20031346 Ver 1_COMPLETE FILE_20070831

MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Belmar Forest Phase II
Project Number 03 1346
Recvd From APP
Received Date 10131103 Recvd By Region
Project Type to place fill to construct 5 single family dwellings
County New IIanover
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet >>ct,c #I?Et-)
Type Type Impact Score Index Prim. supp. Basin Req. Req. ii:r !r+ti;t_ i
39 forested WT _0N F__ 18-74-63 F -c- SW 30,617. 0.16 F_ F- F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? @Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This project has been placed on hold. 12/22/03 NML
Additional information was received on March 15. 2004.
This office has no objection to the project as proposed provided that all of the conditions of General
Water Quality Certification Number 3402 and the additional conditions listed in the written 401 Water
Q uali y Certification are met.
The 401 Water Quality Certification was issued on March 25, 2004. NML
cc: Regional Office
Central Office Page Number 1
Facility Name Belmar Forest Phase II County New Hanover
Project Number 03 1346 Regional Contact: Noelle Lutheran
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
[phone]
March 9, 2004 : ! ?. / • ; ?
North Carolina Division of Water Quality N4 AR .? 0 2004 Wilmington Regional Office
Attn. Noelle Lutheran „
127 Cardinal Drive
Wilmington, NC 28405
Re: Preconstruction Notification - Belmar Forest (Phase 2) DWQ # 031346
Dear Noelle,
Pursuant your request dated December 23, 2003 for additional information on the following project,
we are transmitting herein a copy of the USACE Nationwide 39 Permit for the above referenced project as
well as a copy of the letter of acceptance from the N.C. Ecosystem Enhancement Program(NCEEP) and a
reduced copy of the recorded subdivision map.
In response to your concern that the impacts are the minimized, we have positioned the proposed
structures to minimize impacts on adjacent wetlands. We are only proposing enough fill to support the
proposed structures and not to include any additional yard. In the Impact 3 area at Lot 66 and Lot 67 we
have positioned the driveway for each dwelling along the same line so that there will only be one crossing
area and to keep this area as small as is feasible. On all lots we have placed the proposed structures as far
from the wetlands as we can and still maintain building setbacks from adjoining lots as required by state
building codes and New Hanover County Zoning Ordinances.
Adjacent wetlands will be protected during construction by silt fencing around the perimeter. The
silt fencing will be maintained until construction is complete and permanent vegetation is established.
For mitigation an easement will be placed on the remaining wetlands on these lots to prevent any
further impacts. Deed restrictions will be recorded as soon as we get your approval.
We do not know of any other actions or any future impacts for this development and look forward
to your response.
Sincerely,
•CJ ?????i" 2?t ?!'Lt??
G Anderson Greene, PLS
Cc:Cyndi Karoly-Wetlands Group
JHF/j f
file:F:\Master\Pw364\WPD\noelle.wpd
107 COMMERCE ST.
SUITE B
GREENVILLE, NC 27858
[phone]
102-D CINEMA DRIVE
WILMINGTON, NC 28403
[phone]
HESTRON PLAZA TWO
151-A HWY. 24
MOREHEAD CITY, NC 28557
[phone],
I I

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200200606 County: New Hanover Quad: Scans Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VER IFICATION
Responsible. Party: Bill Clark Homes Agent: Quibble and Associates
Attn: Joe Lassiter
Address: 1430 Commonwealth Drive Post Office Drawer 870
Wilmington, NC 28403 Kitty Hawk, NC 27949
Telephone: [phone] [phone]
Cc: ;Stroud Engineering
Attn: Anderson Greene
102-D Cinema Drive
Wilmington, NC 28403 MAR
1
.
0 2004
Noelle Lutheran
Division of Water Quality ''' " `? i z• 1 ',' ; ;
'

North Carolina Department of i
?,
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ron Ferrel
North Carolina Ecosystem Enhancement Program
North Carolina Department of
Environment and Natural Resources
1619 Mail Service Center
Raleigh, North Carolina 27699-1619
Zone: IS
UTM: North: 3797829 East: 237288
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 25.54 acres located
in Belmar Forest, Phase 2, west of Harris Avenue, north of the CP&L easement, adjacent to Smith Creek, in
Wilmington, New Hanover County, North Carolina.
Description of Activity: Discharge of fill material into 0.20 acre of jurisdictional wetlands for the construction of
five building lots in the Belmar Forest Subdivision, Phase 2. See attached plans.
Applicable Law: _S Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NATIONWIDE PERMIT 1139: RESIDENTIAL, COMMERCIAL, AND INSTITUTIONAL
DEVELVOPMENTS
SECTION 10 AND 404
Special Conditions
1. The permittee sliall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the.
amount determined by the NC EEP, sufficient to perform the restoration of 0.20 acre of non-riparian, wet
pine flat wetlands in the Cape Fear River Basin, Cataloging Unit 03030005.
ty
2. Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and die NC EEP
has. provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work
required, in compliance with the MOU between the North Carolina Department of Environment and Natural
Resources and the United Stales Army Corps of Engineers, Wilmington District, dated November 4, 1998.
Permittee shall execute and cause to be recorded in the New I lanover County Register of Deeds restrictive
covenants for the purpose of maintaining the mitigation areas, as shown on the plat as wetland areas, dated
September 25, 2003, in their natural state in perpetuity, acceptable to the Corps of Engineers, prior to the
sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the
terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the
property described in the covenants inconsistent with the terms thereof. Recommended language is as
follows;
"'file areas shown on the recorded plat (identify) as wetland areas shall be maintained in perpetuity
in their natural or mitigated condition. No person or entity shall fill, grade, excavate, or perform
any other land disturbing activities; nor cut, remove, or harm any vegetation; nor construct any ,;.
structures, nor allow animal grazing or-watering or any other agricultural use on such conservation
area. This covenant is intended to ensure continued compliance with the mitigation condition of
authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington
District, Action ID 200200606, and therefore may be enforced by the United States of America.
This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming
under it."
See attached documents for additional terms and conditions of this Nationwide Permit.
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Environmental Management, telephone [phone]. For any activity within the twenty coastal counties, before
beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the NWP
referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State, or local approvaWpermits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization orally of the conditions of the General-Permit-or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: 23 Innunry ?004
Corps Regulatory Ollicial: An 'rclephone No.: (910) 751.461 1
Expiration Date of Verification: 21 nnuarv_2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995

?w
0
o j? 51
WETLAND AREA
PROTECTED EASEMENT\,53
AO = 0.16 AC.
© = 0.12 AC. N-P
©= 0.025 AC.
©= 0.43 AC. \
EO = 0.18 AC. \ 1?? ` ,o .\ ro
TOTAL EASEMENT '
= 0.915 AC.
/ j 99
98
97 I I
I `
.? 96
92
-? --- 91
95
94
3 / 4 1 83
X84
t DS VJETT?NDS
`'\?
85
,,/" \ \\ J E 0.16 AC.
lpp. ?IpE PD)YER l1\
NE Rik
Vt( DS
/
?. \ \ \ 86 \\ . 120 0 120 240
GRAPHIC SCALE: 1" • 120'
? J WETLANDS
WETLAND IMPACT AREA
PROJECT NO.: PW-364
k .
DRAWING NAME: F:/R.ASTER/PW-364/DGN/11PACT.DGN
12/19/03
L3E L H QQ F OOaE 3 4
HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINI
OWNER: RILL CLARK HOMES OF WILYINGTON,LLC
1430 COMMANAELTH DRIVE DESIGNED: GAG
ADDRES S:
WiLMINGTON, NC 28403 DRAWN: GAG
PHONE [phone]
APPROVED:
JHF

AA STROUD ENGINEERING, P.A. DATE: 9/25/0;

'!'?-D CINEMA DRIVE
C SCALE: 1" ' 120'
WILMINGTON. N
28403
[phone]
>ti
SHEET 1
OF 1
NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
material into non-tidal waters of the United States, excluding non-tidal wetlands adjacent to tidal
waters, for the construction or expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include- but ;ire not timitrrl tn rn-irtc
parking lots, garages, yards, utility lines, stonnwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this nationwide permit.
