20000617 Ver 1_COMPLETE FILE_20000512

i? ?a7 _.95. ? r
tx ?1
J-Tc-t 5 M
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Mr. John Thomas, U.S. Army Corps of Engineers
Raleigh Regulato Field Office
FROM: Danielle R. Pender, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 16 November 2000
SUBJECT: Pre-Construction Notification Application for Residential Lake Construction Northmont
Estate, Randolph County, Action ID: 200021111, DWQ ID No. 000617
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject pre-construction notification application. An on-site investigation of the project area was
conducted on 24 July 2000. Our comments are provided in accordance with provisions of the Clean
Water Act of 1977 (as amended), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131 et seq.).
WWS Development Corporation has proposed to fill and flood approximately 1,960 linear feet
(If) of stream and 0.5 acres of wetlands for the construction of a residential lake. The applicant has
reduced impacts from a previous application for 2,740 If of stream and 0.698 acres of wetland impacts,
which NCWRC commented on in the past (Danielle R. Pender, 7 August 2000). This project will impact
Greenes Branch, a Class WS-11 tributary to Back Creek Lake, a water supply reservoir for the city of
Asheboro. The intended purpose of this proposed 9.20-acre lake (reduced from 16.5 acres) is for
recreation and aesthetics for future residents of the Northmont Estate subdivision. Tile reduction in lake
acreage will allow for nine lots to have lake frontage rather than the 12 lots originally proposed. A total
of 23 lots are proposed on the approximately 75-acre property. The applicant contends that if the lake is
not constructed, the purchase price of the property and the development cost will come close to equaling
the expected revenue, and that demand for the lots would be low.
The applicant proposes to mitigate for impacts by revegetating approximately 1,602 If of stream
banks immediately downstream of the proposed dam and to place deed restrictions on the four lots
bordering this area with a 100-foot buffer area. The applicant also proposes to remove a rip-rap rock dam
built within a section of stream located immediately downstream of the roadway crossing, on the east side
of the property, and to revegetate approximately 55 If of stream in this location.
Greenes Branch has a watershed of approximately 771 acres of forest, farmland, and low-density
residential development located in the Yadkin-Pee Dee River Basin. This perennial stream contains
Mailing Address: Division of Inland Fisheries • 1721 Mall Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
Page 2
16 November 2000
Northmont Estates
Action ID: 200021111, DWQ ID 00617
quality riffle and pool habitats with a predominantly cobble and gravel substrate. The channel appears to
be stable, and the stream currently has an undisturbed forested riparian buffer of at least 50 feet on either
side of the stream. Mayflies and other aquatic insects, and other macroinvertebrates, such as crayfish and
agIiatic snails were all observed inhabiting the stream. Although likely to occur, stream fishes were not
visually observed due to turbid water conditions on 24 July 2000. There are records for the existence of
the state significantly rare Piedmont indigo-bush (Amorpha schwerinii) located within or near the project
site. A Significant Natural Heritage Area (SNHA), Back Creek Mountain, also occurs near the project
area.
We appreciate the efforts of the applicant to minimize impacts. However, we do not feel that
impacts to fish and wildlife are outweighed by the construction of a lake primarily to benefit future
recreational and property values of Northmont Estate residents. The applicant states that with continuing
residential development upstream from the site, the lake will provide a buffer for hydraulic surges, buffer
runoff from a fully developed urban area, and help protect the City of Asheboro's raw water storage lake
located immediately downstream. Similar effects may be achieved by leaving large natural undisturbed,
forested buffers along Greenes Branch of at least 100 feet. Furthermore, routing stormwater to
bioretention structures for treatment (i.e., rain gardens), allowing infiltration into the riparian areas, and
maintaining predevelopment hydrographic conditions will assist in protecting water quality and
additionally reduce hydraulic surges. Although we encourage the revegetation of stream banks and the
placing of 100 foot buffers in deed restrictions, we question the appropriateness of this serving as
complete mitigation for discharge of fill material and water impoundment.
We would prefer that the stream and adjacent wetlands remain in their natural state with 100-foot
native undisturbed, forested buffers. This scenario would best minimize impacts to fish and wildlife and
additionally provide water quality benefits. If the permit is issued for the proposed project, we request a
4-6-foot wide littoral shelf, planted in native herbaceous aquatic plants, be constructed along the edge of
the lake to help mitigate some of the lost wetland functions and aquatic habitat. In addition, a 50-foot
buffer of native trees and shrubs should be planted around the lake to provide avian and terrestrial habitat
and to reduce exposure of the water surface to sunlight.
Thank you for the opportunity to review and comment on this project. If we can provide further
assistance, please contact our office at [phone].
cc: John Dorney, Wetland Scientist, DWQ
Steve Hall, Zoologist, Natural Heritage Program
.f
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
Attachments
cc: Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
James Bivins, 147 A Dublin Square Road. Asheboro, NC, 27204-4428
000617

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
,&4
D E N R
November 14, 2000
DWQ# 00-0617
Randolph County
Ms. Billy Wilson.
428 Fayetteville St.
Asheboro, NC. 27203
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Wilson:
You have our approval, in accordance with the attached conditions, to place fill in 0.50 acre of wetlands
and 262 linear feet of streams, and flood 1,916 feet of streams in order to construct a lake at Northmont Estates in
Randolph County, as described in your revised application received by the Division of Water Quality on October
19, 2000. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3287. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and
Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For
this approval to be valid, you must follow the conditions listed in the attached certification and the additional
condition listed below.
Deed restrictions or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds in order to assure compliance for future wetland and/or water
impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the
404 Permit (whichever is later). A sample deed notification can be found on the 401/Wetlands Unit web site
at http://h2o.enr.state.nc.us/ncwetiands . This is to include a mandatory 30-foot vegetative buffer around the
proposed lake and other perennial streams, as per Water Supply Rules for WS-II Waters, low density
development;
2. The proposed lake must be designed to support aquatic life (i.e. littoral shelves). An as-built plan must be
provided to the Division of Water Quality's Central Office in Raleigh and Winston-Salem Regional Office
(WSRO) (585 Waughtown Street, Winston-Salem, NC, 27107, attn: Jennifer Frye) upon completion of
construction of the lake. The final version of the lake design must be approved in writing by the WSRO.
Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
conforming to Chapter 156 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask
for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
Attachments
cc: Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
James Bivins, 147 A Dublin Square Road, Asheboro, NC, 27204-4428
000617
Wetlpnds Tracking
Facility Name W.W.S. Development : Northmont Estate I County Randolph
Project Number 00 0617 County2
0Inactive Region Winston-Salem
Project Type purpose of dam and lake ( DCM Office
Location Greens Branch I COE Office Raleigh
i
401's Last Total Total Total Mit Recvd Sent to Recvd Action 401 401 Totals Mit
Recvd From Date Region Region Date Last Action Acres Feet Acres Feet
APP 5/12/2000 10/25/2000 7/25/2000 Hold' 401
r --I
i i I I i I I I 401
Total for Project:
Inspections/ Violations
Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St

MEMORANDUM
a
TO: John Dorney
Non-Discharge Branch
Regional Contact: Jennifer Frye
WQ Supervisor: I acr; Goble
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name W.W.S. Development : Northmont Estate
Project Number 00 0617
Recvd From APP
Received Date 5/12/00
Project Type dam and lake
County Randolph
County2
Region Winston-Salem
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F ,092.00
F 39 Stream O Y OO N 13 2 3-3 1 WSII 30 709. 2
F-F o Y ON F-f -F-F-I-F-F-
Miticlation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y t9 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y * N
Is Mitigation required? Q Y 6 N Recommendation: Q Issue0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 354439 Longitude (ddmmss) 795011
Comments:
The WSRO recommends that this WO Gertification he issued for the dam I'll (132 L F) and water
jm' dment (1960 LF) for this eject with the following c:onciitions:
1) The have deed restrictions placed on all remaining lots wit Jurisdictional waters - This is to
include a MANDATORY 30 font yeaetat*ye buffer around proposed lake and other rlerennl 11
waters, per Water Supply Rules for WS-11 waters - low density dev lopement.
21 The pond must be designed to support aquatic life littoral shelves). If not, mitigation should be
required
Recvd By Region 10/31/2000
cc: Regional Office
Central Office Page Number 1
Facility Name W.W.S. Development : Northmont Estate County Randolph
Project Number 00 0617 Regional Contact: Jennifer Frye
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
MARZIANO & MINIER, P.A.
147A Dublin Square Road Post Office Drawer 4428 Asheboro, North Carolina 27204-4428
CONSULTING ENGINEERS
PHONE: [phone]
FAX: [phone]
HIRAM J. MARLIANO, P.E.
JAMES BIVINS, P.E. (ASSOC)
EVAN R. MINIER, P.E. (RETIRED)

October 17, 2000
Mr. Kenneth Jolley, Chief
Raleigh Regulatory Field Office
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
Re: Proposed Lake - Northmont Estates - Asheboro - Randolph County
Dear Sir:

Please find attached the following information on the above referenced project:
1. A revised Preconstruction Notification Application for the above referenced project. This
application has reduced the total impacts to 0.5 acres of disturbed wetlands with 262 linear feet of
stream bed being filled and 1,916 linear feet of stream being flooded.
2. A map showing the proposed impact area as well as the proposed mitigation area.
This project has been previously submitted twice with the first submittal on May 8, 2000 and the second
submittal on June 22, 2000. The first submittal called for 600 linear feet of stream channel to be filled and
3,040 linear feet of stream channel to be flooded. The second submittal called for 240 linear feet of stream
channel to be filled and 2,800 linear feet of stream channel to be flooded.
In order to minimize the wetland impacts, the developer has now relocated the dam further upstream, with a
proposal to fill 132 linear feet of stream channel and flood 1.960 feet of stream channel. We have also
included in this application an existing roadway crossing that was previously permitted for.06 acres of
impact to jurisdictional waters but was only constructed with .0298 acres of impacts.
The developers willingness to relocate the dam upstream has greatly minimized the impact on the existing
creek. Also, the construction of the lake in this location should improve the overall water quality of the
stream down below the dam. With the continuing residential development that is occurring in this
immediate area upstream the addition of this lake will provide a greatly needed buffer for hydraulic surges
as well as buffering runoff from a fully developed urban area. This proposed lake should also help protect
the City of Asheboro's raw water storage lake immediately downstream.
The area immediately downstream from the proposed dam site has had the timber removed and been
partially cleared. The developer is proposing to offer the complete revegetation of the stream banks as well
as a buffer area adjacent to the streams. This restored area would consist of a strip of land approximately
with a length of 1,602 linear feet along the existing stream banks. The developer is also proposing to
restore a section of stream that is immediately downstream from the roadway crossing on the east side of
the project. This section of stream is approximately 55 feet long and has had a rip rap rock dam built
within the stream to prevent siltation from moving downstream. The developer is proposing to remove the
silt and the rock dam from the stream and revegetate the areas. The project has approximately 4,100 linear
feet of stream on the site with 2,178 linear feet being impacted by this project. The remaining 1,922 feet
will be restored to its original condition with the exception of the 320 feet on the eastern end of the project.
Mr. Kenneth Jolley, Cliicf Page 2
Raleigh Regulatory Office October 17, 2000
This portion of the stream remains in relatively undistributed condition. The restored portion of the stream
will be protected with deed restrictions that prevent any disturbance of the revegetated buffers.
The developer purchased this particular piece of property several years ago with the understanding that she
would be allowed to construct a lake. Without the lake the purchase price of the property and the
development cost will come very close to equaling the expected revenue from the sell of the lots after sales
commissions are removed. The developer has currently constructed approximately 2,000 linear feet of
roadway for approximately $248,500 with approximately $50,000 of this amount being used for the stream
crossing. This averages out to approximately $100 a foot which is normal for this area for a roadway with
all utilities. This would indicate that the total development cost will be in the range of $396,000. With
land cost of $350,000 and interest of $60,000 the total development costs now rises to better than $800,000.
The return on the 23 lots less sells commission computes to be around $828,000 which is basically the
same as the development cost.
Another problem that occurs without the lake is that there will no demand for these lots. Unless the lots
sell in an reasonably short period of time, the developer will face a substantial lose on the project.
By relocating the dam upstream of the original location, we now have only 9 lots with lake frontage. The
sale of these 9 lots will allow the developer to recoup the development cost and would serve as a nucleus
for the complete build out of the project. This alternative to the original proposal meets Nationwide Permit
#39 Guidelines as well as restores 1,657 linear feet of existing streams to its original condition. We trust
that this proposal will satisfy any compensatory mitigation for this project.
We are also attaching copies of letters of compliance with local regulatory ordinances for your information.
Please contact me as soon as possible if you have any questions concerning this application.
Sincerely yours,
MARZIANO & MINTER, PA
ames F. Bivins, P.E.
JYP
cc: John Domey, Water Quality Section ( 7 copies)
1621 Mail Service Center
Raleigh, NC 27699-1621
Ms. Billie Wilson
r I
DEM ID: _ CORPS ACTION TO:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT R):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
I) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COOROMATION WITH THE NC DIVISION OF COAST.' Mz,,vAGu"1ENT
SFI;-- THE ORIGINAL AND (1) COPY OF THIS COMPLETED FOR24 TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF E:1CIN_EfRS ($E7 AG NCY ADDRZSSES SHEET) SEVEN (7) COPIES SROULD $F
SF-NT TO THE N.C. DIVISION OF F2;VZRO*IME,*1TAr 'WAGE.vr,N- (SEE AGE
or.PA C NCY ADDRESSES SHEET).
rn ' I. OWNERS NAME: Ms. Billy Wilson, Secretary, WWS
2- MAZLING ADDREss: 428 S. Fa etteville St.
SUBDIVISION NAME: N thmont Estate
CITY: Asheboro STATE: NC ZIP CObE: 27203
?ROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IS DIFFERENT FRQM
MAILING ADDRESS ABOVE)..
3 . TELEPHONE NUMBER (HOM$) : [phone]
4- IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATEKOFFIC16) 629-6828
ADDRESS, PHONE NUMBER:
LOCATION OF WORK (PROVIDE A MAP, ?Qc'-ZpaLy A COPY OF USGS
AERIAL PHOTOGRAPHY WITH SCALE): TOPOGRAPHIC MAP OR
COUNTY. Randolph N'F- REST TOWN OR CITY: Asheboro
SPECIFIC LOCATION (INCLUDE ROAD NUMBER

