20011176 Ver 1_COMPLETE FILE_20010802

SEP-21-2001 Oe:47 BENNETT/MCCONKEY
N
919 726 7975 P.01
FAx T&ANSMISSION
BENNETT AND MCCONKEY, P.A.
1007 Shepard Street
P. 0. Drawer 189
MQreheatl City, NO 28557
[phone]
Fax: [phone]
To: Gregory J. