20010271 Ver 1_COMPLETE FILE_20010223

,.., Michael F. Easley
Governor
William G. Ross, Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 8, 2001
Guilford County
DWQ Project # 010271
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Barry Siegal
Newcastle Investment Co.
3411-D West Wendover Ave.
Greensboro, NC 27047
Dear Mr. Siegal:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill material in 140 linear feet of streams for the purpose of constructing a road
crossing (Morris Farm Drive Extension) at Parkview Village s/d as described in your
application dated received April 27, 2001. After reviewing your revised application, we have
decided that this fill is covered by General Water Quality Certification Number 3289. This
certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers
issues it. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will
expire when the. accompanying 404 or CAMA permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and you
may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and streams to notify the state 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).
2. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative . Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless
you ask for a hearing.
WX1
t??yyy?.f?gg?yy.
?LtIT3?r?'t
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
Michael F. Easley
# Governor
William G. Ross, Secretary
x , v Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
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.
Sincerely,
er . S eve
Attachment
cc: Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
File copy
Central Files
Todd St. John
*
JMO.;.
??I.?,L?EMIR
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
Ol 0271,1Vlorris Farm Drive Ext., Guilford
Subject: 010271, Morris Farm Drive Ext., Guilford
Date: Fri, 27 Apr 2001 13:54:37 -0400
From: Jennifer Frye <[e-mail]>
Organization: NC DENR Water Quality
To: Cyndi Karoly <[e-mail]>
Staff report completed. Received additional information on April 27.
John was copied on this information; please let me know if you do not
receive it and I will send a copy to you for your files.
Jen
Jennifer Serafin Frye 10
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 5/2/01 1:48 Ph
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Morris Farm Drive Extension c/o Newcastle County Guilford
Project Number 01 0271
Recvd From APP
Received Date 2/23/01 Recvd By Region 3/28/2001
Project Type road crossing
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres
Type Type Impact Score Index Prim. supp. Basin Req.
Stream Impacts (ft.)
Feet E
Req.
14 Stream O Y -@)N I(-11-6-(?) W7111 N77(7 X0.602. F__ 140.00 140.00 F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Request for more informat ion sent by Ramon on A rp it 9, 2001.
Information received on A pri127, 2001.
They have reduced the am ount of impact from 185 If to 140 If .
No mitigation required.
Plans appear to be in com pliance with Randleman Water Supply Watershed Regulations.
The WSRO recommends t hat this WO Certification be issued with the following condition:

** Stormwater manageme 4
nt must meet the Division's approval - if applicable - they have indicated
that they will be in contact with Todd St. John to determine if this project will require our stormwater
approval.
County2
Region Winston-Salem
cc: Regional Office
Central Office Page Number 1
BORLIM, WADE AND ASSOCIATES, P.A.
ENGINEERS - PLANNERS - SURVEYORS
405 D PARKWAY
GREENSBORO, N.C. 27401
MAILING ADDRESS: n
P.O. BOX 14125
GREENSBORO, N.C. 27415-4215
April 25, 2001
Mrs. Jennifer Frye
NCDENR
Division of Water Quality/Water quality Section
585 Waughtown Street
Winston-Salem, N.C. 27107
Re: Morris Farm Drive Extension
Parkway Village
DWQ Project #01 0271
Guilford County
Dear Jennifer:. ! =
! ., r :J,. j._, i' ter. S ;?
In response to the letter, dated April 9, 2001, from your office to Mr. Barry Siegal,
requesting"additional' iriforination, we offer the following:
1) The routing of the proposed Morris Farm Drive was mandated through the
City of High Point Thoroughfare Plan. The fill crossing the subject
intermittent channel is necessary to provide cover over the storm sewer system
to convey storm water from this project to the wet retention pond.
2) The plan has been revised to minimize any impact to the channel and the
required buffers. All erosion control devices have been removed from the
buffers.
3) We propose to impact 140 lineal feet of channel with a 54" RCP and concrete
apron with energy dissipaters.
4) We having been working with the City of High Point to ensure this project is
in compliance'with'the City's Watershed Protection Ordinance.
5) We have revised the plan to impact a maximum of 140 lineal feet of stream
channel. We have accomplished this by utilizing a 2:1 fill slope on the
up stream side of the road, retaining wall on the downstream side of the road
and a concrete apron with energy dissipaters in lieu of rip-rap at the pipe
outlet.
PHONE: [phone] FAX: [phone] EMAIL: [e-mail]
BORUM, WADE AND ASSOCIATES, P.A.
ENGINEERS - PLANNERS - SURVEYORS
405 D PARKWAY
GREENSBORO, N.C. 27401
MAILING ADDRESS:
P.O. BOX 14125
GREENSBORO, N.C. 27415-4215
6) We will be working with Mr. Todd St. John of the Central 401/Wetlands Unit
to determine if this project requires a division approved storm water
management plan.
Please find a revised plan enclosed and if you require any additional information or have
any questions, please give me a call.
Sincerely,
44%A---
Michael R. Otto
Borum Wade and Associates, PA
C: Barry Siegal
Brian Sullivan
V,dohn Dorney
PHONE: [phone] FAX: [phone] EMAIL: [e-mail]
_,
.,

,.

?I
I?
I-XI
I
I?
I?
DIVISION OF WATER QUALITY
April 9, 2001
CERTIFIED MAIL: 7099 3220 0006 8502 5271
RETURN RECEIPT REQUESTED
Mr. Barry Siegal
Newcastle Investment Company
3411-D West Wendover Avenue
Greensboro, NC 27047
SUBJECT: REQUEST FOR ADDITIONAL INFORMATION
Morris Farm Drive Extension
Parkway Village
DWQ Project # 01 0271
Guilford County
Dear Mr. Siegal:
The Division of Water Quality has reviewed your plans for the discharge of fill material
into approximately 185 linear feet of an unnamed tributary to Long Branch, Class WS-IV waters,
Cape Fear River Basin, for the purpose of a road crossing. 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.
Morris Farm Drive Extension
Page 2
(3) Please provide the exact linear footage that you propose to impact. Include the
length of stream impacted by the culvert and associated rip-rap energy dissipaters.
(4) This UT to Long Branch is located within the Randleman Lake Water Supply
Watershed and indicated on the USDA-NRCS Soil Survey map as an intermittent
channel; therefore, this channel is subject to 15A NCAC 2B .0250. If you have
not done so already, please contact the City of High Point in regards to their
Watershed Protection Ordinance.
(5) Stream impacts equal to or greater than 150 LF may require compensatory
mitigation. Please contact Mrs. Jennifer Frye (336-771-4600, ext. 275) to
coordinate a site visit for the Division's mitigation determination. If the project is
re-designed to impact less than 150 LF of the UT to Long Branch, compensatory
mitigation will not be required.
(6) A Division-approved stormwater management plan may be necessary for this
project. Please contact Mr. Todd St. John of the Central 401/Wetlands Unit at
[phone] or [e-mail] to determine if this information will
be required.
Please respond, in writing, both to this Office and to John Dorney, 2321 Crabtree
Blvd., Raleigh, NC 27604-2260 within three weeks of receipt of this letter outlining your
intent to proceed with this project or withdraw your application. If you wish to proceed,
please address the items listed above.
If you have any questions regarding this matter, please contact Mrs. Jennifer Frye or me
at [phone].
Sincerely,
Larry D. Coble
WQ Regional Supervisor
cc: Mr. Lee Burnette, City of High Point, PO Box 230, High Point, NC 27261
Raleigh Field Office, US Army Corps of Engineers
Wilmington Office, US Army Corps of Engineers
Wetlands/401 Unit Central Office
Central Files/WSRO
Oto? Vv ti rFRQG
o -c
Michael F. Easley
Governor
William G. Ross, Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Qualitv
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650
Contact Information: General 919-733-1786 Fax: [phone]
Fax To: Fax Number:
Company:
From: Phone:
No. Of Pages including cover sheet: S
Notes or special instructions:
77?,, - -t4 ? f `r 1 --71 o ??'t P ?-F -1'4,f
Date:
_CD
Division of Water Quality 2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260
Wetlands/401 Unit: [phone]
Fax: [phone]
DEM XD:
0102?1,
GpFtPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 4):
PRE--CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIOt:RgIDE PERMITS THAT REQUIRE
1) NOTIFICATION T0, 11uz CORPS OF ENGINEER::
2) A11PLICATION Volt SECTION 401 CERTIFICATION
:1) COORDINATION WITH TIU; NC DIVISION OF COASTAL M.gNAGEMENT
SEND THE ORIGINAL AND (I) COPY OF THIS COMPLETED l"OI2M TO TUZ Al'PF2OPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES S"ZT). SEVEN
(7) COMES SHOULD 13E SL•'NT TO THE N.C. DIVISION OF ENVIRONMENTAL 1UA14ACZMENT
,,LE AGENCY ADDREI;3E5 SHEET) - PLE/\SF, VR'INT.

?.. owza?RS z7?:zal;
2. MAILING ADDRESS: SUBDIVISION NAME:
?"`sd? ?1'?-b`j??-
?,\
N r`
CITY: ???d1?(1?7 STATE: ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE).
(WORK) : (334? 2C1Z -1D? D
3. TELEP11ONE NUMBER (HORSE) :
4. Ik AL'PLICAIILB;
P)IONE NUMBER: - Dt?w
m
m z
p -i
5. LOCATION OE- WORK (PROVIDE A MAP, PREFERALILY A COPY OF U5GS TOPOGRAPHIC
MAP OR AERIAL PHOTOGItAPHY WITH SCALE) ul( O?
COUNTY: NEAREST TOWN OR CITY: •

T'S NIU4E OR RESPONSIBLE CORPORATE; OFFICIAL, ADDRESS,
rn
i
?./?y{L(L?S ?l r(L6?1E `?? SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
CL ?ss?q- too
V-A-IT 01F 4(\?tlj 414,0

6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-11)? YE." [ ] NO ICK? IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF CfOASTAL
MhNAGLMliNT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO ??"
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Ga. 11AVS ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY"? YES [ ] NO ? IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
ali_ ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ) NO t4_ IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
VILLING : EXCAVATION:
FLOODING:
DRAINr4GE :
D.l A, G
OTHER:
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CI{ANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOT11 BEFORE AND AFTER RELOCATION) :
P?/a AFTER.
FT FT
LENGTH IIEP'ORE:
_
wIDTIi 13EE'01 E (based on iiorutal high water contours) :
1'
laDT11 AFTER:

FT AFTER:
i5" r}
AVERAGE DEPTH. BEFOItL: -M (2) 5 r ii,Ahf CH1?N[vr'r. 4YACTS WILL 91.SOVI, F1tOM: (CHECK ALL TIULT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CIiANNL'L :
CILLNNf::L EXCAVATION' CONSTRUCTION OF A DAZI/Y'LOODING:
OTHER: V-O-A.Oat F11"
11. IF CONSTRUCTION OF A POND IS PR(?gc3D, WIIAT IS THE SIZE Or THE
WATERSHED DRAINING TO THE POND? JJ
?lfA
1,711AT IS THE EXPECTED L'OND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION 01, TYPE OF
> ATTACH PLANS: 8 1/2" X-11" DBAWINC5
ONLY) : IICAL 1,JY EQUIPMENT MENT TO BE - USED (ATTACH, YA-VA . 1--)
?
ONLY) f-?1,?- tat?oQaSic?p (t0"?cn?'a?/
L ",f P-jt t,i CjAhN PRk - uj & Lax DvL .
},i GSM
13 . PURPOSE OF PROPOSED WORK:
3
14. STATE IkEASONS WHY IT is BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MUASUItUS TAKEN TO MINIMIZE WETLAND
IMPACTS):
V_0"tvrra'1