Residential developments include multiple and single unit developments. Examples of
commercial developments include retail stores, industrial facilities, restaurants, business parks,
and shopping centers. Examples of institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
places of worship. The activities listed above are authorized, provided the activities meet all of
the following criteria:
A. The discharge does not cause the loss of greater than \1/2\ acre of non-tidal waters of the
United States, excluding non-tidal wetlands adjacent to tidal waters;
B. The discharge does not cause the loss of greater than 300 linear feet of a stream bed, unless
for intermittent stream beds this criterion is waived in writing pursuant to a determination by the
District Engineer, as specified below, that the project complies with all terms and conditions of
this nationwide permit and that any adverse impacts of the project on the aquatic environment are
minimal, botli individually and cumulatively;
C. The permittee mist notify the District Engineer in accordance with General Condition 13, if
any of the following criteria are met:
1. The discharge'causes the loss of greater than \1/10\ acre of non-tidal waters of the United
States, excluding non-tidal wetlands adjacent to tidal waters; or
2. The discharge causes the loss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below), or
3. The discharge causes the loss of greater than 300 linear feet of intermittent stream bed.
In such case, to be authorized the District Engineer must determine that the activity complies
with the other terms and conditions of the nationwide permit, determine adverse
environmental effects arc minimal both individually and cumulatively, and waive the
limitation on stream impacts in writing before the pernittec may proceed:
D. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of affected special aquatic sites;
E. The discharge is part of a single and complete project;
F. The permittce trust avoid and minimize discharges into waters of the United States at the
project site to the maximum extent practicable. The notification, when required, must include a
written statement explaining how avoidance and minimization of losses of waters of the United
States were achieved on the project site. Compensatory mitigation will normally be required to
offset the losses of waters of the United States. (See General Condition 19.) The notification
must also include a compensatory mitigation proposal for offsetting unavoidable losses of waters
of the United States. If an applicant asserts that the adverse effects of the project are minimal
without mitigation, then the applicant may submit justification explaining why compensatory
mitigation should not be required for the District Engineer's consideration;
G. When this nationwide permit is used in conjunction with any other nationwide permit, any
combined total permanent loss of waters of the United States exceeding \1/10\ acre requires that
the permittcc notify the District Engineer in accordance with General Condition 13;
H. Any work authorized by this nationwide permit must not cause more than minimal
degradation of water quality or more than minimal changes to the flow characteristics of any
stream (see General Conditions 9 and 21);
1. For discharges causing the loss of \1/10\ acre or less of waters of the United States, the
permittcc must submit a report, within 30 days of completion of the work, to the District
Engineer that contains the following information: (1) The name, address, and telephone number
of the permittcc; (2) The location of the work; (3) A description of the work; (4) The type and
acreage of the loss of waters of the United States (e.g., \1/2\ acre of emergent wetlands); and (5)
The type and acreage of any compensatory mitigation used to offset the loss of waters of the
United States (e.g., \1/2\ acre of emergent wetlands created on-site);
J. If there arc any open waters or streams within the project area, the permittcc will establish
and maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to
those open waters or streams consistent with General Condition 19. Deed restrictions, ,
conservation easements, protective covenants, or other means of land conservation and
preservation are required to protect and maintain the vegetated buffers established on the project
site.
Only residential, commercial; and institutional activities with structures on the foundation(s)
or building pad(s), as well as the attendant features, are authorized by this nationwide permit.
The compensatory mitigation proposal required in paragraph (f) of this nationwide permit may be
either conceptual or detailed. The wetland or upland vegetated buffer required in paragraph 6) of
this nationwide permit will determined on a case-by-case basis by the District Engineer for
addressing water quality concerns. The required wetland or upland vegetated buffer is part of the
overall coiinpensatory mitigation requirement for this nationwide permit. If the project site was
previously used for agricultural purposes and the farm owner/operator used Nationwide Permit
40 to authorize activities in waters of the United States to increase production or construct farnn
buildings, Nationwide Permit 39 cannot be used by the developer to authorize additional
activities in waters of the United States on the project site in excess of the acreage limit for
Nationwide Permit 39 (i.e., the combined acreage loss authorized under Nationwide Permits 39
and 40 cannot exceed \1/2\ acre).
Subdivisions: For residential subdivisions, the aggregate total loss of waters of Unites States
authorized by Nationwide Pernnit 39 can not exceed\1/2\ acre. This includes any loss of waters
associated with development of individual subdivision lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is not present should be detenrined by the presence or'
absence of an ordinary high water mark or bed and bank. Areas that are waters of the United
States based on this criterion would require a Pre-Constriction Notification (PCN) although
water is infrequently present in the stream channel (except for ephemeral waters, which do not
require PCNs under paragraph (c)(s), above; however, activities that result in the loss of greater
than\l/10\ acre of ephemeral waters would require PCNs under paragraph (c)(1), above) are
determined by the presence or absence of an ordinary high water mark or bed and bank. Areas
that are waters of the United States based on this criteria would require a PCN even though water
is infrequently present in the stream channel (except for ephemeral waters).