(1504
S o
_to .$_t_.
and
Rd.
on S, LANDMARKS, ETC.) f o Rd.
US Hi hwa 220, which is approx. 3 mi- N. of Asheboro, Go W. on
.2 mi to Lt on Northmont Dr 1517 & South 0,6 mi. on Northmont Dr
Mountain Val ley Dr-,f, 0.2 mi. to End
6. IMPACTED OR NEAREST STREAH/RIVER
RIVER BASIN: Yadkin : C:raans Branch
)a• IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HICH QUALITY WATERS (HQW), OUTSTANDZNG RESOURCE W&TERS,(ORw), HATER SUPPLY
(WS-I OR WS-IZ) ? YES (X ) NO ( ) IF YES, EXPLAIN: Dam is on a Tributory to Back
Creek Lake, a water supply to City of Asheboro
?5 IF THE PROJECT Is LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAf. MANAGEMENT
ARE OF ENVIRON-MENTAL CONCERN (AEC)7
Yes ( l No ( X )
??• IF THE,PROJECT IS LOCATED WITHIN A COASTAL COUNTY
COUNTIES) , (SEE PAG._.r 7 'CR LIST OF COASTAL
WHAT IS THE LADID USE PLzN (LUP) DESIGNATION:
ad- HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES ( ) NO ( I IF YES, PROVIDE ACTION 2.0. Ni1MBER OF PRZI/rOUS PERM_TT A:vo ANY
ADDITZONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) : c)9921263
Photo Co attached)
'b• ARE ADDITIONAL PERMIT REQU;;STS EXPECTED FOR THIS PROPERTY IN
YES ( ) NO (X ) IF YES, DESCRIBE ANTICIPATED WORK- THE FUTURE?
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 75 ±
98. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10A' NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: 0.910
FILLING: .EXCAVATION:
FLOODING: 0-4399 OTHER:
---------------
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.500
108_ (1) STREAM CHANNEL TO BE ZMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 2178 ,+, AFTER: 0
WIDTH BEFORE (based on nornal high vacer contours); T
WIDTH AFTER:
CT
AVERAGE DEPTH BEFORE: ?T AFTER:
CT
(2) $TQCAM (^S.(A tir*tcr TA onrTS trJTT r A S()T,T ?q()N;
(CHC
ECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF P*_PE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A OAM/FLOOD ING: X
OTHER;
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? 771 ac
WHAT IS THE EXPECTED PONT) SURFACE AREA?
12. DESCRY°TZON OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF M£CKkNICAL FQUIPMENT
TO BE USED (ATTACH PLANS: 8YS" x I1• DRAWINCS ONLY) Pro'ect is 30' high Earth Fill Type
am w 2' tand n; na 9 '4ti , .
onst. E
Equipment
I]- PURPOSE OF PROPOSED woRK: To construct a Lake for a proposed Residential Developmen

I,.i_LJ;;? •_-;Y
`1f'), ? .'-SU'B',' t!'' J2r GUT i;?
,
'1}Y' Q?1Sr?LY,rt.lCll of. dC II FCC 3 ]lt CC' TAK: lr) Mlfl(MT? _
Wl 1 Ct 11 CL ['Icodl-r •• • .;
- - - - of tik-- S(:Cep in
Lh
- Vall
-
ey.
---?_ -
-
ARE REQUIRED TO CONTACT THc
U
?-
._
S.
NATIONAL ;j,?R FISH AND WILDLIFE' (L',ct
INE FISffE:1ZE5
ScRVIC? (PIMF'S1 (SEc AGENCY P ?OR?S "
•• •=? •?•^! cDEiv: -'?-+ ?ifcE;T) REGARD,NG
TH:cEhTEVcD SPc - CJ?D FOR LISI'I:JC F:JDANGEREp OR
CI_?3 OR CIRTICAL
HABITA"." 'N 'r-4L' PERMIT AREA TFUIT ttgy DF AF Fc
THE PROPOSED PROJECT"
C7E v
DATE CONTACTED: NSA ?
(A 1AC?1 RESrONSES FRO i ThESE ADEN
I G. YOU AQE REQUIRED TO CONTACT THE
HO
STATE
AG-Cy ,?pRESSES SHEE HISTORIC PRESERVATION OFFICER (SHPO) (
T) REGARDI

Scc
-f-
NG THE PRESENCE OF HISTORIC PROPERTIES LN THE
PERMZT AREA WHICH KAY SE AFFECTED
BY THE PROPOSE
DATE CONTACTED; A D PROJECT.
17. DOES THE PROJECT INVOLVE AN E.'CPE
--NDITUItE
OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES ( 1 NO ( X 1
(IF NO. GO TO I e)
d. IF YES. ODES THE PROJECT
c-
R,.
QUI2=l P2E?AR;,iiON OF AN ENVIRONt-,FNTAI, pOCU:•1E
?Uc2SUANT TO THE REQUIREMENTS
Y-r
.
OF THE NORTY CAROLINA ENVIRON%,fENrAL
YES ( ) NO (
PO
1 LILY ACT?
b. IF YES, HAS THE DOCUMENT BEEN
RFVTEWE'D
OF ADiYINISTRA
THROUGH THE NORTH CAROLINA pEppAThtc?!-I•
TION STATE CLEARINGHOU
SE? YES ( 1 NO ( 1
E AV,S*,JER TO 17b is YES.
7 ARI^/GR.OUE TO DIVISION THEN SUBt?fIT AP.°ROPQLAT? DOCIRIEN'TATT
C
E
'
-LEAR
,
EN
'
V_RONMrNTkL ON FROM THE STATE
CAROLINA
ENVLRON v--NT.kL POLI
M!`NAGEMEN'1 REGARDING
CY ACT
COMPLIANCE WITH THE
QUESTIONS REGARDING THE STATE -r
-?cJi.4IhGNOUSc REVIEW
''(RYS BACCETT, DIRECTOR
PROCF
STATE
"DMINI? CLEARINGHOUSE, SS S OfJI.D 3E DIRECTED TO HS.
?TRATION, 116 WEST JONES E• NORTH CAROLINA D
EPARTMENT
" 919) 733-6369. STREET, R4Lc IGi(
NORTH
,
CAROLINA 26038003,
TELEPHONE
18 . THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS &P
INVOLVES THE DISCF(ARG
PON
LIC.ATI
E OF EXCAVATED OR FILL HATEQIALINTO
IF PROPOSED ACTIVITY

E
W
,TL,LNDS:
a• WETLAND DELINEATION
KAp SHOWING ALL
PROPERTY (FOR NATIONWIDE
tis
' LAKES
PERMIT NUi(AERS 14. i8, 21
UND
S
STREI?S (INTEMITTF_N'r 21
ON THE
26
A
N[)
2
O
A
L
,
,
9, aN
JB
MAP SCALES
orR-` k.NFNT) ON THE PRO[ERTY F(UST 0
SHOU[,p Be 1 INCH

S
H0
'
EQUIVALENT
EQUALS 50 FEET OR 1 INCH
THE t'.A P.
e
FE
ET
EQUAI S 10
0 [_T
OR THETA
b. IF AVAILABLE. REPRESENTATIVE
PHOTOGRAPH OF WF:T(,ANDS TO BE IMPA( T, ED BY PR
c LF OELINEJITZON
CI - r
N
TION
WAS PERFO
TO THE
A
PE?MENT
OF THE "ED aY A CONSULTANT. INCLUDC L S I(
C
pELINEATI
DATA
!
ON LINE,
?GETS RF.I,FVANi'
ATTACH A COPY OF THC .. MANAG
TO(it?S?.lATER
Y1•f E
•
k?'e jtk
w,? •'
N
C PLAN L F { ? RED
?'?a < ?`'r

e. WHAT IS LAND USE OF SURROUNDING PROPERTY? PnrPqt & Residential Development.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? S e D iC T? n]C
F. D-rAin Piz I
9. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER. IF APPLICABLE.
NOTE, WETLANDS OR WATERS OF THZ U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCk; OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MAtIAC?*tE,ti+T
(WATER QUALITY) CERTIFICATION,
R S/AGENT S SIGNATURE 7-
(AGENT'S
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
(1) Moved dam to a point approximately 300' upstream. 6/21/00
??
OWN (AGENT'S SIGNATURE VALID ONLY

Cltp of Azbeboro
146 ,0ortO Ourct; *treet
V (9 T8ox 1106
Rzbeboro, ,Q. C. 27204-1106
October 17, 2000
To Whom It May Concern:
Eel: 336 -626 -1200
,fax: [phone] S
There are currently no violations to the City of Asheboro Watershed
Regulations in the Northmont Subdivision as developed by Wilson Realty
and Construction, Inc. f

R. R"]
Planning
?inme of N (n Zoological Farb
RANDOLPH COUN?Y [phone]
DEPARTMENT OF PLANNING & DEVELOPMENT FAX: [phone]
Randolph County Office Building • 725 McDowell Road • P. 0. Box 771
Asheboro, North Carolina 27204-0771
October 17, 2000
Billie Wilson
428 South Fayetteville Street
Asheboro, NC 27203
REFERENCE: Northmont Estate
Randolph County
Dear Ms. Wilson:
As per our conversation, this is to advise that the above referenced subdivision is located
within the regulatory extra-territorial zoning jurisdiction of the City of Asheboro. As such, this
County does not enforce watershed or other land use ordinance at this site.
Sincerely,
Hal Johnson, Director
Planning & Zoning
HJ/Ipw
-TOLL FREE NUMBERS-
Greensboro-Liberty: 218-4555 / Archdale-Trinity Area: 819-3555
c z ° c;?????? ti's ?' ?C\? I ?'• ?? ?cJ 07 1
?? JJ Snob
,
N?y?1S3M
,I
T
?l. _"O ? ? _ - ? ? /??, •. ? 3 aY II bad .fir
L-_? 7 r. y tANE? -
VNI
-- -
CJ ? ?
-ct
' I? C - __ 'ter \ ?---? ? ? ? -" W
? L 1; 7/ yy gyp,, ? 1 .
o pL .
ILI
•
LLI
\ >
Ld
•?y O
C)/
w _
11
FROM
HENRY LIEBSTER 1 PHDIE N0. : 919 e35 36? 93 365 Mar. 21 2000 09:43PM P1
U.S. ARMY CORPS OF ENGINEERS
Wilmington District vx?
GENERAL PERMIT REGIONAL AND NATIONWIDE VERIFICATION
Property Authorized
owneW.W. S. Development Corp. AgenHenry M. Webster P.E., R.L.S.
Northmont Estate Subdivision
Action ID:1 9992 1 26 3 Countv: Randolph Address: 428 South Fayetteville St
Asheboro, NC 27203
Telephone: [phone]
Address: P.O. Box 6174
Raleigh, NC 27628
Telephone: [phone]
Size and Location of Property (Waterbody Ilizhway name/number, ttown,- etc): W.W.S.
Development Corp. proposed Nortbrnont Estate subdivision located off of Mountain Valley Road,
adjacent to Greenes,Branch Creek, near Asheboro, b3 Randdph County, North Carolina.
Description of Activity: Access road construction for Northmont Estate Subdivision resulting in
approximately 0.06 acres of impacts to the jurisdictional waters of Greenes Branch Creek.
_2L-Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
_ Nationwide Permit Number N 14
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and or appropriate legal action.
This Department of the Army Regional General / Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
appirovals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact John Thomas at telephone number [phone], exten4on 25.
Regulatory Project Manager Signature -- 16441,
Date Am= 20. 1999 Expiration _ Autgt 20.2001
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF:
R0

vunoav0 RIHON •oao93x SV ; •?+„',,,"U??.:'•.,
/ayr?y?plQjO? Sa MIDNa ONLLInSNO3
?'d 'c1?INIj^j's' ONt'17,2It'w
,•
0
N NZ
avoa'38rUN
oI
a, o
W
G
J
7-
S ?
0

Q
o2
?a
zN
0
W
r LL
m °
z W
°LL
QLL
z 0
J =
W ?
O W
J
N Q
ocr
zW
a
r
w I- LJ
W W o
° 30u
z

V
O
I a
a
gf
5 oa •?°i
h °'.ol°n°n S
z p
° wa°••o0
b o,.y
o?
v e?
M a?
VNI-TO?I` D HINON -,kLNnO:) Hd-IOQNd2I
dIHSNMO.L )iflflNJ )IDVo
HIVISI INOWHI'd* ON
1XV'I QFISOdOdC[

n
J
/ J
^/• mw?s .off

• K i ..
\
; R

-n
\ 0- ,, \\.
r ?
I I
\ \ I
oft
Ilk
i i
}1Jp 1[7e ) ? ?` I
a0
I
Ikjlk
CI
Q
U
C
Q
W

<J
? I
SIZ
n
/V/" % %
Sk -k
Q \
%

P.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
July 19, 2000
JAMES B. HUNT JR. Certified Mail 7099 3220 0006 8505 7609
GOVERNOR Return Receipt Requested
Ms. Billie Wilson
BILL HOLMAN 428 South Fayetteville Street -
SECRETARY Asheboro, NC 27203
SUBJECT: Request for Additional Information ?L
KERR T. STEVENS Northmont Estate
DIRECTOR DWQ Protect #00 0617
Randolph County
Dear Ms. Wilson:
The Division of Water Quality has reviewed your plans for the discharge of fill
material (240 linear feet) and water impoundment (2800 linear feet) of Greenes
Branch, Yadkin-Pee Dee River Basin, Class WS-II, for the purpose of recreational
pond construction. Insufficient evidence is present in our files to conclude that your
project must be built as planned in waters and/or wetlands in accordance with 15A
NCAC 2H .0506. Therefore, unless modifications of the proposal are made as
described below, we will have to move toward denial of your 401 Certification as
required by 15A NCAC 2H.0507(e) and will place this project on hold as incomplete
until we receive this additional information. We are requesting (by copy of this letter)
that the U. S. Army Corps of Engineers place your project on administrative hold.
(1) Please provide us with information supporting your position that states
your project must be constructed as planned and that you have no
practicable alternative to placing fill in these waters and/or wetlands.
Documentation such as maps, narratives, economic analyses, that you
can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification request.
(2) Please provide documentation detailing your position that the project
has been designed such that adverse impacts to surface waters have
been minimized and existing uses have been protected to the best of
your ability.
(3) Please provide documentation addressing compliance with any local
(City of Asheboro and/or Randolph County) Watershed Protection
Ordinances.
565 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

