR 1164
SITE
BADIN tAKE
VICINITY MAP NOT TO SCALE
This certifies that this copy of this plot accurately depicts the boundary of the
Jurisdiction of Section 404 of the Clean Water Act pursuant to the 1987 Corps
of Engineers Wetlands Delineation Manual as determined by the undersigned on
this date. Uniess them is a change in the low or our published regulations. this
determ?igetipn of Section 404 Jurisdiction may be relied upon for a perold of five
years this dote.
Signalu /of U.S. Army Corps of Engineers Official
Date
se
8adin Shores Resort Owners. Inc.
243-314. 305-611
11. ??. Aw? 164n1 7
?i/N
?• ??'•.'4 ••
%
C_,
Heron Say
Phase 6. Map 2
C-107-6
FNFRI-T t3wtiOq?
N/F Gilbert E. Futrell.
trustee for
Pearl T. Futrell Estate
272-37
CrbSSJh A
Job No. 98-6447
Prepared Hy: C
CHARLES C. WHICKER, RIB
& ASSOCIATES, INC.
Land Surveying and Mapping
17-H Randolph h Street
Thomasville. N.C. 27360
Bus: [phone] res: (910) 472-289V

1
Survey for.
Heron 8o SubUn tad eStot s e ' 10
Waters of the
Off NCSR 1162 near Troy, N.C.
Eldorado Township, Montgomery County
Date Prepared: July 22, 1998
Scale: 1 " - 100'
Sheet 2 of 5
TOTAL AREA • 13,1311 SF
CALCULATED BY COORDINATE GEOMETRY
SEE SHEET 5 FOR LINE TABLES
/^
This certifies that this copy of this plot accurately depicts the boundary of the
Jurisdiction of Section 404 of the Clean Water Act pursuant to the 1987 Corps
of Engineers stionds Delineation Manual as determined by the undersigned on
this dote. Unless there is a change in the low or our published regulations. this
dotemmi of Section 404 Jurisdiction may be relied upon for o peroid of five
years Ili* dgg??
A n U-•
of U.S. "r Corps of Engineers Official
DAVIDSON COUNTY
MONTGOMERY COUNTY
SR 1164
S,Q
s?
AREA UNDER FILL
497f SF
c4bsst A
Job No. 98-6447
.Prepared Br. C
CHARLES C. WHICKER, RLS
& ASSOCIATES, INC.
Land Surveying and Mapping
17-B Randolpph Street
Thomasville, N_C. 27360
Bus: (910) 472-5M Fax: [phone]
SITE
BADiN LAKE
%SS1etae•n„• •
••°'?N CARpt
IWc.

I
0
qW
7
V7
U
2

S
a
I

I

Survey for.
Heron Bay Subdivision. Phase ' 10 DMIDSON COUNTY
Waters of the United States MONTGOMERY COUNTY
Off NCSR 1182 near Troy, N.C. SR 1164
Eldorado Township, Montgomery County sR ,?
Date Prepared: July 22, 1998 e?
SITE
Scale: 1 " 100' / I 9M)IN WE
Sheet 3 of 5
TOTAL AREA - 10,5391 SF
CALCULATED BY COORDINATE GEOMETRY
This certifies that this copy of this plat occurate!j depicts the boundary of the
Jurisdiction of Section 404 of the dean water Act ursuant to the 1987 Corps
of Engineers Wetlands Delineation Manual as determined by the undersigned on
this date. Unless there Is a change in the low or our published regulations. this
57-X determin ?f S ction 404 Jurisdiction may be relied upon for a p@mW of five
Yom Signot e f U.S. Army Corps of Engineers official
WHISPER 14k£ 5s-x 3 (1i_,,(7 f lqq b
O Date
M
fo v?ch
Shaei *L%
A
40-X
t
39-X
38-X
2-X
OAN C ARol
` SEA
L-3497 •`"?
L-ts
4,
41-X