.n

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Airy structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United State`s during periods of low-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Hcavy 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 that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
` 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a'study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect 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,
BLIreau of Land Management, U.S. Fish and Wildlife Service).
S. 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
4
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, IS, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards; wlicre applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
,..
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered o?• threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a'result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-lctlial "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
5
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r.9endspp/endspp.litml and http://www.nfins.noaa.gov/prot
res/overv iew/es.11 till l respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed;
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Infor?nation 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)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property niay be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the teens of the NWP, the prospective pcrmittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible: The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective pennittee does not provide all of the requested information, then the
District Engineer will notify the prospective pernittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:
6
1. Name, address and telephone numbers of the prospective permittee;
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; any 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. Sketches should be provided-when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(o); V.
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
inforniation regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the-PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
ol'Sru•face Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must detennine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
S. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the pennittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Pennittee and/or the permittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the pcr-mittee;
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not

require a formal on-site delineation. However, the applicant shall provide all indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety), and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
pennittec must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-year (or less) maintenance plan. In addition, the PCN must include all of the
following:
i. Sufficient baseline information identifying the approved channel depths and
confisUratlons and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the pennittec may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
8
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terns and conditions of this NWP, and that any adverse impacts of
the project. on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stornwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than.300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the pernittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize 4a
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must. include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Rcgistcr of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Fonn 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 of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity aythorized by the NWP will result in more
than minimal individual or cumulative adverse cnvirorunental effects or may be contrary to the
public interest. The prospective permittee may submit a .proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
cnvironniental effects to the aquatic envirorunent of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terns and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,'
the District Engineer will notify the permittee and include any conditions the District Engineer
9
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittec commences work. If the prospective permittec is required to-submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittec elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) arc
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state 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 the District Engineer 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 Pcrmit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
3. that the project is authorized wider the NWP with specific modifications or
conditions. Whcre the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic cnvironment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of
s . the US will occur until the District Engineer has approved a specific mitigation plan.
c. 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.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g:, via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resotirce or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to tclcplionu or faa the District Engineer notice that they intend to provide substantive,
10
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received 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 tine completion of the work and mitigation.
.M1
15. Use of Multiple Nationwide Pernlits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable'waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
11
or discharges of dredged or fill material, may occu.LJ;1,arcas of concentrated shellfish
populations, unless the activity is directly related to a sliellf?sh harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects oil the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment arc minimal
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District Engineer
will establish a preference for restoration of wetlands as compensatory mitigation, witli
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acrc
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but arc not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open'watcrs
will normally include a requirement for the establishment, maintenance, and legal protection
12
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer.will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g,, stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer.may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Pcrmittecs may propose the use of mitigation banks, in-lieu fee arrangements 'or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the •
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthernlore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream'and upstream of the project site, unless
the activity is part of a larger system designed to manage water.flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow..
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
13
identify such measures or require monitoring to ensure-their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
" waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas. returned to their preexisting elevation.
25. Designated Critical Resource Waters. -Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, .
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
arc not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlaids adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For N WPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill•inaterial
into waters of the US within the mapped 100ycar floodplain, below headwaters (i.e. five cfs),
14
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b, Discharges in Fooodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The pennittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date),*the work must be completed within 12-montlis after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to y.
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to detennine if an activity complies with the terms and
conditions ofa NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local pennits, approvals, or
authorizations required by law.

3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINI'T'IONS
Best Allanazement Practices Mllfs): BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
affect the limits oil a development.
15
COlllpellsatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
Ephemeral Strewn: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source bfwater for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Fa,-in Trcict: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood FrinU: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodtivav: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount.(not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Indepe,rdent Utility!: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
hrternrittent Sn•emn: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss of waters o the U,7. Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below=grade
fills that chang an aquatic area to dry land, increase the bottom elevation of a watcrbody, or
16
change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether'a project may qualify for a
NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
arc only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Welland: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark.. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The tern "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Pen•manent Above ;yrade Dill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Rif
de rind Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
17
Single and Complete Project: The term "single and complete project" is defined at 33 CFR
330.2(1) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e.; a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single watcrbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stornnvater Many-ement: Stormwater management is the mechanism for controlling sormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic enviromnent.