Northmont Estate
Page 2
(3) The linear footage of stream impact for the previously permitted road
crossing (USACE Action ID# 199921263) must be included with your
total stream impact footage. The road crossing impacts (linear footage)
must include the downstream extent of the rip-rap energy dissipater and
streambank stabilization.
(4) The project will also require compensatory mitigation for the proposed
dam fill (240 linear feet) plus the existing road crossing impacts as
described in 15A NCAC 2H.0506(h). Your mitigation proposal is
insufficient since none was proposed.
Please respond within three weeks of the date of this letter by sending one
copy of this information to me and one copy to John R. Dorney, 4401 Reedy
Creek Road, Raleigh, NC 27607. If we do not hear from you in 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 regarding this matter, please contact Mrs.
Jennifer Frye or myself at [phone].
Sincerely,

Larry D. Coble
WQ Regional Supervisor
cc: Mr. Jim Bevins, Marziano and Minier, PO Drawer 4428, Asheboro, NC 27204-4428
Raleigh Field Office, US Army Corps of Engineers
Wilmington Office, US Army Corps of Engineers
Wetlands/401 Unit Central Office
Central Files
WSRO
KC(1RC,HCP,FALLS LAKE TEL:[phone] Aug 07'00 17:11 No.002 P.01
, fir ra. y?. ?1,? •? _
?""•-"" "?r' '?' r" "••?'"""'°°''"""''"'r" " ` "" C Wildilte Resources COmmlSSiO11 •
?1.0'1/ E •R~ 4 '?' ~' ` " Habitat Consorvatlon Program
•;.,. •: -:yf. :?.: .., . _ . ' -._ 11421-86 Service Goad ...
Falls lake Office :O? Creedmoor, NC 27622
'ka i?°S? _ .? - ?_»it?.. ... ?. ...?•, ...ter.-.•?••`.,•„ .. ..?..,..• ..?-.. :?.•r."?. ..•
., .r Date - 600-----.-
Number _ : -•.:' _
+' `? ' • Number of pages lncludin9 cow ihlit a'" _•' -
i]\a'r?1't7.1Z/:J:J _ ._ .. v ?l:r: tV _ i .. ., • .r . ?. •, Va A . .. .,?
.. - yC..? _,. .- .4, r_Y w y rfJV/.a.T ?r_ • r r .A r .. ..
OM:
_ f
Phone P1 ON
Fox Phone Fa x Phone
CC: '
910428.9886
919-5284839
? Urgent ? For your review ? I Reply AAMP , ? Please comment
o D.,
_ ...w•. .. ._.w r.j,?r •w ..?•.•t-w r.rr.._.. r... rr r. s.,?!•I
1C1(RC,HCP,FALLS LAKE TEL:[phone] nug 07'00 17:11 No.002 P.02
North Carolina Wildlife Res urces Commission:
C:harlas R. Futlwood, Executi Director
MEMORANDUM
TO: John Dorney
Supervisor, Wetlands/401 Water Quality lQertification Unit
Division of Water Quality
FROM: Danielle Pender 044--1_.P
Piedmont Region Coordinator
Habitat Conservation Program
DATE: 7 August 2000
SUBJECT: Pre-Construction Notification Application for Residential Lake Construction
Northmont Estate, Randolph County, DW ID No. 000617
Biologists with the North Carolina Wildlife Reso es Commission have reviewed the
subject pre-construction notification application for Section 401 Certification. An on-site
investigation of the project area was conducted on 24 Jul 2000. Our comments are provided in
accordance with provisions of the Clean Water Act of 1917 (as amended) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 P.S.C. 661-667d).
Ms. Billie Wilson, on behalf of WWS Development Corporation, has proposed to fill and
flood approximately 2740 linear feet of stream for the ctuto ction of a residential lake. This
project will impact Greenes Branch, a Class WS-II trlbu Back Creek Lake, a water supply
reservoir liar the city ol'Asheboro, The intended purpwac w "us proposed 16.5-acre lake is for
recreation and aesthetics for future residents of the Northmont Estate subdivision.
Oreenes Branch has a watershed of approximate) 771 acres of forest, farmland, and low-
density residential development located in the Yadkin-Pe Dee River Basin. This perennial
stream contains quality ril1le and pool habitats with a pr ominantly cobble and gravel substrate.
The channel appears to be stable, and the stream current) has an undisturbed forested riparian
buffer of at least 50 feet on either side of the stream. Ma flits and other aquatic insects, and
other macroinvertebrates, such as crayfish and aquatic s t Is were all observed inhabiting the
Mailing Address: Division of Inland Fisheries* 1721 Mail Se ice Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 e F : [phone]
/CI/RC,HCP,FALLS LAKE
Page 2
7 August 2000
Northmont Estates
DWQ ID 00617
TEL:[phone]
Aug 07'00
17:12 No. 002 P.03
stream. Although likely to occur, stream fishes were not ivisually observed due to turbid water
conditions on 24 July 2000. i
In order for us to provide appropriate comments ?garding this proposed project, we
request the following additional and required informatio to be provided by the applicant.
1. A detailed justification of the proposed 4rees ect and an analysis of project
alternatives explored by the applicant. "fly, it is our understanding that this
lake is to be constructed solely for its' Sts to future recreational and property
values of immediate Northmont Estate ent s.
2. A description of the proposed mitigation f¢r project impacts. If 401 Certification
for this project is granted, we request that ligation measures be directed
towards replacing lost water quality func4t and aquatic habitat in the
immediate impacted watershed.
3. Written documentation from the City of heboro and Randolph County that the
proposed project is in compliance with 1 rules and ordinances pertaining to
development in the water supply watc-- critical area.
4. Written response from the U.S. Fish and *ildlifo Servicc regarding the presence
of any federally listed spades, "proposed r listing" endangered or threatened
species, or critical habitat in the permit area. It is unclear why an answer of
"N/A" was listed on the permit applieatio4
5. Written response from the State Historic P reservation Officer (SHPO) regarding
the presence of historic properties in the p =it area which may be affected by the
proposed project. Again, it is unclear why an answer of "N/A" was listed on the
permit application.
Thank you for the opportunity to review and eo ent on this project. If we can provide
further assistance, please contact me at [phone] o Ron Small, Assistant Fisheries
Biologist, at [phone].
cc: Mr. John Thomas, Corps of Engineers
Ms. Billie Wilson, WWS Development Corporati Ti
Re: 401 - Northmont Estates
Subject: Re: 401 - Northmont Estates
Date: Wed, 02 Aug 2000 10:00:49 -0400
From: Jennifer Frye <[e-mail]>
Organization: NC DENR Water Quality
To: "Ronald J. Small" <smallrj @interpath.com>
CC: "Cyndi.Bell" <[e-mail]>
Thanks Ron,
Billie Wilson called me yesterday. She had received my request for more info.
and evidently did not read it closely. She thought that all she needed to do
was to pay WRP and she would get her certification. She just does not want to
hear what the Corps and DWQ are telling her. The Corps has sent her another
letter (7/20) telling her that her project is ineligible for a Nationwide
Permit and that she will have to apply for an IP. When I talked with her
yesterday, she could not (did not) want to understand that. I'll keep you
posted.
Jen
\"Ronald J. Small" wrote:
> Jennifer,
> Attached are our comments (mailed to John Dorney on 7/25/00) regarding the
> proposed residential lake at Northmont Estates in Asheboro. Many of our
> concerns are the same that you addressed in your letter dated 7119100
> requesting additional information.
> Ron Small
> Assistant Fisheries Biologist
> NC Wildlife Resources Commission
> Name: 401-northmont.doc
> 401-northmont.doc Type: Winword File (application/msword)
> Encoding: x-uuencode
Jennifer Serafin Frye
Division of Water Quality
NC Department of Environment and Natural Resources
Winston-Salem Regional Office
Winston-Salem, NC 27107
Voice: 336-771-4608 ext. 275 Fax: [phone]
1 of 1 8/2/00 10:32 AM
Wetlands Tracking

Facility Name W.W.S. Development : Northmont Estate County Randolph
Project Number 00 0617 County2
0Inactive Region Winston-Salem
Project Type purpose of dam and lake I, DCM Office
Location Greens Branch I COE Office Raleigh
401s Recvd
Recvd From Date
5112/2006
Sent to Recvd
Region Region
Last
Action
Date Last Action
Total Total
401 401
Acres Feet
Total Mit Total
Acres Mit
Feet,401
401w Inspections/ Violations
Inspection Date Inspector Compliant
r-
Total for Project:
Letter Type Date Sent Reply Date
Current St
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
ILFWAA
1 • •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 21, 2000
Ms. Billie Wilson
428 S. Fayetteville St
Asheville, NC 27203
Dear Ms. Wilson:
Subject: 401 Water Quality Certification
Northmout Estate
Randolph County
DWQ # 000617
On May 8, 2000 you wrote to the Division of Water Quality requesting a 401 Water Quality
Certification for your project to fill 0.836 acres of wetlands for construction of Northmout Estate in
Randolph County. The U.S. Army Corps of Engineers has informed us that this project will require and
Idividual Permit rather than an Nationwide Permit. We cannot continue to process your application until
the Corps begins the permitting process. Therefore I must hereby place this project on indefinite hold until
you and the U.S. Corps of Engineers gather the necessary information to develop an acceptable DCM
permit application.
If you believe that this decision is in error, please call me at 919-733-9646 to discuss this matter.
rnn Dorney
ality Certifi tion Program
Cc: U.S. Army Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Jamie Prale; Marziano & Minier
Central Files
File Copy
Wetlands/401 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone]FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
WSW Deve opgWNorthmont Estate 00 0617, Randolph Co.
Subject: WSW Development/Northmont Estate 00 0617, Randolph Co.
Date: Fri, 09 Jun 2000 13:48:56 -0400
From: Jennifer Frye <[e-mail]>
Organization: NC DENR Water Quality
To: John Dorney <[e-mail]>, Cyndi Bell <[e-mail]>
FYI, Just received a copy of the Corps letter elevating this project to
an IP. (you might already have your copy)
Thanks,
Jen

6/9/00 8:23 PM
00 0617, WSW Development/Northmont Estate, Randolph Co.
Subject: 00 0617, WSW Development/Northmont Estate, Randolph Co.
Date: Mon, 05 Jun 2000 11:12:52 -0400
From: Jennifer Frye <[e-mail]>
Organization: NC DENR Water Quality
To: Cyndi Bell <[e-mail]>
CC: John Dorney <[e-mail]>
Hello to you both --
Cyndi, Congratulations! I'm not sure when you'll be in the office so I
am copying John on this. By the way, I remembered a GREAT restaurant in
Florence - cheap, tons of excellent food ( I had the veal piccata):
Trattoria de GiorQio
back to work - I just received a copy of the Corps letter to these folks
elevating the project to an IP. I also spoke to the developer last week
and she said that they would probably forget the whole project instead
of going through with the IP. I told her that if she wanted to withdraw
the project, to let us know in writing.
Ciao!
Jen
1 of 1 6/6/00 1:38 PM
WWci,nds Tracking
Facility Name W.W.S. Development : Northmont Estate County Randolph ^j
Project Number 00 0617 County2 _
0Inactive Region Winston-Salem
Project Type purpose of dam and lake I DCM Office
Location , Greens Branch I COE Office Raleigh
j
1
401 s Last Total Total Total
Recvd Sent to Recvd Action 401 401 Total Mit Mit
Recvd From Date Region Region Date Last Action Acres " Feet Acres Feet
401
Inspections/ Violations
Inspection Date Inspector
Total for' Project:
Compliant Letter Type Date Sent
Reply Date Current St
N, Insect.
.,
}

z,?e Pwil?db4}
e Ste'

WSW Development/Northmont Estate 00 0617, Randolph Co.
Subject: WSW Development/Northmont Estate 00 0617, Randolph Co.
Date: Fri, 09 Jun 2000 13:48:56 -0400
From: Jennifer Frye <[e-mail]>
Organization: NC DENR Water Quality
To: John Dorney <[e-mail]>, Cyndi Bell <[e-mail]>
FYI, Just received a copy of the Corps letter elevating this project to
an IP. (you might already have your copy)
Thanks,
Jen
l of 1 6/26/00 12:07 PN,

MARZIANO & MINIER, PA
CONSULTING ENGINEERS
Post Office Drawer 4428
Asheboro, North Carolina 27204-4428
Phone: [phone]
Fax: [phone]
TO: //lk,
/V c' &g4'a. &n r,- /Y ¢ 1V It-- _. , .
;12 10 5 - 16.')4
WE ARE SENDIN 0 -Attached
THE FOLLOWING ITEMS:
-Shop Drawings _ Prints
- Copy of Letter -Change Order
LETTER OF TRANSMITTAL

?26mu
SEGr=,Date= 19 1 P A'
Job No.: v
Re:
Under separate cover via
_ Plans - Samples _ Specifications
-Other
COPIES DATE NUMBER DESCRIPTION
C) n& 4 -0
THESE ARE TRANSMITTED as checked below:
1?1`cr approval -Approved as submitted -Resubmit copies for approval
-For your use -Approved as noted -Submit copies for distribution
_As requested -Returned for Correction -Return corrected prints
-For review and comment -For bids due
COPIES TO:
MARZIANO & MINIER, PA
CONSULTING ENGINEERS
Post Office Drawer 4428
Asheboro, North Carolina 27204-4428
Phone; [phone]
Fax: [phone]
TO:
NC DiNK.- LA01 U_,_
N c- a'1??9- ib a
WE ARE SENDING YOU -Attached
THE FOLLOWING ITEMSs
COPIES TO:
LETTER OF TRANSMITTAL
Dates 5- a s' co
Job No. s b 6S, (-(Z-
Res NN
_ Under separate cover via
-Shop Drawings _ Prints
_ Copy of Letter -Change Order
_ Plans - Samples
-Other
- Specifications
-For your use -Approved as noted -Submit copies for distribution
_As requested -Returned for Correction ,-Return corrected prints
_J n' "?? ? ? ?000
"i1,ANDS GRO+, `
BY:
RZ NO & MINI P.A.
intot mmt mnaniiitu as cnecuea oeiow: Y
-For approval -Approved as submitted -Resubmit copies for approval
-For review and comment -For bids due
MARZIANO & MINIER, PA
CONSULTING ENGINEERS
Post Office Drawer 4428
Asheboro, North Carolina 27204-4428
LETTER OF TRANSMITTAL
Phone: [phone]
Fax: [phone]
O O
TO:
r J c` ?. Gurnc?,S
N\a'?? .-
t.
C' cz?-o vi
WE ARE SENDING Y -Attached
THE FOLLOWING ITEMS:
-Shop Drawings _ Prints
Copy of Letter -Change Order
Date: ,j 9- M
Job No,: c)7ds1
Rol
_ Under separate cover via
_ Plans - Samples _ Specifications
-Other
COPIES DATE NUMBER DESCRIPTION
^/_ h
Y-
THESE ARE TRANSMITTED as checked below:
,for approval -Approved as submitted -Resubmit copies for approval
-For your use -Approved as noted -Submit copies for distribution
_As requested -Returned for Correction ,-Return corrected prints
BY:
C'Aa?? V - &d?L_
P. .
MA N0 & MINIE V
-For review and comment -For bids due
COPIES TO:
I ,.
DEM ID:
()006i7
CORPS ACTION T:7
I
Hullo A
F:.., LIMIJAL ROtlp4
sO Cr(?(v
NATION(JIDC P RMZT REQUEETi_u ( ilOVIDf^!?'i'IC:JWLDc --
PG ERML'r
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) t.OTIFICAT!ON TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERrj ZCATION PAYMENT
PAYMEN
3) COORDINATION WITH THE NC DIVISION OF COAST.k*_ RECEIVED
MIS"IAGFiF "
S He ORIGINAL AND (1) COPY OF TK?S COMPLETED :OR"1 TO THE APPROPRZATE cIcLD OrFICE
nP THE CORP, OF ;7GINEERS (SEE AGENCY A.DORZSSES SHEET) .
SENT TO THE N.C. DIVISION OF ?? SEVEN (7) COPIES SF!p(It,p BE
IRONMFNTA H, ,rNAC;LXEI:T ( SEE AGENCY ADDRESSES SH
Df.FACZ 11 2117" EET) .
• OWNERS NAME : MS- Billie Wilson,, Secretary, WWS
Z. MAILING ADDRESS: 428 $_•..FayettRq lle St.
sU30IVrsION NAME: Northmon-t Estate
CITY: Asheboro STATE: NO ZIP CODE: 27203 '-
2ROJECT LOCATION AJDRTSS, INCLUDING SU30rvISION NAME (ZS DZFFERF1v'I` FROM
MAILING ADDRESS ABOVE):
I. TELcPHONE NUMBER (HOM$) :U36)629-2210
(WORK) : (33_6828
4- IF APPLICABL$: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIA:,,
ADDRESS, PHONE NUMBER:
LOCATION OF WORK (PROVIDE A MAP PRE- .RAaLY A COPv
. OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE) :
COUNTY: Randol h N'F- REST TOWN OR CITY: Asheboro
SPECIFIC LOCATION (INCLupE ROAD NUMBERS, LANDMARKS, ETC.) Ftrom of R9_ 1504
and LE Hi 220, 4Ach is apa=. 3 m1. N. of Aslldxxv,, Co W. cr1
Spwro I?3., 0.2 mi to Lt cn wit Dc.( 1517
& So>>th.0.6 mi. cn %rbwcrit Dr. to Rt cn Maxtain Valley Dr., & 0.2 mi. to Er-d
6 • IM?'ACTED OR NEAREST STREAK./RIVER: C Et1S Brc7i]C}7 - --
RIVER BASIN: - in
?d• IS PROJECT LOCATED NEAR WATER CLASSIcIED AS TROUT, TIDAL SALTWATER
(SA) , HIGH QUALITY WATERS (((Q(-W) CUTSTANDING RESOURCE WATERS; (OKW) WATLK SUPPLY
(WS-I OR WS-II)? YES ( X) NO ( J IF YES, EXPLAIN:
?Il 13 On a 'i?-; t„t rn, to Rrk ??, Lake,,
a meter ! ? y to City of A4vbcro
----------------
? IF THE °ROJFC^ IS LUC'47D wiTHIN Ni??:'H CAROLINA
rviC O'r EIv^?IKOY21tN'fhL CON DIVISIO.J OF COASTAL. MANAGEmeNT`
CERN (AcC) ? YES ( ) NO (X 1
?C. IF THE PROJECT IS LOCATED WITHIN A COASTAL CO(LNTY
CO(.'NTTESI (SEE P,?CE 7 'CR LIST Gc C'vASTAI.
WI(AT IS Tffc LAND USc PLpkI (L.U2) DESIGNATION:
D a . f fA VF ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ( X) NO C ON THIS PROPERTY,
( ) IF YES, PROVIDE ACTION I. D. N1rMEIER OF PRF'I!_*OUS PCR.M!" T ivvu i'.Ny
ADDITIONAL INFOR.`tA:ION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) :1999 21263
(Photo Co attached)
'b. kRLI- ADDITIONAL PEP-MIT Rc, Uc EXPECTED
Q STS :OK THIS PROPERTY IN THE FUTURE?
vcs
( I NO (X) IF YES, DESCRIBE ANTICIPATED WORK-
9A... ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
98. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.910
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0-138 EXCAVATION:
FLOODING: 698 OTHER:
DRAINAGZ: TOTAL ACRES TO BE IMPACTED: 0.8 6
10B. (1) STREAM CHANNEL TO 3E ZXPACTED BY THE PROPOSED PROJECT
DISTANCE BOTH BEFORE (IF RELOCATED, PROVIDE
AND AFTER RELOCATION)
LENGTH BEFORE: ?40 F'+ .AFTER: 0WIDTH BEFORE (based on normal high water conco rs T
WIDTH AFTER:
G' T
AVERAGE DEPTH BEFORE:
cT ,qFTER
(2) TQC 1! W i MDC T aLL D= TT C GT
(CHECK ALL -{AT APPLY)
OPEN CHANNEL RELOCATION: r
PLACE
_"fENT OF PT_P, TN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF
A DAH/FLOODLNC:
OTHER:
11. ZF CONSTRUCTION OF A,POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? 771 AC
WHAT IS THE SXPECTFD POND SURFACE ARE:,? 21 AC. -
IL DESCRZPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECH_4NICAL FQ(IIP,4EN'I
TO BE USED (ATTACH PLANS: 8%' x 11' DRAWINGS ONLY)
w/ 72' start] pipe & 36" Drain with
Rip RapMTergex-y ?i1-1vay. Gtnst• a in
_ 9:jLdp• will arnsist of Bulldozer ? scrapet-4
n om ac E men -- -- -- (
13. PURPOSE OF PROPOSED WOKR; lb -t a
Lake for a -ed FL
S `k E t i ?OtvS WH'f IT
WETLANDS. WETLANDS. IS BELIEVED Tf(,?T THIS ACTIVITY MU ST BE CARRIED OUT IN
S, (INCLUDE ANy MEASURES TAKEN TO
71'MINIMIZE wF:TLAND I °AC $):
e o stn?tirn of a dfrn fbC a laJ<e W111 rewire th, Floxbl g of the stream in the UallEy.---`- -
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SGRVTC2
NATIONAL MARINE FISHE. (V.,f'S?s) AIJD/G?Z
QIES SERVICE (NMFS) (SEE AGENCY ADDRESScS SHEET) REGARDING
THE PFESE ICC OF Urz' FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THRE.ATt:.yED SPECIES OR CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY OF AFFECTED B„
THE PROPOSED PROJECT.
f .. I CONTACTED: WA
A
'--6• YOU ARE REQUIRED TO CONTACT THE 5TATEHISTORIC SPRESERVATION TOFFICER E(SH_PO),
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THEScc
PERMIT AREA WHICH MAY SE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: N/A
17. DOES THE PROJECT INVOLVE AN EXPENDITUREOF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES ( I NO (X ) (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUI2^ PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTR CAROLINA ENVIRONMENTAL, POLIT?
YES ( I NO ( I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTM?
OF ADMINISTRATION STATE CLEARINGHOUSE? YES ( I No f I
Ic A-USWER TO 17b IS YES. THEN SUBMIT A2?ROPR LqT_ DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF YV.R0NMEl4TAL- MANAGEMENT REGARDING COMPLIANCE WITH THS
NORTH CAROLINA ENVIROIVMEN'1.gL POLICY ACT.
QUESTIONS REGAR-OrNG THE STATE CLEARINGHOUSc REVIEW PROCESS S OU?,D SC DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RA LEIGH, NORTH CAROLINA 27603-8003, TELEPHONE
[phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION ttAP SHOWING ALL WETLANDS, STR:111-fS, [.,AXES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE- PERMIT NUMBERS 14, 18,
STREAMS (INTERMITTC-N ANn ocRKA7 21. 26. 29. AND 38) ALL
MAP SCALES SHOUI,p 8E ) ENT) ON THE PROPERTY MUST BE SHOWN ON THE HAP.
INCH EQUALS 50 FEET OR 1 INCH EQUAf,S 100 FEET OR TNFIR
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROTECT.
C. IF' DELINEATION WAS PERFOMrD By A CONSULTANT, INCLUDE At.[,,
DATA SHEETS RELtvANT
TO THE PLACEMENT OF THE DELINEATION LINE. '
ci. ATTACH A COPY OF THE! STORMWATER MANAGEMENT PLAN IF REQUIRED
FROM : HENRY I-EBSTER PHOtEE tio. : 919 835 36359 93 365 Mar. 21 2000 09:43PM P1
U.S. ARMY CORPS OF ENGINEERS
Wilmington District _
Action ID:1 9992 1 263 County: Randolph
GENERAL PERMIT REGIONAL AND NATIONWIDE VERIFICATION
Property
owner:
Address:
Telephone:
W.W. S. Development Corp.
Northmont Estate Subdivision
428 South Fayetteville St.
Asheboro, NC 27203
336-629-6828
Authorized
Agent: Henry M. Webster P.E., R.L.S.
,Address: P_O. Box 6174
Raleigh, NC 27628
Telephone: [phone]
Size and Location of Property (Waterbody, Highway name/number, town etc.): W.W.S.
Development Corp. proposed Northmont Estate subdivision located off of Mountain Valley Road,
adjacent to Greenes Branch Creek, near Asheboro, in Randolph County, North Carolina. 91
Description of Activity: Access road construction for Northmont Estate Subdivision resulting in
approximately 0.06 acres of impacts to the jurisdictional waters of Greenes Branch Creek.
-J -Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
_&_Nationwide Permit Number NWP 14
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and or appropriate legal action.
This Department of the Army Regional General / Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact John Thomas at telephone number ( 19) 876-8441, exten 01125.
Regulatory Project Manager Signature
Date mgust 20. 1999 Expiration August 20.2001
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF:
e. WHAT IS LAiI[) USF OF SURROUN^I"IG ?ROPERTy, Fbrwt & Residential DevelcpTat.
E. ZP APPLICABLE, WEL4T IS PROPOSED METHOD OF SEWACE DISPOSAL-)
Feld. -sue ; c Tank
9. SIGNED AM DATED BY AGENT AUTHORZ7-ATION LETTER. IF APPLICABLE.
NOTE: WET_A-VDS OR WATERS OF THZ- S.
MAY NOT BE I`fPACTEJ PRIOR T0:
1)"ISSUANCE: OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WA Q OF A 401 DIVISI(IN-OF ENVIRONME,
IIAL ?qnr 'FW.1?T "'
(WATER QUALITY) CERTIFICATION.
OWNER' S/AGENT' S SIGMA RE
(AGENT'S SIGNATURE VALID ONLY DATE
IF AUTHORXZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))

(? Z ?? e (rs iJ hill n i-?``\ J/?` ; I 1`, ? I. ? ? \ ??I - ?• ? _.?l ? _)??")I? I? /` MI?.?1 ?o_="-? ? ,
t 3 J. Z z / / ) W. osR 1 ?,
it 1/ l (`:i, (• Zr Nye 3M H1JON1 ?C ?/ !\? s i °.
l s ? ?f JS _
1
33H V
L - `? ?J j C rI\ 1? ti ?b0!
IV— sue- - -
os N)
l \ l am/ \ V •'( ?_ at
'?-?) II ?( ? ? ,? ?- ?^i? •. V ? `? / ??Y /? ? ? ?O'/ 1 111 ?. O..
?? \ \
,a
0
W 4_ / ?? ?? ??y 69S
V
LLI
LL. <
I
?' V >
Lij
iii ? ,

Q
o2
?Q
z
0
?W
m O
z w
O U
h
Q ?-
Z O
J =
W _O
0 W
J
U) Q
0 rr,
z
Q W
=
I- ~~w
O W L O
O U
VNf1OZIYD H.LNON 'ONO93H
S833MIONZ JNI.L'IMMOD
'V'd `2I3ININ ?? ONdI

S`' VNI'I02IH0 HINON - A.I.Nf10D Hd'IOGNVH
dIHSNAAOI }MUD NDVU
z??y? 91VISH INOWHINOI?I

q?IV'I QRSOd02Id

:; 8 rry I r
00
?`?OtS
15 w
M/a onend .o?
N
F ?
- j Q Ir
z n
(M
a
14 7 R N
LAJ \
\ R o¢a
maw
c
7voa 3anin] ?.
o C6
?p
_ s 9 ,O 1 a$
,r? y \
A
VIP
O'9
IN)
gott
%i
3.OL,[f.0 r
a onend m
0/
Li
.r
W
a
a
i
? _°jlt nl?,ry ;,
Z z
- 'Pa p?lo-1 V
-u?or?noy? S
UGSIrIn D()
?. ?j
ad

:) ? ;!'') 0 0 0 6 17
JIN 2 6 ?000
% I-

TJ(--'r T tl N T T
pFp_,jrr5 TPAT REO?j,'j)f-
?,'C71-1-TCkTZON 70 "H-- (-3RPS OF LNG,t4E:Li?,,?
APPLICATrON FOR sc,--'iZ?)?? 4CI
3) COGROrNATION Wr'rl? -!I"-
.zp,
Tfj c APP.IZOPRZATE LD 0?,?-_-C
:-N'Gr14-7--RS
(SEE: A(?E,;(-( ADDRESSES SijL:E:,r) SEVEN (7) coprE:- BE
To TH'P: DEVISION OF ,CENCy KDDRES'
SES S."-(EET)
OW-V2,RS NAME: Bill e Wilsom, Secretary,, WWS
__ie Wilson, Secretary,. WS
2. MAILING ACDRESS: 428 Faye
-tt-e.vi:lle St.
SuB0:vIS:O:" ,;kmz: Northmont Estate
CITY: Asheboro STATE: -NC ZIP Cobc 272- - 03
PROJEC-, LOCATION AOOR-25s,
MAILING XDDP?ESS ABOVEJ INCLUDINC; 5UZ3Drv'S:ON NA?ME: (15' DrFFERFNT FROm
T-;'LZP'fOVE NUMBER (ROMZ) : 336)629-2210 (WORK) 3 36)L29M.E???
IF XVPLrCABLZ: AGENT'S NME OR RESPONSIBLE CORPORATE OFFICIAL.,
ADDRESS, PHONE NLIMBER:
LOCA71ON OF WORK (PROVEDE A tvkp,
AERIAL pHOTOGRApKy WrTrl SCALF) : . ----A3LY A Copy OF USGS TOPOCR-APHIC ?t?\p O.R
COUNTY: Randolph N?112-ST TOWN OR CITY: Asheboro
SPECIFrC LCCATrON (J'NcLuL)E ROA.D NUMBERS, LANDtJARKS, Elap-jn . of d 1504
p
--L_ of U
ad [B Hi4jmW 220 which is 3 mi- N. of AJI&X0, cb W ETC 2Dem P
!!?" ?-uul 13 3 ?111i, N. ?of cn Spem Pd., 0.2 mi to Lt NxthTa-& Dr. 1517
south.0.6 i. On to Rt- cn M3xt4in Valla Cc.,, & 0.2 n-d. to Ehd
rN??ACTED OR NEAREST STaFA14/81VEa: _Q:eEm a:anch
RIVER BASIN: ?n

6
tS PROJFCT LOCATEO NEAR IATER CLAS?IFr;:--O AS TROUT, TEDAL SALrWATFR
(SA). HIGH QUALrTY WATFP.!;
('(QW) OUTSTA14DINC 5UPPLY
(WS - r OR WS - I I) ? YES ( X I NO IF YES, F.XP(,AEIv' L) B3ck Coaak
a vater 34:ply to City of Alidx=
N:,i?lt•???ih„ t (.Jt f ?i _!.:- ... ?i ?C ;lU:! i:!? C?i r?:?T?. (. M'?'li,f?- •
(X
rvjL\I :.? (.A21i7
i t:..TiotI
fJa. EL\Vr= AN'f .iEC.I'1CJN 404 -r
PG• `R_Mj S DLEN PRf_ViOUSf.Y RE(?CIESTED FOR U-S
Yf. ( X) NO L ON TN_ 5 PROE'c:a r? ?
( 1 IF YES, PROVIDE ACTION I . D N1f? PE.j OF op-."J.Oy,,: (C!L'?
ADDI'PIOt1AL, INFOR:•tATZON (INCLUpF PN.O?'0C?
(Photo Co C` Y OF cl'11 c-.1TIE-crTlorlr 199921263
attached) -
?b. r.iic: r?DGI T ZONAL E'ER.`1I?' r.• _ -------- - _
YE i{ QC STS Ex<c:CTED cOR T.E{IS PROPL'pT'r' ZN E ----
• - ( I NO ( X I IF YES, DESCRI3E ANTICIPATED WORK THE FUTURE?
9A. ESTIMATED TOTAL M' HER OF ACRES IN TRACT OF LAND:
98. ESTIMATED TOTAL NUMBER OF ACRE'S OF WETLANDS LOCATED ON PROJECT SITE: 0,910
'OAFILLING: NIJ:fDER OF AC S0 'g ETLANDS IMPACTED BY THc PROPOSED PROJECT BY:
?'
C.`CCn VAT ION r
FLOODING: 0 --
OTHER:
DRAINAGE: ---
TOTAL ACRES TO BE IMPACTED: 0.698 A
108. (1) STR?^1 CHANNEL -
TO 3E I:IP_gCTED By THE PROPOSED PROJECT (IFDISTANCZ BOTH BEFORE AND AFTER RELOCATION) RELOCATED, PROVIDE
:
LENGTH BEFORE: 3040
' AFTER: 0
WIDTH BEFORE (based on normal hi h vace, T
WIDTH AFTER: 4 contours)
CT
AVERAGE DEPTH 91FORF: _
(2) TRc it u rr vo T 1C TER : G T
D T t Y t
r p p T .T. C -----`?
OPEN CE{!+N*lEf. L` R (CHECK ALL :'`{AT APPLY)
RELOCATION.. PLACE!-PENT OF P*p? T
CHANNEL ELEVATION: N C'FANN2L:
-- __? CONSTRUCTION O? A DAM/FLOODING: x -
IF" ?1. IF CONSTRUCTION OF A,'PQND IS pROPOSED,
TO THE POND? 771 Ac WI{AT IS THE SIZE OF THE WATERSHED DRAINING
WHAT IS THE EXPECTED POND SURFACE AR8' 16.5 ac --
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECH-NICAL FOUIP.?ENT
TO DE USED (ATTACH PLANS: 8S5' X II. DRAWINGS ONLY) hiah
W/ 72' Stard pipe & 36" actin With Rip -ans, ----?_ R4p z Y 4)i1-lkay. Omst,
?'ompac -; r,,, Eau • ??- &JuiPiwill omsist of Bulldozer ? scraper-5
:J. PVRPOSF, OF PROPOSED WORK: 'Ib -
Lly-t -
a Lake for a
-'
---------------
?Ii
I.A-ND;. ICNC L'JDc ,JY,CIF ??D -?!(,: Al i I:'I: ;'C
•• ? URES TAKE `: -
ca-6tn-r-tirn of a dio Lora ' '' r; r r r z r w T L ,A r „, _
1_a}ce wi l1 its ? i r?? _ .. ,• . , ; ;
----
- - Elox3irr? of Uie streau in the Valley. -
IS YOU ARE REQUIRED TO CONTACT THE
U S. FISH AND WILDLIPE
• „ 1jkv-CE
NATIONAL ' Lt?E FISHERIES ScRVIC E (CIMFS) (SEF AGPNCY ADDRESSEI- SI{EET) REGARDING
T[J r' rV [<-Cnr?[`
• ., ?...? :; ;' .L'.^! EUEFv:LLY LISTED U.u,
Th 7IA'I' VcD SPE OSEC FOR LISTING ENDANGE;R-rD OR
CI_S Ok CIRTLCAL HABITA _N T4E' PERMIT AREA TH?.T HAY OF AFFFCT-D
THE PROPOSED PROJECT.
DATE CONTACTED: `WA
(A C7 RES+'ONSES FKO t TKi:SE A.GENCIcS )
YOU ARE REQUIRD TO CONTACT
THE STATE HISTORIC PRESERVATION OFFICER (Si-(Pp) (SEE:
AG-NCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH KAY SE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED; A
17 - DOES THE PROJECT INVOLVE AN E.Yp£NDIT
URE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LA,VD? YES ( ) NO (X 1 (IF No. Co To l e )
a• IF YES, GOES THE PROJECT RSQUIR PREPARAT:ON OF AN ENvIRON,IENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTY CAROLINA EWZRON,(ENTAL POLICY ACT?
YES ( I NO ( )
b. IF YES, HAS THE DOCUMENT BEEN
R1 VIEWED THRO(JoK THE NORTH CAROLINA DEPARTK--r
OF ADMINISTRATION STATE CLEARINGHOUSE? YES ( ) NO ( )
F ANSWER TO 17b is YES. THEN
EARINGH.OUSE TO DIVISION O SUBMIT APPROPRIATE: DOCUI EtlIArrON FRO X T
NORTH CAROLINA ENV_ROtv?i TIAL MANAGDIENI A STATE
ENVIRONMEtJT.gL POLICY ACT. ' RECARL)LNG COMPLIANCE WIT:{ TEfG
QUESTIONS REGARDING TffE STATE CLEARINGHOUSc REVIEW
, 'iRYS SAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH AROLI S S DEPARTMENT
?,DMINISTRATION, 116 WEST JONES 3E DIRECTED TO MS.
,'919) 733-6369.
STREET, R,4LFTCR, NORTH CAROLINA 27603-8003, TELEPHONE
I B THE FOLLOWING ITEMS SF(OULn BE INCLUDED W
INVOLVES THE DISCFLARGE OF I THIS APPLICATION IF PROPOSED ACTIVITY
EXCAVATED OR FILL MATERIAL INTO WET[-ZNDS:
a. WETLAND DELINEATION HAP SFlOWING ALL WET r
PROPERTY (FOR NATIONWIDE PERMIT N
U NOS' , 21,1fS, LAKES AND FONDS (, THE
STREAMS (INTER,`4ITTFV'r Z•(I3ER5 ;4. 18 2 1 2 6 , 29, AND 38) ALL
MAP SCALES SHO, ERUmp 6E L AINCE{r?LkNZ T) ON THE PROPERTY MUST LIC
EQUALS CET OR _ INCH E0ON THE MAP
EQUIVALENT. QUAf,S 100 .EcT OR THFiP
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IME'AC;TED BY P(iCj7, .-P
C. IF' DELINEATION WAS PERFORMED BY A CONSULTANT, INCLfJQC. AL(i DATA SHCETS Rf.LEVANE'
TO THE PLACE2iENT OF THE DELINEATION LINE.
c f . y{ .a S? f9
ATTACH A COPY OF THE STORMWATER
A.
T I '?y r,. ' iti Z 1 1
HANAGYl1ENT PLAN IFS R.OrRED. 9
4 11
_ _ ' ••?, ? .2 i'c:ni';" I'Z;i-L:?t & f?1C331t1a1 (??,lelC?7thllt.
-- --
__? 1Xd]fl Field. TROD (%f' L 21 -. <OSAL I _ j 1}C -
1C
9 SIGN'c'D AND DATED BY AGENT - -
AUTEfORIZATIO[I LE"f`i'E:R, IE' APnr rrno, NOTE: W.4 T r 7 o O c
M;: NOT ?c I PP.CT '? _'RIOR TO:
i) iSSUa?cr: UF' A 5[C"r ION ao. CCRPS OF C"(,-L ELERS PERtIIT, AND
2) FIT.{FR THE ISSUANCE OR WAIVER OF J 401 DIVISION OF ENVIRC>CJ**F±1rn,r .. ?_-F (WATER QUALITY) CERTIFICATION. " 1? E^
OWNE,CR ' SJ/ AG
S SIGNA RE
(AG--';T'S SIGNATURE VALID ONLY DATE
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (1AG.) )
(1) Moved dam to a point approximately 300' upstream. 6/21/00

-- -- 7 INnoavJ H18ON 'oaonaNsv t NI'lU21V:) H.1N ,LINLNfIOJ Hd"IOC1Nb'N
. IIHO?L >Af l D Hd
j SUINION8
b.d '2I?[NI y?j ONbi'L2I 3
V JA; ?o x LVLS3 LNOLIIH L2ION
-1 (1--liZOAMAJ
l?
Cf)
Q
o?