ARE REQUIRED TO CONTACT CFI5HERYES SERVIC?DNW?:S•? ISAGENCx '^/c? L ,'• ? \
(USL'W5) AN M ? NCE ERALLY LISTED OR
ADDRESSES SHEET) REGARD c
PROPOSED FOR LISTING ENDA_NGFR CTES OR CRITICAL iiABITAT
F ,
IN THE PERMIT AREA E_AFFECTED BY THE PROP DATE
(ATTACH K•
CONTACT
ESE AGENCIES.)
TIf:pUIRj:D-xo-CONTACT.•.THE STATE HISTORI_C._PJILSERV.AQ?..?i+•fC a?"fT'rr
ARE T_ AD (SHPO) (SEE AGE - R ?„•• ?OF HISTORIC
- •• E'•PROPOSED
PROPERTIk:S- FIN -ILI RICH MAX L5
'
E CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR.THE USE OF
PUBLIC (STATE) LAND?
YES [) NO (IF N0, GO TO 18)
Zi. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT L'URSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES () NO [)
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
XES [) NO O
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT-
QUESTIONS REGARDING -THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPPiRTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA '2.7603-8003, TELEPHONE (919)
4
1E3. THE FOLLOWING ITEMS 5HOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WLTLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 10, 21, 26,
29, AND 30). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BU SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RILLEVANT TO THZ PLACEMENT OF THE DELINEATION LINE.
d. ATTACH P. COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
c. WHAT IS LAND USE OF SURROUNDING PROPERTY"?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITIIER THE ISSUANCE OR WAIVER. OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN TIIE TWENTY COASTAL COUNTIES ONLY) , A LETTER M- OM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
DATE
I
5

1 6.45 Ac•?I I sl 26 Sb GIC•

I 4
119.67 Ac.) 3
;
(4)

r

C
s0 3
5.50 nL, ..?P
5! AC
SZ-35R?• (40. 76 AC.) ? tl'tSniT
rat::... c
I

((ftJNrif A" 10 `J

. 123)
Fr{
° t-1(nDY

13 4-0,q6 .4..
n

7•SD A`
1
0

,1
Z _. _
P? X9
?.
POINT_
1!I Inl -1J
_ - _ ,. ?• I / ? I61.62 Ac.l <e gyp'
Fa ?. ,` ?NP 491- 3
„
'"10 1-151 IF tl tl0 -'f91 l 18
7
2 22 A4 ?L 'eammAat, ;. `
61
23--- 24
, 31
CSnC 32 17
1.15n 2.05nc pono
,
ONZ
A - hJ \ 40.76AC•

?
nl N A

\' _ 1
f / l4
41 21
26 6
to eo nc

. 5

?
ls2

1?1 ?
20
` / ?
.? .r/ II 4 (0.72 AC1
/
/f
.a
? 7
I . .
..u
/
?
l9 it 10 1.66Ac. rICp
12
Nods• v
DEEP q r(A

{t 2.65 nG.1 _
N-,
lei
.?
. -
,, (M 9J
,
-

--• \ M ?`/ IN :RAM1I 5V901 VI:ION 3
21

.D `7 a.efsaaa
27. 6rAc
AC
`
` _
• .1F1 J

: "tf
L
RIY[
c•rr,.
h

>r.
rT;`

9
im.-C-o h

-
'T rTT: -n-rrrr
7? zl ??--ITrrr (rrrrrrmrl
I ??IL
CI
SCALE IN 1/10 OF AN IHCN
___ 406
I- I l%W 4-
IL;, d r?80?Q / i
.09
r
1? g6` /
/ Arid Va .ggg?.R? '?a g?° d R. /` f ?v 1
/ f 1 X91
a
*41
/
0?'//?i
::i 4
I II ' I I I I ? I I I 'Il II II III I
I
I
I II

I
i I i!I II I III I? ?
I t ' ` ? -f? i- ? i ..
I I ?1-11,I ,II ,
t I I I l
I I
1
?
?
-?
i
- -i.
_L .
I
I
1
! i !I
I ?
? ?,I
i ? I -
11
'
;,; ',
1 lii ;; II
I
I ? ! I I ? ' , ' ??, I ,,jlj Illi li ij'ii
I I I I
I I I ?i I? I ? II ??,i
I
? l
.I I I I III ?
I j
, ?'- ?'?? It ir;l III*.
III ? , ; I l I I ? 111 I I` II ? -1-
fil 1l
'
l
.
:rt *L , _
I I I I,
I Ili I 'i III i ?i I I illj Ii?lI - I'II III
I I I ?
I II? ? I

!!; ;
II
?
?
1 I I I I I I I'
? I
I , ; I I I ?
?!?, II11 ? I III I i 1 11 t- I
I ,' I , ?
I I I I , I I
i
1
?
I
?
,
,
1
? ; 'I i I II ? !I ' ! III ' I ? III
1 '
1
Ijl I
Ilil loll I li I ..
' I
' I ? I I I I ? l i'
I I I l 11 I I I ? I ' I ' I I I '
I
? I'' l l? l" 1?,-,-
I
?
??-`
i ?' , '
,
? I ? I'I, I I l
I ,, 'I,I?
; I , I I , II li
,
'
I
,
.
,
.
?',I?''I?'??
I 11 I
I I I
!
li?l I I I 111 i,ll III!! I j1
I I ' I? I I I I
I I'' I I ? I

I I
I
III ' I I I I I ! I l t ±) j I I I I I I I
?I i t I IIII I it ( ; ll I'?'
I I! I l i l I l I I? I I I I? 1 1 III l i .. I I I I
! I II !I II IIIi I III II I I IIt IIII Iill
l I I Ii1 11,
1111 I IIi I Il li Ili I II I ?Iil III 11 I it 1! it
I ?, I I ,

I I I
I I I
I

III I I !I
III I I I I? I I j
?
1 i 1 I L; i t i, 11
li Ill Ili I Ill
Ili I II!I III. ,
I

I I

,
ji
I I
1
I I II I II II
I III ?
1111
.l ? I
I? hill
II

I it ! I
I l
I ? }?J I l II I I I i I I I
Q? I * t
II III IIIi II? ,,II Ilia, I ,
I.tj.i-r?'i ?, i?'-7
1111 II II Il*i II
I. 4-H i--` ?? I I I' 1??i
I'.i !III II.I .I
I I :III I?I ii