Stormwater Manaizenient Facilities: Stor?nwatcr management facilities are those facilities,
including but not limited to, sormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stor?nwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
chamiel geometry to increase the rate of water flow through the stream chamiel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal 14"ethmd: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(Q, respectively. Tidal waters rise and fall in a predictable and measurable rhytlun or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands arc located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Bu[&) : A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to opcnwatcrs. Mowed lawns arc not considered vegetated
buffers because they proVidc little or no aquatic habitat functions and values. Tile establisluncrit
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
18
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities'authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallo?vs: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
They are areas that are permanently inundated and under normal circumstances have rooted
aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular
rooted plaits in freshwater systems.
GVaterhody: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE . v:
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters
are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
!A '
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:-
1. Prior to the use of any NWP in any of the following North Carolina designated
waters, applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina rlesignated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters"
(HQW) (as defined by the North Carolina Division of Water Quality), or "Inland Primary
Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources Commission), or
contiguous wetlands (as defined by the North Carolina Division of Water Quality), or "Primary
Nursery Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
19
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the -required CAMA permit. Construction
activities may not commence until a copy of the. approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. hn addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant
shall. furnish a written statement of compliance with all of the conditions listed of the applicable
NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, `;Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Boas
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Norther Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concu?Tent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and, directly to the Corps of Engineers.
The twenty-five (25) designated counties arc:
Allc;,,hany Ashc Avery Yanccy
Buncombe Burke Caldwell Wilkes
20
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intennittent
streambed that exhibits important aquatic function(s).
b. Prior to tile use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination.of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roadway
Approach Fill BuJ:rull
Culve:i busied
below streuubed
to appiopliate
stieain depth
Bottom
,..

bed of the stream or wetland. For all culvert coi struction activities, the dimension, pattern, and
profile of the stream, (above and below a'pipe o • culvert), should not be modified.by widening
the stream channel or by reducing the depth of t le stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culvert greater than 48 inches in diameter. For culverts
48 Inches in diameter or smaller, culverts must e buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diame cr of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be i sued if it can be demonstrated that the impacts of
complying with this Regional Condition woulc result in more adverse impacts to the aquatic
environment.
3. Additional Regional Conditions Appl
a. Discharges in wetlands and in
prohibited under this NWP.

b. Single-family recreational facilities ar not authorized under NWP 39.
Recreational facilities, if they arc incorporate into and serving an entire residential, commercial,
or institutional development, can be authoriz d by this NWP.
NORTH CAROLINA DI iSION OF WATER UAL
t GENERAL CERTI iCATION CONDITIONS
S3362
See http://li2o.eur.state.nc.us/iicwctlands/
NORTH CAR(
".
Consistent.
to this Nationwide Permit
streams for ston-nwater management facilities arc
ts.html for details.
DIVISION OF C
TATS CONSIST
NAGEMENT
Citations:
2002 Nationwide Permits - Federal Regist r Notice 15 Jan 2002
2002 Nationwide Permits Corrections - Fc eral Register Notice 13 Fcb 2002
2002 Regional Conditions - Authorized 1 May 2002
22
MCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
January 2, 2004
G Anderson Green, PLS
Stroud Engineering, PA
102-D Cinema Drive
Wilmington, NC 28403
Subject: Project: Belmar Forest
County: New Hanover
William G. Ross Jr., Secretary
iJAR 2004
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for non-riparian wetlands impacts associated with the subject project. Please note that the decision by the NCEEP to accept
the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers
and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to
determine if payment to the NCEEP for impacts associated with this project is appropriate. Further, it is the understanding of the
NCEEP that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management, allow
mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by the DCM, provided that
the public benefits clearly outweigh the adverse effects of the project, and further, that all reasonable means of impact avoidance and
minimization have been incorporated into the project's design.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401
Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated December 19, 2003 the non-riparian wetlands restoration that is necessary
to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of
mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream
linear feet) Wetlands Non-Riparian
(acres) Riparian Buffer
W
Impacts 0.20
Mitigation Maximum 0.40
The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit
for impacts associated with the subject project in Cataloging Unit 03030005 of the Cape Fear River Basin. 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 Carol Shaw at [phone].