F.. Q

?
O
?w

>- w
m O
Z W
O
-
U
-
Q w
Z O

w?
°w
J
0
I '
W
Q
=
UJ _j I
- lil
?' W W O
3 O U

R ee
\'qr
• I I
\ i
\ >z I
b
etl
Q I
p/ O
c ?. k '+in ;nurln .off
? J I
3 n ec?
I
I 1 \ \\ /e 3 n a t
M
ovoa 3anlnj ?. LL
\\ 9
4
g
\ \' CL
nk r
Ir
4
0,0
} U
v i Q
41 1 IZ
i ,
Y ?f1Bi 1.1 .W / / I
Q
I
LLJ
Li
O I ';?', 1 I ? Iii A
J ?
Lf)
w
Z :? I Z
Q U I '•! t Q I
= a VI J
< ~
W O u,
/ 0 <t
LL
J I? ? i ' 1 I Q
LL? z _ -- -
0 U)
O O
I _
N ---
C\j
?II CL
W
O J
a J W w Q ??11 I
0 3IrQ?V
N oU)u0
a I
b u!ol urron S
ob oi.r 11 ??_
ILLY w
-?rF
Yi?1•:-CONSTIZtIC'TI?)?I (.]nTr?-j?-*,-?' C)N 7?i ? I T-------- _-
i,0i{ ?:AT:O.v-,?if7c: °F_Rl17TS TfjAT RL'QU1R('.
?.:F'LC?TION ?O Ti{;_ CvRPS OF E1GIf?EEi{S
APPLICATION Fou 401 r•
]i CooR3INATI0^1 cJ u T„?
l' 'Nc --C- i NAL
A.VD-(i) COPY GF i'ti;S CC:-lPLcT_i: = ??? ?
0 Tuc C 03 . oS n C2" T.f_ APPROPR:ATE c Ir:LD OFF IC F'
_,.GINSFRS (SEE A(;-C:CY
ADDRi;SSZS SHEET) SEVEN 7 °, SKINT TO THE N.C. DIVISION ( ) CO' L? S'.UL?? gc
SKIN CT THE
-,. Or S-E \GEtvCY A-DDRESSES c
i . OWNERS NA.fE : MS . B i 11 i e Wi 1 sons Secretary,, WWS
2. MAILING A0DR£SS: 428 Fayett?.Q----- St.
- SuSD:VISIo,,, :VkxE: Northmont Estate
CITY: Asheboro STATE: NC -
zip Cobe: 27203
PROJECT LOCATION ADDRESS, INCLUDING SU30EVISION NAME
MAILING ADDRESS ABOVE): (I-c DIFFERENT FROM
3 . TS'LEPHONE NvrMetz (HOME;) : [phone]
4 I? APPOgE N c (WORK) : ( _6
AGENT'S NAME OR RESPONSIBLE COREQRATE O^
ADDRESS, PHONE cFIC_rA
NUMBER:
LOCATION OF WORK (PROVIDE
--------------
MAP, ?R2"3-A3LY A COPY OF USGS TOPOC,RAPH o
AERIAL PHOTOGRAPHY WITH SCALE); .C M4. OR
COUNTY: Randolph
SPECIFIC GCCATION tNC, I 4-EST TOWN OR CITY: Asheboro
( UDE ROAD NUM8ERS, LANDMARKS, ETC.
and U5 Eii 220 whid1- is 3 mi . N. of ) ?n Lrit , of g,,,•n pd 1504
A¢- , co W. on spy 1?3. , 0.2 rd to Lt Cn I rnt Dr.( 1517
& south-0.6 rm.. on %rrhn?t r-. to Rt cn MJE rthin valley Dc., & 0.2 ml. to EJ -
6. IMPACTED OR NEAREST STRE,1t-!/RIVER: Can, -- -
RIVER BASIN: _in - - ----
)d • IS PRO,I^CT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALT'WATF:R
(SA). HIGH QUALITY WATERS (I(QW) , OUTSTANDZt1G KESUURCC,HATERS. (QKW) WA;EK SUPPLY
(WS-I OR WS-1r)? YES ( X J NO ( I IF YES, EXPLAIN a1'yq-cu d F
a aster st fly to City of Ashebacv
I n F? -Ic9JC ialm? '
T ?? [ (U[ :t_L l : "I'{ . ;'? VCS X )
C:J(;NT1 :r'1 i!\ ! ' - - - J -
- rJ:
13.1. NAVE ANf .-;ECTIUN 4U4 PF-
Rtl_r. rS GLEN PRLVIOUSf.Y REQUESTED FOR USA ON T(t' S p
Y
ADDIT $ ( X I NO ROPF_7,rvF ZO[IAL ( ) IF YES' PROVIOF ACTION I. n NTP-fPFR OF PDC_t/rOus
INFOR:-tA:'ION (INCLUDE PN.OTOC%p s1
(Photo Co Y OF cr)1 r-? ':4"??FTc Tror1) 199921.263
-_ attached)
?. ;,A f.DDI T IONAL PEfL`tIT RL'QC S"S ?;Ci ?_T --- - ----.
fFS ( ) NO D -OR THIS PROPF::2TY IN TNL FUTnE?
( X 1 IF YFS, DESCRI3c: ANTlClPATFD WORK
9A• ESTIMATED TOTAL NVMBER OF ACRES IN TRACT OF LAND: 75+
98. ESTIMATED TOTAL NUMBER OF ACRES OF WET
10A.
tJtlM F3FR OF AC LANDS LOCA.ED ON PROJECT SITE:
n p,910
S ^ FTLaNDS IMPACTED BY THE PRO n BY:
0?5
Q EXCAVATION POSED PROJECT ----._-
FLOODIFILLNINGG:: _? 0. wo
OTHE4:
DRA INAGc^ :
lOB TOTAL ACRES TO BE IMPACTED: 0.698 Q
. (1) STRE'.4."i CHANNEL -
TO 3E IMPACTED BY THE PROPOSED PROJECT (IF PROVIDE
DISTANCZ BOTH BEFORE AND AFTER RELOCATION) ?2ELOCATED :
/=a LENGTH BEFORE: 3040
T AFTER: 0
WIDTH BEFORE (based on noznal hi T
WIDTH AFTER: 4h vace: concou;,)
CT
AVERAGE DEPTH 9EFORF:
A:TER
(2 ( R? rr-u4'(Nrr 1 4!? ?T( r rr r ---t
? = T T C
OPEN CHANNEL RELOCATION. (CHECK ALL ':fiAT APPLY)
P*.ACv-kf2NT OF PT_PE IN CHANNEL:
CHANNEL ELEVATION:
OTHER: CONSTRUCTION Or A DA-mIFLOOOINC : _ y
11. IF CONSTRUCTION OF A'PONn IS pROPOSED, WHAT IS THE SIzE OF
TO THE POND? 771 Ac THE WATERSHED DRAINING
WHAT IS THE EXPECTED POND SURFACE ARE„A,? 16.5 do -
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIP!LfEN'I'
TO BE USED (ATTACH PLANS: 8Yri' K 11'
w/ 72' st&-d PiPe &
36.. Rip Rzj 1? Dr2 0WZ,NC5 ? ONLY) illway) , 0anst. a]Lr Dtain with ins, ompac i ?„ E ?; iP• will amsist of Bulldozer sera
pURPOSF OF PROPOSED WO --
K K : lb OC] 'a [? fOC a
J
LUDc Y NFI, fJ;{E`i TAKE': W'' L
IN xr TL,?:Jn
Ire axUtc tirn of a din far a lake will caljiru tlj Elaxlirrj of tt? struan in fly Ua11 ey.
1S YOU ARE REQUIRED TO CONTACT THE U S-
FISH ANO WTcDL I SL.
NATIONAL, !-L),RItjE E'IS(tF: F'E ZV'C ? (U Ft; S;
DIES SERVICE
*uc ovcJc,. c (SEE AGENCY A-F)ORESSES SiicE") REGARDING
` F ^: cDEicnLLY' LISTED OH PR:^,r'C SE FOR ISTI:JC
TIiaFl?'f`VLD SF'c c' ENDANGERED OR
CI_s OR CIRT;L-A HABITA IN 'FHE PERMIT AREA TIVIT NqY DF AFFECTED THE PROPOSED PROJECT.
DATE CONTACTED: WA v
4 'A-*
"C.5' RESpoNSES FROM THcSE AGENCIcS.)
`
6 YOU A .R TO CONTACT THE STATE HISTORIC P
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORXCNPROPERTIES INOTHESGL
PERNZT AREA WHICH MAY SE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: A
`'.
DOES THE PROJECT INVOLVE AN
E-XPc
-NDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LA-VD' YES ( 1 NO (X i (IF No. GO TO le)
a• IF YES, DOES THE PROJECT c '
REQUIR` p.r?EPAR.=ATIOty OF AN EllVIRONMENTAL DOCU'IENT
PURSUANT TO THE REQUIRFMENTS OF THE NORT.{ CAROLINA ZWIRON,IENTAL POLICY ACT?
YES ( 1 NO ( )
b. IF YES, HAS THE DOCUMENT BEEN
RE'VIEWE'D THROUGH THE NORTH CAROLINA DZ:PARTK--N-I
OF ADMINISTRATION STATE CZ.EARINGHOUSE? YE_S ( 1 NO ( 1
ANS*,?/ER TO 17b IS YES, N EANSIWEROUE TO D. YEN CEN SUBMIT APPROPRIATE DOCUME:,ITA.T.TON FROM THE STATE
NORTH CAROLINA ENVIRON7frNI4 oNV'R`Dr I . ,AL MANAGcHFs1'I gECARllING COMPLIANCE WI
L OLICY ACT. TH THE
QUESTIONS REGARDING THE STATE CLEARINGHOUSE 'iHYS BAGCETT, CLEARINGHOUSE REVIEW PROCESS S OULD 3E DIRECTED TO
% "YS_$TRA DIRECTOR STATE CLFARINUHOUSC, NORTH CAROLINA DEPARTMENT OF
TION, 116 WEST JONES' STREET, MS.
R
119) 7JJ-6169. 4LeIGi{, NORTH CAROLINA 27603-8003, TELEPHONE
)B THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROP05ED ACTIVITY
INVOLVES THE DISCIZARGE OF EXCAVATED OR FILL MATERIAL INTO WET
a• WETLAND k LANDS:
DELINEATION MAP SHOWING ALL WCTLMDS, r
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS ;4. 1 , 21, ? LAKES AND PONDS (, THE'
STREAMS (INTER,^1ITTF'd'!` A,nfn or 18• 21, 26, 29, AND J8) ALL
MAP SCALES SHOULD BE ER-`i-4NENT) ON THE PROPERTY MUST DC SHOWN ON THE MAP.
EQUIVALENT. 1 INCH EQUALS SO FEET OR I INCH EQUAf,$ 100 FEET OR TNcTB
b. IF AVAIIUHLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRCJECT
c. IF DELINEATION WAS PERFORMED By A CON3UL7At4T, INCLUDE ;A{:IL DATA SHEETS RF,LEVANT
TO THE PLACEMLNT OF THE DELINEATION LINE.
ATTACH A COPY OF TffE STOR-4WATER KANAGF-M E
EM' PLAN IF
I'LL-L;L & (esld2ntial (level ?t.
t _----
SFD MET :,;CE DIS?OS/,L
---&-Drain Field. HOD OF'
J -- tic `l?rtk_
9 SIG14'ED AND DATED BY AGEPrr _
AUTHORIZATIOtJ LETTER. IF aPPr rreo, -
NOTE: WFT'.?',!!?c O.°. NATER° O;' TH=PL Y NO'i ?c IMPACT!' 7 °KIOR TO:
1) iSSU.u?Lt. OF .A SECTION 40: CCRPS OF E;GI;lEcRS PERMIT, AND
2) FIT.iER THE ISSUANCE OR WAIVER OF-A 401 DIVISION OF ENVIRONMF7-,rr ? SEX
i (WATER QUALITY) CERTIFICATION. -'E
OWNER'S/JIGFN'r• S SIGNA RE
(AGENT'S SIGNATLTRE VALID ONLy GATE
IF AUTHORIZATION LETTER FROM
THE OWNER r IS PROVIDED (1 f3G .) )
(1) Moved dam to a point approximately 300' upstream. 6/21/00

r
,r
rn
S*r•
4..::
,7

, aor ral 1,.apy -__

o2

?Q
z

0
?W

r W
(] O
Z W
O U

Q W
ZO
J =
W C7
? W
U) Q
o cr
z W
Q
w ~?w

0 W W o

30u
Z

VNI'lWI :) HIHON - A.I.NflOJ Hd"IOCINVN
YNnoavj H.LaoN 'oaoa3Hsv (IIIISNMO.L )1d;W ?IDW'U g u -
saa?NloNa oNiiZnsNOO ? a r. ? 5
3
V'd 'H31NI N ONVIZZ[VN aftt I ",6 y Lt? LS3 LI?OLIIH L2IOI? = .... a .. a
s° I (A
qr i I si R A
eG o?? ? ` t
I
0-,?
r
n $•
\\ a a t
\ i7
?36nini
oh-
s i
? St
I
4+r C
Ian a ? _ ? ??.
u,o
U
/ l
qep
cj?
0/ z
LLJ
Lij
O I.
J '
W ? > y ? c
z I 1 '
Z + i < Q I
= Q VI J ?
W I h?
? L4 W -
G WO {: z 1
O
O \ j C
CD 0
C\j
O J --
W J u I _... .. I
Jo Q Z a 1I
O 3cr-z r)
? = O
N U) U O
? I
zx \? \
wv+unon -
oa ol •?\
`" ?.. • ?
-P-0
Da o ,.-S
?/
w
Ml.um Irallp S: (!I imitritaimt, 1m.
428 S. FAYETTEVILL.E STREET • ASHEBORO. NORTH CAROLINA 27203
OFFICE: [phone]
.June 15, 2000

.NCI 19 20WO
r,f
MVATER A In SUCR
Mr. S. Kenneth Jolly
Chief, Raleigh Itegulatory Field Officer
Department of the Army
Wilmington District, Corps ofl3ngineers
PO Box 1890
Wilmington, NC 28402-1890
Dear Mr. Jolly:
Thank you for your letter of June 1, 2000, regarding our request for authorization to construct a
pond in the Northmont Estate Subdivision located off Mountain Valley Road, Asheboro, N.C.
and advising us that we will need to make some changes before we have authorization on this
project.
We feel we will be able to alter our plans to reduce jurisdictional impacts such that we will be
eligible for nationwide permit authorization as you suggested in your letter. Very soon you will
receive a revised PCN for your consideration fi-om Mr. Jim Bevins at Marziano & Minier here in
Asheboro.
Should you have any questions, please give me or Mr. Bevins a call.
Sincerely,
X l
Billie C. Wilson
sp
r. John Dorney
Water Quality Section
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
"Quality is remembered long after the price is forgotten"
Regional Office Manager
North Carolina Department of Environment
and Natural Resources
Attn: Jennifer Frye
585 Waughton Street
Winston-Salem, North Carolina 27107
Mr. Jim Bevins
Marziano & Minier
Post Office Drawer 4428
Asheboro, North Carolina 27204-4428
Ii
S
0 r) n 6 ?-7
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS __._ ?....,,
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 20, 2000
Regulatory Division
ACTION ID: 200021000
Ms. Billie Wilson
Northmont Estate
428 S. Fayetteville Street
Asheboro, North Carolina 27203
Dear Ms. Wilson:
I??i4
Reference is made to your Pre-Construction Notification (PCN) received on July 3, 2000,
for the proposed construction of a pond associated with Northmont Estate Subdivision located
off of Mountain Valley Road, adjacent to Greenes Branch Creek, near Asheboro, in Randolph
County, North Carolina. This PCN requested our review and verification that your project can be
authorized by Department of the Army (DA) nationwide permits pursuant to Section 404 of the
Clean Water Act.
The referenced PCN appears to be your response to my letter to you of June 1, 2000.
This letter discussed your previous PCN dated May 10, 2000, that requested DA permit
authorization to discharge fill into approximately 0.836 acre (including approximately 600 linear
feet of stream channel and adjacent wetlands) of jurisdictional waters of the United States
associated with Greenes Branch Creek. My letter of June 1, 2000, informed you that this PCN
requested authorization for impacts to jurisdictional waters of the United States greater than
those that can be authorized by DA nationwide permits pursuant to Section 404 of the Clean
Water Act.
Your PCN dated July 3, 2000, requests DA permit authorization to discharge fill into
0.643 acre (including approximately 240 linear feet of stream channel and adjacent wetlands) of
jurisdictional waters of the United States associated with Greenes Branch Creek. Our review of
the plans submitted with your new request revealed that your proposed impacts to 0.643 acre of
jurisdictional waters of the United States continue to be greater than what can be authorized by
DA nationwide permit pursuant to Section 404 of the Clean Water Act. Accordingly, your
modified project as now proposed continues to be ineligible for authorization by DA nationwide
permit and will require individual DA permit approval (permit application enclosed).
Alternatively, should you be able to reduce jurisdictional impacts to be eligible for nationwide
f '
permit authorization, you will need to submit a modified PCN for our consideration. For your
convenience, I have enclosed a fact sheet for Nationwide Permit 39, the nationwide permit that is
most applicable to your proposal. To perform work pursuant to this nationwide permit, all
conditions must be strictly adhered to, including limiting jurisdictional impacts to no more than
0.5 acre and no more than 300 linear feet of stream. As recommended in my earlier letter to you,
any PCN submitted must include a detailed plan of proposed mitigation for our consideration for
any stream impacts and/or wetland impacts in excess of 0.1 acre.
Please be reminded that any placement of fill in jurisdictional waters of the United States,
including wetlands, associated with your project without prior DA permit authorization will be a
violation of Section 301 of the Clean Water Act (33 U.S.C. 1311).
Thank you for your time and cooperation. If you have any questions, please contact Mr.
John Thomas, Raleigh Regulatory Field Office, telephone [phone].
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosures
Copies Furnished:
Mr. John Dorney
Water Quality Section
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Regional Office Manager
North Carolina Department of Environment
and Natural Resources
Attn: Jennifer Frye
585 Waughton Street
Winston-Salem, North Carolina 27107