L-N
L-90
i

42-X
C-)(
O;
v
s?
3 (?
COURSE
L-1
L-2
L-3
L-4
L-5
L-6
L-7
L-8
L-9
L-10
L-1:t
L-12
L-13
L-14
L-15
L-16
L-17
L-18
L-19
L-20
L-21
L-22
L-23'
L-24
L-25
L-26
L-27
L-28
V 29
L-30
L-31
L-32
L-33
L-34
L-35
L-36
L-37
L-38
L-39
L-40
L-41
L-42
L-43
L-44
L-4S
L-46
L-47
L-48
L-49
L-50
L-51
L-52
L-S3
L-54
L-55
L-56
SEARING
N OV 11'25'E
N 06'53'43"E
N 1350'25-*
2126 05""W
N 25'1 9'06"E
N 2706'4S"E
N 06' 18'01 V
N 4S00'26"E
N 4707'27"W
N 3W38'24*W
N 48'39'08'W
N 34'47'09'W
N Sr14'10"W
N SS'07'14"W
N 61'53'20"W
N 08'40'32"W
N 11'48'40"E
N 04'53'46'E
N 86' 10'30'E
N 65'52'29'E
N 3736'24'E
N 30'45' 16"E
N 3S'02'34"E
N 18'12'16'E
S 41'46'43E
S Or07'52"W
S 4S55.17V
S 28'34'23"W
S 3V22'01'W
S 59'04'17W
S SX10'34"W
S OS30'58"W
S 11.06'2S'W
S 1749'31'E
S "5618"E
N 7WO5'56"E
S 6r 19'42'E
S 46.03'041
S 51'31'41 "E
S 3W35'02"E
S 4704'33'E
S 3W46'23'E
S 55'52'16"E
S. 04 27'26"E
S 34.33'30"W
S 02"38' 11'E
S 2SO2'05'W
S 38'30'06'W
S 36*11'30"E
S 26'4333E
S 10'22'39E
S 1700'56"E
S 00'20'39'E
S 00'40'21 "E
N 7731'33*W
..•••.. P,?•w?""????
Job No. 98-6447
Prepared Br:
ARLES C. WHICKER, RLS
& ASSOCIATES, INC.
Land Surveying and Mapping
17-D Randolph Street
Thomasville. N.C. 273,80
s: [phone] res: (910) 472-280A
DISTANCE
75.55'
45.42'
61.33'
40.14'
25.71'
34.17'
47.97'
42.33'
40.00'
30.60'
42.10'
63.18'
46.28'
$0.79'
46.34'
69.90'
46.28'
$2.42'
45.21'
35.58'
29.01'
92.67'
28.18'
36.76'
19.62:
8.63'
6.62'
25.46'
39.14'
102.70'
29.77'
35.94'
38.75'
60.62'
41.30'
33.19'
IS. 12'
•36.73'
48.65'
30.64'
47.63'
63.13'
43.60'
23.38'
13.30'
35.88'
42.79'
72.20'
15.54'
46.71'
20.29'
$3.85'
19.39'
71.01'
37.11'
26.29'
Survey for.
Heron Say Subdivision Phase 10
Waters of the United States
Off NCSR 1162 near Troy, N.C.
Eldorado .Township. Montgomery County
Date Prepared: July 22, 1998
Scale: 1 " • 100'
Sheet .4 of 5
COURSE
L-1
L-2
L-3
L-4
L-5
L-6
L-7
L- 10
L-11
L-12
L-13
L-14
L-15
L-18
L-17
L-18
L-19
L-20
L-21
L-22
L-23
L-24
L-25
L-28
L-27
L-28
L-29
L-30
s Q?
6 DPI
AREA UNDER FILL
1.0421 SF
57-X
14 hne^'y
-4'01oI
•.••??N CARp?Iw''?,
I SEAL •
=9t.,L-3491 mow;:;
•. •s •••4.1.1.11v?:L
BEARING
DISTANCE COURSE
42.58' L-31
42.72' L-32
50.861 L-3
4
38.00' L=3
40.49' L-35
22.05' L-36
31.42' L-37
40.14' L-38
64.12* 4
57.76' 0
L-

72 83' L-42
37.79' L-43
24.90' L-44
50.50' L-45
2.97' L-48
50.92' L-47
49
L
3183' -
68.90' L-50
21.86' L-51
23.16' L-52
25.62' L-53
18.35' L-54
38.40' L-55
17.97' L-55
20.22' L-57
30.11' L-58
40.70' L-59
42.54' L-60
p,?jj PI,,,,„da
BEARING
DISTANCE
40.15:
42.19'
27.47'
13.95'
22.28'
29.12'
19-82:
27.98'
18.18'
44.35'
44.72'
44.13'
23.80'
38.18'
32.37'
47.94';
45.88'
45.71'
21.94'
20.66'
17.90'
37.57'
41.70'
64.48'
46.67'
14.94'
9.10'
;i.

BADIN LAKE
This certifies that this copy of this plat accurately depicts the boundary of the
Jurisdiction of Section 404 of the Clean Water Act pursuant to the 1987 Corps
of Engineers Wetlands Delineation Manual as determined the undersigned on
this dots. Unless there Is o change in the law or our published regulations.. this
det"2 i Aof Sect 404 Jurisdiction may be roped upon for a perold of five
his doN `
years //yy11 t
A 01,
Ngn.N.,,/of U.S. Army Corps of Engineers Official
?z6l 1
Date
TOTAL AREA - 23.7011 SF
CALCULATED BY COORDINATE GEOMETRY
54-X
55-X
56-X
eo
sch
DAVIDSON COUNTY
MONTGOMERY COUNTY
SR 1`164 Sq
LMJ
X
53-X 52-
51-X
C3
50-X
0
49-X
Job No. 98-6447
Prepared By:
CHARLES C. WHICKER, RW
& ASSOCIATES, INC.
Land Surveys? and Mappfag
17-B Randolph Street
Thomasville, N.C. 27300
Bus. [phone] fax: [phone]wj