Sincerely,
Ronald E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
David Timpy, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
NC DENR Ecosystem Enhancement Program One
1619 Mail Service Center, Raleigh, North Carolina 27699-1619 NorthCarollna
Phone: [phone] \ FAX: [phone] \ Internet: h2o.enr.state.nc.usAvrp/ AM rally
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O?O? W AT ?q
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Colcen 1-1. Sullins, Deputy Director
Division of Water Quality
December 23, 2003
CERTIFIED MAIL: 7002 0860 0007 9268 9606
RETURN RECEIPT REQUESTED
Mr. Joseph S. Lassiter
Quible and Associates
PO Box 870
Kitty Hawk, NC 27949
SUBJECT:
WETLANDS 1401 GROUP
JAN 0 5 2004
WATER QUALITY SECTIOtl
PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Belmar Forest
DWQ Project # 031346
New Hanover County
Dear Mr. Lassiter:
This Office has reviewed your Pre Construction Notification application and is placing your
project on hold until we receive the following additional information:
1. Please demonstrate that the impacts to wetlands have been minimized to the maximum extent
practicable. This can be demonstrated by showing that the impacts are required due to spatial
and dimensional requirements. It appears that some of the impacts proposed are avoidable;
2. Please provide this office with a jurisdictional Determination Map signed by the US Army
Corps of Engineers.
Please respond within three weeks of the date of this letter by sending a copy of the information to
Noelle Lutheran and to Cyndi Karoly, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226,
lier phone number is [phone]. If we do not hear from you within three weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn. If you have any
questions, please feel free to call me at [phone].
Sincerelyy,,/
oelle Lutheran
Environmental Specialist III
cc: Cyndi Karoly -Wetlands Group
Angie Pennock - Corps of Engineers Wilmington
Noelle Lutheran - WiRO
Stroud Engineering- Wilmington Office
Bill Clark Homes of Wilmington, LLC
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional 011-ice Wilmington, NC 28405 [phone] Fax [phone]
A rh
A
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WO Supervisor: Bick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Belmar Forest Phase II
Project Number 03 1346
Recvd From APP
Received Date 10/31/03 Recvd By Region
Project Type to place fill to construct 5 single family dwellings
County New Hanover
County2
Region Wilmington

Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
Stream Impacts (ft.) F_ F_
??rr:C R?rl?r_t,5
39 forested FT ON F__ 18-74-63 Fc sW 30,617. 0.16
r-OY ON F-?????? ??
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? @Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
.This eject has been placed on hold. 12/22/03 NML
cc: Regional Office
Page Number
Central Office 1
Triage Check Dist
Date: Project Name: DWQ#: 13??
County: Ne,,1
To: ? ARO
? FRO Mike Parker
Ken Averitte ?' WaRO Tom Steffens
Ll" WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
From: Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? etlan d determination and distance to blue-line surface waters on USFW topo maps
L=1 Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? 'Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
Quible
Quible & Associates, RC, P.O.Drawer810
Kitty Hawk, NC 27949
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING 3 : Phone: [phone]
SINCE 1959 iii 6 Fax: [phone]
October 20, 2003
WETLANDS/ 401 GROUP
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lossite[ C.E.P.
Eduardo J. Voldivleso, P.E.
ASSOCIATES
Joseph J. Aniauf, P.E.
Katherine C. Marchello, P.L.S.
David S. Neff
Ms. Angie Pennock
US Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
OCT S 1 2003
WATER QUALITY SECTION
Re: Belmar Forest - Phase II - Nationwide #39 Permit Application
Dear Ms. Pennock:
Enclosed is a Pre-Construction Notification for Belmar Forest prepared by Stroud Engineering
PA (Stroud). Stroud has requested that Quible & Associates, PC (Quible) review and submit the
application to the US Army Corps of Engineers (COE) and the NC Division of Water Quality
(DWQ) and that we work with the agencies to facilitate the review process. The application
proposes impacts to 0.156 acres of jurisdictional 404 wetlands associated with the construction
of five single family residential structures. The applicant and owner of the lots is Bill Clark
Homes of Wilmington, LLC.
Please review the enclosed information and if you have questions contact me at 252-261-3300.