h
NATIONWIDE PERMIT #39: RESIDENTIAL, COMMERCIAL, AND INSTITUTIONAL
DEVELOPMENTS
Discharges of dredged or fill material into non-tidal waters of the United States, excluding non-
dal wetlands adjacent to tidal waters, for the construction or expansion of residential, commercial, and
i stitutional building foundations and building pads and attendant features that are necessary for the use and
v.>.? aintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots,
rages, yards, utility lines, stormwateK management facilities, and recreation facilities such as playgrounds,
ying fields, and golf courses (provided the golf course is an integral part of the residential development).
e construction of new ski areas or oil and gas wells is not authorized by this NWP. Residential
d velopments include multiple and single unit developments. Examples of commercial developments
inl
lude retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of
rinstitutional 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 stream bed;
^°-- •c:-TK rerrnittee-rnm-ruotify,the District Engineer in accordance with General Condition 13, if en
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).
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 permittee must avoid and minimize discharges into waters of the United States at the
project site to the maximum extent practicable, and 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 NWP is used in conjunction with any other NWP, any combined total permanent loss
of waters of the United States exceeding 1/10 acre requires that the permittee notify the District Engineer in
accordance with General Condition 13;
h. Any work authorized by this NWP 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);
i. For discharges causing the loss of 1/10 acre or less of waters of the United States, the permittee
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 permittee; (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., 1/12 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., 1/12 acre of emergent wetlands created on-site);
j. If there are any open waters or streams within the project area, the permittee 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; and
k. Stream channelization or stream relocation downstream of the point on the stream where the
annual average flow is 1 cubic foot per second is not authorized by this NWP.

1
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 NWP. The compensatory
mitigation proposal required in paragraph (f) of this NWP may be either conceptual or detailed. The
wetland or upland vegetated buffer required in paragraph 0) of this NWP will normally be 25 to 50 feet
wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address
documented water quality concerns. The required wetland or upland vegetated buffer is part of the overall
compensatory mitigation requirement for this NWP. If the project site was previously used for agricultural
purposes and the farm owner/operator used NWP 40 to authorize activities in waters of the United States to
increase production or construct farm buildings, NWP 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 NWP
39 (i.e., the combined acreage loss authorized under NWPs 39 and 40 cannot exceed 1/2 acre).
Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984, a
notification pursuant to paragraph (c) of this NWP is required for any discharge which would cause the
aggregate total loss of waters of the United States for the entire subdivision to exceed 1/10 acre. Any
discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United
States in the subdivision to exceed 1/2 acre is not authorized by this NWP, unless the District Engineer
exempts a particular subdivision or parcel by making a written determination that the individual and
cumulative adverse environmental effects would be minimal and the property owner had, after October 5,
" ` - - 1984, but-prior-to July 21, 1999, committed substantial resources in reliance on NWP 26 with jugaid-to a
subdivision, in circumstances where it would be inequitable to frustrate the property owner's investment-
backed expectations. Once the exemption is established for a subdivision, subsequent lot development by
individual property owners may proceed using NWP 39. For the purposes of NWP 39, the term "real estate
subdivision" shall be interpreted to include circumstances where a landowner or developer divides a tract of
land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said
parcels. This would include the entire area of a residential, commercial, or other real estate subdivision,
including all parcels and parts thereof. (Sections 10 and 404)
Note: Areas where there is no wetland vegetation 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).
Conditions
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be
used and maintained in effective operating condition during construction, and all exposed soil and other
fills, as well as any work below the ordinary high water mark or high tide line, must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species
of aquatic life indigenous to the waterbody, including those species which normally migrate through the
area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be
installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures
must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification
and Coastal Zone Management Act consistency determination.
2
I

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, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality. (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, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification
(either generically or individually) does not require or approve a water quality management plan, the
permittee must include design criteria and techniques that will ensure that the authorized work does not
result in more than minimal degradation of water quality. An important component of a water quality
management plan includes stormwater management that minimizes degradation of the downstream aquatic
system, including water quality-.-Refer-to 09. )1 s=xwsatermanagement requirements.
Another important component of a water quality management plan 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.
10. Coastal Zone Management. In certain states, an individual state coastal zone management
consistency concurrence must be obtained or waived (see Section 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, 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 Endangered Species Act have been satisfied and that the activity is
authorized. For activities that may affect Federally-listed endangered or threatened species or designated
critical habitat, the notification must include the name(s) of the endangered or threatened species that may
be affected by the proposed work or that utilize the designated critical habitat that may be affected by the
proposed work. As a result of formal or informal consultation with the FWS or NMFS, the District
Engineer may add species-specific regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a nationwide permit does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of
separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both
lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act.
Information on the location of threatened and endangered species and their critical habitat can be obtained
directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or
their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and
http://www.nfms.gov/prot_res/esahome.html, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the DE has complied with the
provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if
the authorized activity may affect any historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been satisfied and that the activity is authorized. Information on
the location and existence of historic resources can be obtained from the State Historic Preservation Office
3
4.
1
and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic
properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must
state which historic property may be affected by the proposed work or include a vicinity map indicating the
location of the historic property.
13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee
must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can
request the additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the District Engineer will
notify the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the District Engineer. The
prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under
the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified 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-p&rrnittee- has-rret-reecived 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:
(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; and
(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(f));
(5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information
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 Crossings, the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement
describing how temporary losses of waters of the United States will be minimized to the maximum extent
practicable.
(7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of
Surface Mining (OSM) or state-approved mitigation plan.
(8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation
of the prior condition of the site that will be reverted by the permittee.
(9) For NWP 29, Single-Family Housing, the PCN must also include:
(i) Any past use of this NWP by the individual permittee and/or the permittee's
spouse;
(ii) A statement that the single-family housing activity is for a personal
residence of the permittee;
(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 an 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, a 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
4
r
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 Projects, the prospective
permittee 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 so as to identify the approved channel depths
and configurations 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 of losses of waters of the United States were
achieved on the project site.
(13) For NWP 39, Residential, Commercial, and Institutional Developments, and NWP
42, Recreational Facilities, the PCN must inclv4e--a°-eerrcMisaterymitigation proposal that offsets
unavoidable losses of waters of the United States or justification explaining why compensatory mitigation
should not be required.
(14) For NWP 40, Agricultural Activities, the PCN must include a compensatory
mitigation proposal to offset losses of waters of the United States.
(15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the
construction of new stormwater 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
United States.
(16) For NWP 44, Mining Activities, the PCN must include a description of all waters of
the United States adversely affected by the project, a description of measures taken to minimize adverse
effects to waters of the United States, a description of measures taken to comply with the criteria of the
NWP, and a reclamation plan (for 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.
(18) For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property.
(19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves
discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade
fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved
local floodplain maps), the notification must include documentation demonstrating that the proposed work
complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements.
(c) Form of Notification: The standard individual permit application form (Form ENG 4345) may
be used as the notification but must clearly indicate that it is a PCN and must include all of the information
required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be
used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District
Engineer will determine whether the activity authorized by the NWP will result in more than minimal
individual or cumulative adverse environmental effects or may be contrary to the public interest. The
prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the
process and the District Engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed work are minimal. If the District Engineer determines that the activity
complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment
5

are minimal, the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal
with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to
submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the
proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of
receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would
ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the
project on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely written
response to the applicant stating that the project can proceed under the terms and conditions of the
nationwide permit.
If the District Engineer determines that the adverse effects of the proposed work are more than
minimal, then he will notify the applicant either: (1) that the project does not qualify for authorization under
the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2)
that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal
that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project
is authorized under the NWP with specific modifications or conditions. Where the District Engineer
determines that mitigation is required in order to ensure no more than minimal adverse effects on the
aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary
conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that
would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the
United States will occur until the District Engineer has approved a specific mitigation plan.
(e) Agency Coordination: The District Engineer will consider any comments from Federal and
State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs
and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal
level.
For activities requiring notification to the District Engineer that result in the loss of greater than
1/2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide
immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the
appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA,
State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service.
With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is
transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-
specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar
days before making a decision on the notification. The District Engineer will fully consider agency
comments received within the specified time frame, but will provide no response to the resource agency,
except as provided below. The District Engineer will indicate in the administrative record associated with
each notification that the resource agencies' concerns were considered. As required by Section
305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer
will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish
Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of
notifications to expedite agency notification.
(f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current
method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than 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 a Nationwide permit verification
from the Corps will submit a signed certification regarding the completed work and any required mitigation.
The certification will be forwarded by the Corps with the authorization letter. The certification will
include: a.) A statement that the authorized work was done in accordance with the Corps authorization,
including any general or specific conditions; b.) A statement that any required mitigation was completed in
6
or
accordance with the permit conditions; and c.) The signature of the permittee certifying the completion of
the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For
example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total
project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may occur in the proximity of a public water supply
intake except where the activity is for repair of the public water supply intake structures or adjacent bank
stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse
effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are
minimal. The District Engineer will consider the factors discussed below when determining the
acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic
environment that are more than minimal.
(a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts
requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for
restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in
exceptional circumstances.
(b) To be practicable, the mitigation must be available and capable of being done considering
costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that
may be appropriate and practicable include, but are not limited to: reducing the size of the project;
establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams;
and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or
preserving similar functions and values, preferably in the same watershed;
(c) The District Engineer will require restoration, creation, enhancement, or preservation of other
aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse
effects on the aquatic environment are minimal. An important element of any compensatory mitigation
plan for projects in or near streams or other open waters is the establishment and maintenance, to the
maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated
buffer should consist of native species. The District Engineer will determine the appropriate width of the
vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet
wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address
documented water quality concerns. If there are open waters on the project site and the District Engineer
requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic
environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining
compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-one
acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and
values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the
acreage limits of some of the NWPs (e.g., for NWP 39, 1/4 acre of wetlands cannot be created to change a
1/2 acre loss of wetlands to a 1/4 acre loss; however, 1/2 acre of created wetlands can be used to reduce the
7