'1 -'- 1 '. ` -`-
r II
,,III i n-'-!-+ .
ti_.; ri_+.-4_,?',

,
010211
U.S. ARMY CORPS OF ENGINEERS
Wilmington District 2 3 2001 V e
Action ID: 200120192 County: Guilford w u?
GENERAL PERMIT REGIONAL AND NATIONWIDE VERIFICATION
Property Authorized
owner: New Castle Investment Co. Agent: Borum, Wade, and Associates
c/o Barry Siegal C/o Mike Otto
Address: 3411-D West Wendover Avenue Address: P.O. Box 14215
Greensboro, NC 27041 Greensboro, NC 27415-4215
Telephone: [phone] Telephone: [phone]
Size and Location of Property (Waterbody, Highway name/number, town, etc.): New Castle
Investment's proposed Parkway Village Subdivision property, located off of Morris Farm Drive,
adjacent to an unnamed tributary of Long Branch, near High Point, in Guilford County, North
Carolina.
Description of Activity: Access road construction for the proposed development resulting in
approximately 0.10 acres of impacts to the jurisdictional waters of an unnamed tributary of Long
Branch.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
X 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 numbe4(919) 876-8,141, extAsion 25.
Regulatory Project Manager Signature
Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF:
If
NATIONWIDE PERMIT #14: LINEAR TRANSPORATION CROSSINGS
Activities required for the construction, expansion, modification, or improvement of linear
transportation crossings (e.g., highways, railways, trails, and airport runways and taxiways) in waters of the
United States, including wetlands, provided the activity meets the following criteria:
a. This NWP is subject to the following acreage and linear limits:
(1) For public linear transportation projects in non-tidal waters, excluding non-tidal wetlands
adjacent to tidal waters,. provided the discharge does not cause the loss of greater than 1/2 acre of waters of
the United States;
(2) For public linear transportation projects in tidal waters or non-tidal wetlands adjacent to tidal
waters, provided the discharge does not cause the loss of greater than 1/3 acre of waters of the United States
and the length of fill for the crossing in waters of the United States does not exceed 200 linear feet, or;
(3) For private linear transportation projects in all waters of the United States, provided the
discharge does not cause the loss of greater than 1/3 acre of waters of the United States and the length of fill
for the crossing in waters of the United States does not exceed 200 linear feet;
b. The permittee must notify the District Engineer in accordance with General Condition 13 if any
of the following criteria are met:
( I ) The discharge causes the loss of greater than 1 /10 acre of waters of the United States; or
(2) There is a discharge in a special aquatic site, including wetlands;
c. The notification must include a compensatory mitigation proposal to offset permanent losses of
waters of the United States to ensure that those losses result only in minimal adverse effects to the aquatic
environment and a statement describing how temporary losses of waters of the United States will be
minimized to the maximum extent practicable;
d. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of the affected special aquatic sites;
e. The width of the fill is limited to the minimum necessary for the crossing;
f. This permit does not authorize stream channelization, and the authorized activities must not
cause more than minimal changes to the hydraulic flow characteristics of the stream, increase flooding, or
cause more than minimal degradation of water quality of any stream (see General Conditions 9 and 21);
g. This permit cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or
aircraft hangars; and
h. The crossing is a single and complete project for crossing a water of the United States. Where a
road segment (i.e., the shortest segment of a road with independent utility that is part of a larger project) has
multiple crossings of streams (several single and complete projects) the Corps will consider whether it
should use its discretionary authority to require an individual permit. (Sections 10 and 404)
Note: Some discharges for the construction of farm roads, forest roads, or temporary roads for
moving mining equipment may be eligible for an exemption from the need for a Section 404 permit (see 33
CFR 323.4).
Nationwide Permit General 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.
N
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.
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 General Condition 21 for stormwater management 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.htmi and
http://www.nfms.gov/prot_res/esahome.htmi, respectively.
2
I
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
and the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect historic
properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must
state which historic property 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 permittee has not received written notice from the District or Division
Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Notification: The notification must be in writing and include the following
information:
(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
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 include a compensatory mitigation 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
4
r
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
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.
5

(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
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 NAT 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 NAT 13, the maximum acreage loss of waters of the United States for the total
project cannot exceed 113 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 NW 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
6
44,
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
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 determines 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 maybe
authorized in designated critical habitat for Federally listed threatened or endangered species if the activity
complies with General Condition 11 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 1.00-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) Floodway. 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.
BORUM, WADE AND ASSOCIATES, P,A.
ENGINEERS * PLANNERS * SURVEYOR
405-D PARKWAY (27401)
P.O. BOX 14215
GREENSBORO, NC 27415-4215
PHONE: [phone] - FAX: [phone]
TRANSMITTAL LETTER
TO: John Dorney
NC Department of Environment and Natural Resources
Division of Water Quality
Wetlands 401 Unit
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Phone: [phone] Ext.
DATE: 2/15/01
RE: Morris Farm Drive Extension
High Point

(x) herewith ( ) under separate cover
( ) Via FAX - pages including this sheet. This Fax Will be Mailed () Yes () No
For Your:
( x) approval
( j review & comment
x use
010271
The Followina:
Copies Date Descriptions
7 PCN
1 ARMY CORP OF ENGINEERS PERMIT 404 ETC
1 CHECK IN THE AMOUNT OF $475 FOR REVIEW FEE

Remarks:
PAYMENT
RECEIVED
SENT BY: COPY TO:
Mike Otto