Sincerely,
Quible & Associates, PC
Jos S. Lassiter, CEP
cc: Cyndi Karoly, DWQ
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
[phone]
September 25, 2003
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Attn. Angie Pennock
P.O. Box 1890
Wilmington, NC 28402-1890
Re: Preconstruction Notification - Belmar Forest (Phase 2)
Dear Angie,
Pursuant the request of our client, Bill Clark Homes of Wilmington, LLC, we are requesting a
review of the proposed fill on 5(five) lots in Belmar Forest (Phase 2). Lot 65, 66, 67, 74 & 84 need to have
a small amount of fill to support a building pad or will need to cross the wetland area with a drive to reach
the house.
We have positioned the proposed structures to minimize impacts on adjacent wetlands. In the
Impact 3 area at Lot 66 and Lot 67 we have positioned the driveway for each dwelling along the same line
so that there will only be one crossing area and to keep this area as small as is feasible. On all lots we have
placed the proposed structures as far from the wetlands as we can and still maintain building setbacks from
adjoining lots as required by state building codes.
Adjacent wetlands will be protected during construction by silt fencing around the perimeter. The
silt fencing will be maintained until construction is complete and permanent vegetation is established.
For mitigation an easement will be placed on the remaining wetlands on these lots to prevent any
further impacts.
We do not know of any other actions or any future impacts for this development and look forward
to your response.
Sincerely,
??rL
G Anderson Greene, PLS
JHF/jf
file:F:\Master\Pw364\WPD\penock.wpd
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this proiect, please enter "Not Aaalicable" or "N/A".)
1. Processing
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
2 Nationwide, Regional or General Permit Number(s) Requested:
39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
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 Managem nt Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: Bill Clark Homes of Wilmington. LLC
Mailing Address: 1430 Commonwealth Dr.
Wilmington. NC 28403
Telephone Number: 910-256-0885 Fax Number: 910-256-0938
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: Stroud Engineering, P.A.
Company Affiliation: Engineering/Surveying
Mailing Address: 102-D Cinema Drive
Wilmington NC 28403
Telephone Number: 910-815-0775 Fax Number: 910-815-0593
E-mail Address: _ [e-mail]
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Belmar Forest
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 3149 07 68 3203
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Belmar Forest Lots L. 66, 67, 74 & 84
Directions to site (include road numbers, landmarks, etc.): From I-40 East on Gordon Rd to
Harris Road North on Harris Rd to Row gate Lane & the ILject
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 25.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Smith Creek
8. River Basin:_Cane Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h2o enr state nc us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Lots are vacant and undisturbed Surrounding lots are in
Various stages of single family residential development
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed fill using track hoe and track dozer
11. Explain the purpose of the proposed work: Fill to construct 5 single family dwellings
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.
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.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Proposed fill to construct 5
Single family dwellings.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill 0.005 No 300 LF Forested Wetland
2 Fill 0.018 No 250 LF Forested Wetland
3 Fill 0.063 No 200 LF Forested Wetland
4 Fill 0.037 No 550 LF Forested Wetland
5 Fill 0.033 No 200 LF Forested Wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at Up://Nvww.fcnia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed: 0.156 Acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See Atachment
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htt12•//h2o ear state nc.us/ncwetl a nds/strm gidehtm1.
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.
See Attachment
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at littp://h2o,enr.state,nc.us/wrj2/index,11tm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No ?C
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 © 14A
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ? N A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
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 3
2 1.5
Total
Gone 1 extends out 3U feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15 NCAC 2B .0242 or .0260.
Cununr,Ab + uscrrm tnf
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream fro the propeyty.
L.0 C1 ? .
t?J S. 5 T o v #" !n V ry)A IN MC I& ?" ?Q ^ 1 c3 .. raG
.ar Ke, Su iV tsio,.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater gengrated from, the proposed proje?c"t, or available capacity of the subject facility.
CAn r0. /?Gh - is ChLt?gC Sqs w% Gy -Qti trc S?.h L1?IV ISior?
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No EIs this an after-the-fact permit application?
Yes ? No [?r
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
AGENT DESIGNATION
I, John R. Conner, General Manager for Bill Clark Homes of Wilmington, LLC, do hereby
designate Stroud En.'neeering, P.A. and Quible and Associates, P.A. , as a subcontractor, to act on
my behalf for the purposes of application and communication with the Army Cones of Engineers
regarding the wetland delineation, Nationwide permits and associated approvals.
John R. Conner, General Manager
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