impacts of a 1/3 acre loss of wetlands). If the prospective permittee is required to submit a compensatory
mitigation proposal with the PCN, the proposal may be either conceptual or detailed.
(d) To the extent appropriate, permittees should consider mitigation banking and other appropriate
forms of compensatory mitigation. If the District Engineer detennines that compensatory mitigation is
necessary to offset losses of waters of the United States and ensure that the net adverse effects of the
authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as
mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District
Engineer determines that activity-specific compensatory mitigation is more appropriate, based on which is
best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks
of protected aquatic environment, are more likely to meet the mitigation goals, and are more easily checked
for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the
watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset
the losses of waters of the United States to ensure that the net adverse effects of the authorized work on the
aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided
to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or
smother downstream by substantial turbidity) of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates).
Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high
flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged
or fill material must withstand expected high flows. The activity must, to the maximum extent practicable,
provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site
similar to preconstruction conditions, and must not increase water flows from the project site, relocate
water, or redirect water flow beyond preconstruction conditions. In addition, the activity must, to the
maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream
of the project site, unless the activity is part of a larger system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in
navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of
water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow shall be minimized to the maximum extent practicable.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must
be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated
marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat
for Federally listed threatened and endangered species, coral reefs, State natural heritage sites, and
outstanding national resource waters or other waters officially designated by a State as having particular
environmental or ecological significance and identified by the District Engineer after notice and opportunity
for public comment. 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 United States
are 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 wetlands adjacent to such waters. Discharges of
dredged or fill materials into waters of the United States 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 I1 and the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service has concurred in a determination of compliance with this condition.
(b) For NWPs 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 he determines 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 Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps or FEMA-approved local floodplain maps.
(a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United
States resulting in permanent, above-grade fills within the 100-year floodplain at or below the point on a
stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not
authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the prospective permittee must
notify the District Engineer in accordance with General Condition 13 and the notification must include
documentation that any permanent, above-grade fills in waters of the United States within the 100-year
floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction
requirements.
(b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is
five cubic feet per second).
(1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting
in permanent, above-grade fills within the flood fringe of the 100-year floodplain of headwaters are not
authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District
Engineer in accordance with General Condition 13. The notification must include documentation that such
discharges comply with FEMA or FEMA-approved local floodplain construction requirements.
(2) Floodwav. Discharges of dredged or fill material into waters of the United States resulting in
permanent, above-grade fills within the floodway of the 100-year floodplain of headwaters are not
authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District
Engineer in accordance with General Condition 13 and the notification must include documentation that
any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA-approved local
floodplain construction requirements.
9
Instructions for Preparing a
Department of the Army Permit Application
Blocks 1 through 4. To be completed by Corps of Engineers.
Block 5. Applicant's Name. Enter the name of the responsible party or parties. If the
responsible party is an agency, company, corporation or other organization, indicate the
responsible officer and title. If more than one party is associated with the application,
please attach a sheet with the necessary information marked Block 5.
Block 6. Address of Applicant. Please provide the full address of the party or parties
responsible for the application. If more space is needed, attach an extra sheet of paper
marked Block 6.
Block 7. Applicant Telephone Number(s). Please provide the number where you can usually be
reached during normal business hours.
Blocks 8 through 11. To be completed if you choose to have an agent.
Block 8. Authorized Agent's Name and Title. Indicate name of individual or agency, designated
by you, to represent you in this process. An agent can be an attorney, builder, contractor,
engineer or any other person ui uryanicati.on. Note: An agent is not required.
Block 9 and 10. Agent's Address and Telephone number. Please provide the complete mailing
address of the agent, along with the telephone number where he/she can be reached during
normal business hours.
Block 11. Statement of Authorization. To be completed by applicant if an agent is to be
employed.
Block 12. Proposed Project Name or Title. Please provide name identifying the proposed
project (i.e., Landmark Plaza, Burned Hills subdivision or Edsall Commercial Center).
Block 13. Name of Waterbody. Please provide the name of any stream, lake, marsh or other
waterway to be directly impacted by the activity. If it is a minor (no name) stream,
identify the waterbody the minor stream enters.
Block 14. Proposed Project Street Address. If the proposed project is located at a site
having a street address (not a box number), please enter here.
Block 15. Location of Proposed Project. Enter the county and state where the proposed
project is located. If more space is required, please attach a sheet with the necessary
information marked Block 15.
Block 16. Other Location Descriptions. If available, provide the Section, Township and Range
of the site and/or the latitude and longitude. You may also provide description of the
proposed project location, such as lot numbers, tract numbers or you may choose to locate the
proposed project site from a known point. (such as the right descending bank of Smith Creek,
one mile down from the Highway 14 bridge). If a large river or stream, include the river
mile of the proposed project site if known.
Block 17. Directions to the Site. Provide directions to the site from a known location or
landmark. Include highway and street numbers as well as names. Also provide distances from
known locations and any other information that would assist in locating the site.
Block 18. Nature of Activity.
dimensions of structures such
construction, as well as the
(length, width, and height).
involved. Also, identify any
platforms.
Describe the overall activity or project. Give appropriate
as wingwalls, dikes (identify the materials to be used in
nethods by which the work is to be done), or excavations
Indicate whether discharge of dredged or fill material is
structure to be constructed on a fill, piles or float supported
The written descriptions and illustrations are an important part of the application. Please
describe, in detail, what you wish to do. If more space is needed, attach an extra sheet of
paper marked Block 18.
•UOT4v=OJUT A2vssOOau TTs uTV4UOD pUe agteanoov
'aVOTO eq pTnogs Aagg ' (puvq Aq peavdead ease suoTgteagsnTTT goaCoad 84VATad 'TTvms Aueut)
TVUOTsse;Ozd eq gOU Paeu suOTgV2gsnTTT aTTKM '(UOTgOas-ssojO j0 MaTA upTd 'deal AgTUTOTA)
uoTgpjgsnTTT 3o adAg agq pup 'gUPOTTdde aqq 'goaCojd aqq A;TquapT pTnogs UOTgpjgsnTTT gOPE
•SUOTquagsnTTT jo SbuTMezp jnoA jo; Ajussaoau
sgaags 3o jaqumu gsaMa3 agq asn (pagngTqsqns aq APw uITT; jo jaded bUTOpjg) jaded agTgM
uTRTd gouT TTXZ/T 8 uO sbUTMpjp TTe ;O 'Adoo AgTTenb pooh jo 'TPUTbTjo auO gTutgns aseaTd
•jaqumu guaulgapgqp jo ajnbT; p ggTM uoTgpjgsnTTT goea A;Tquapi •deyl uoTgoas
-ssoaO TvDTdXl p TO AOTA uaTd p 'dvx AgTuTOTA P Sp par;TguapT ajp SbUTMejp JO SUOTgejgsnTTT
asagI •ua?(egzapun aq oq xzoM aqq goTdap ATzadozd og papaau azp suoTgejgsnTTT ;o sadAg aazgz
UoTgv=o;u= TYaeuao
sHoilvidisn'I'Ix axy simbiv is
•(•oqa 'UOT1pbT1TUI 'suOTgTpuoo TeToadS ggTM aoupTTduioo burpnTOUT) JO; paTTdde
AgTATgoe agq aNegzapun oq sggbTz Agjadozd agTSTnbaj aqq sassassod gTulzad aqq jo; buTATdde
Agzpd aqq gegq UOTgPUIjT?;P up aq TTpgs ajngpubTs sTgy •(quabp) Agjpd pazTjoggnp aaggo
jo jauMo aqq Aq paubTs aq gsnul uoTgpOTTddp aqy •gueby ao gueoTTddy go aangVUSTS '9Z NOOTH
• gTuljad
sdjoo a zo3 buTATddp ajo3aq sgTuljad zagqo TTe pauTpggo aneq qou paau noA •uoTgpoTTddp
gopa 3o (paTUap jo panozddp) Aue ;T 'sngpgs aqg pup paggTwgns anpq nOA SUOTgpOTTddp
AUp A3Tquapi 'goaCojd jnoA jo; saTauabe TeooT jo agpgs 'Tpzapa,3 zagqo ;o Tpnojddp
aqq paau Aput nox •seToueby aaggo Aq sTletuaa ao sTYnoaddy gnogQ uoTgvuso3u= •SZ AOOTH
pedoTensp aq og ST goaCoad agq oaagM saTgunoo go Agunoo siqq UT 2068098V
"g egg ;o sOT;;o aqg gbnoagg sTgvTTVAV ATT4nsn sT saauMOpueT guOOvCpe buTpzvbaa uOTlvw03UI
• VZ XoOTH pa)(jeul
jaded 3o gaags ejgxa up gopggp 'papaau sT aopds ajout ;I •(aoTgou oTTgnd Aq ATTunsn) A4TAT43P
pasodozd aqq 3O p9T3TgOU aq Aput Aaqq gpgq os pasodozd buraq sT xjoM aqq azagM agTs oTgpnbe
jo ApogjagpM aqq suTOCpe Agjedojd asogM ''oqa 'saassaT (agpATjd pup oTTgnd) sjauMo Agjadojd
queopCpp aqq 3o sassajppe buTTTpuI TTn; pup Sauleu agaTduloo gsTZ •agTs goaCoad aqg sUTOCPV
Agaedoad asogM '•oge 'seesseZ 'saauMo Agaodoad buTUTOCPV 3o sassaappV pUV saulax 'bZ 31DOTH
•aTgrssod ;T uOTgpzTzoggnp aqg A;T1u9pT 'gTulzad sdjoo buTgsrxa up japun auop spM NjoM aqq
;I •(1993 ajpnbs jo sazoe UT) ApogjagpM jaggo JO pupTgaM p ;T 'paTTT; seajoe 'spaPA OTgno
UT aumTOA 'TeTjaleut ;0 adAq aq1 'pabjegasTp ApeajTe TPTjageul TTT; jo pabpazp Aup 'pagaTdutoo
sajngonzls 'padOTanap AppajTP pazp aqq agrjosaa •pagaTdutoo AppajTe goaCojd pasodozd aqq
3o gjpd Aup uo punozbxaeq Aup apTAOjd LsgeTdutoo ApveaTv XaoM aqq go uoTgaod Auv sZ •£Z 3100TH
'ZZ XDOTH paxzpul jaded 3o gaags ejgxa up gopgqp 'papaau ST aopds ajoul
3I •ApogaegeM p oquT xopq TPTzagpul pabpazp aqg utoj; ;;ounj quanajd oq (Ajpssaoau ;T) u@Nuq
aq oq sdaqs agq pup agTs aqq A;TquapT 'agTs pupTdn up uO pabzegOSTp aq oq ST Terzageul pabpazp
;I '(•Oqa 'euTTbejp 'aogXoeq) auop aq oq ST abjpgOSTp aqq gOTt(M Aq sueaut aqg apnTouT OsTV
paTTT; aq oq ';oazagq gjed jo 'spajp aoe3jns aqq A;TquapT ATTeoT;TOadS •uOTgPDOT gopa qp
paTTT; aq oq eazp aqq agTaosac 'PaTTTJ saagtzM aaggo ao spUvTgeM 90 svexy aovgans 'ZZ 31DOT9
049 'agajouOO 'APTO 'pups '3100-T :sapnTouT TPTZagpul abzegoSTa
•suoTgejgsnTTT jnoA ggTM aajbe TTTM uoTgdTzosap STgq ajns aq aseaTd •uOTgoTpsTanC sdjoD
UTggTM p9baPg3STp aq Oq TETja1pUI gopa 30 qunoup pup pabjpgasTp aq Oq TeTzagpul aqq agTjosaa
spat4x DTgno UT ed%y govt go gunmy egg pUV pabaQgosTa bUTag TaTaagVN ;0 (s)adAy 'TZ 3100TH
•(Tojquoo
uoTsoza sp gans) TVTzagput aqq 90 quaulaopTd aqq 3o asodznd oT;Toads aqq uTeTdxa 'TeTjageul
;O quautaoeTd Azezodutaq aqg buTpnTouT 'ApogjagpM zagqo JO pupTgaM e oquT TPTjagpul TTT;
10/pue pabpazp 3O abjegOSTp aq1 saATOAUT AITAT40P aqq ;I •abaQgosTa aO3 (s)uosteag 'OZ XDOTH
•:,(zoM TTp agaTdutoo pup uTbaq ggoq oq
ueTd noA sagpp agputTxojdde aqq aATf) •goaCojd pasodozd aqq ;O gTnsaj aqq sp padOTanap aq oq
S9T4TAT40e pagpTaz Aup 3o uoTgdTzosap ;aTjq e apnTouT OsTV LAgM pup jo; pasn aq qT TTTM gpgM
•goaCozd pasodozd aqq zo3 paau pup asodznd aqq agTjosaa •esodand goeCoad pesodozd '6Z XDOTH
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing Instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
,..mments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
T TO BE FILLED Y THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
//TFMC RF/ 0W Tt7 RF F// / Fn RV APP/ /!`ANTI
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
7. APPLICANT'S PHONE A
CODE PHONE
10. AGENT'S AR A CODE
a. Residence
b. Business a. Residence
b. Business
11, STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE Isee instructions)
13. NAME OF WATERBODY, IF KNOWN l1/applicable/ 114. PROJECT STREET ADDRESS (if applicable)
15. LOCATION OF PROJECT
COUNTY
STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, lseeInstructions)
17. DIRECTIONS TO THE SITE
ENG FORM 4345, Feb 4 EDITION OF EP 91 I OBSOLETE. (Proponent:
e 10Z9/9L4-0Z9-488 l :OdO'S n.
•yloq jo sjuoA oAIJ Ue141 8JOLU IOU peuosudwi j0 000'0l$ uegl ejow IOU pou!; aq limp 'Ailue jo sluewalels luelnpneil
jo sno!i!lo!; 'esle; Aue u!eluo0 of ewes Bu!nnoul 1uaulnoop jo BUIlpm esle; Aue sesn jo so-4ow jo suo!leluesoidei jo siuawelels luelnpneil
jo sno!1llo!; 'ssle; Aue sa)lew jo Ioel Ieualew a ses!nBs!p jo 'ewegos ')Iou1 Aue do sJeno0 10 'sleoOUOO 'sa!;!slel Ayn10!m pue AIBu!Moul
Sams pel!un all ;o AoueBe jo luewliedep Aue ;o uo!IO!ps!ml eqi u!gl!m jsuuew Aue u! 'JenaogM :leyl sep!Aoid 1001 uo!loeS 'O'S'n g l
•pouB!s pue lno poly; ue9q seq L I iloolq w wewelels ell ;! luoBe pezuogine
Alnp a Aq peuB!s aq Aew 1! jo (weo!Idde) AI!A!loe posodoid egl 9)leiiepun of sai!sep ognn uosiod eql Aq peuBls aq lsnw uo!leo!ldde oql
31V(l 1N3JV d0 3un1VNDIS 31V(3 lNVOIlddV 30 3un1VNDIS
'lueo!Idde 941 ;o 1ue6e pezuoline Alnp
ell se Bugoe we jo u!ejaq paquosep )Ijom egi e)Ievopun of Aluoglne aqi ssessod I leli Aplioa jeliJn; I •eleinooe pue eloldwoo s! U01le31ldde
slgi ui uo!lewjo;u! eqi iegi A;!luao l uo!leoydde s!ql ui pequosep liom ell ezuogine of sl!wjed jo 1!wied a fol spew Agejeq s! uo!Ieo!IddV •gZ
sl!wjed u!eld pool; pue Bu!ppnq 'BUIUOZ 01 pe131JIsa1 IOU s1 ing epnloui plnoM«
031N30 31V0 03A0UddV 31V0 03IlddV 31V0 a313WfIN NOUV01311N301 .lVAOUddV 3dAl AON30V
•uolleopddV s!gl ui poquose0 lioM jol soloueBV leoo-I jo e1e1S 'Iejepe3 J0410 wa; POA19398 sle!ue0/slenoiddV jo suo!leo!;!1ie0 aegi0 ;o is!-I '9Z
-(1s!I Ieluowelddns a goelle eseeld
'eieg pejalue eq ueo uegl ejow 11) ApogjeieM eqi su!olpV AiJedwd asolM '•013 'seesse-I 'sjeumo AliadoJd Bu!u!OIpV ;o sesseJppV qZ
)IUOM 0313ldW00 31-11 313IUOS30 'S3A 31 ON s9A ?eleldwo0 ApeajIV MioM eql;o uo!1iod AuV sl '£Z
tsuopan isut aas) pey!l sje1eM jegl0 jo spuelleM ;o so,IOV ui e9iV 9oe)mS 'ZZ
spiuA o!gn0 u! edA1 g0e3 ;o lunowV egl pue p90jegos!0 Bu!eg Ieueleyy ;o (s)edAl - L Z
06jegos!0 col (s)uoseou 'OZ
Isuo/)oMlsu/ aas 'JO%id aye p asodind io uoscai aye ogljosogj esodind 1091OJd -6 L
(s-n)ea/ //e apn/oul 1300id to u011d/iosa0) AI!AIIOV jO alnleN '81,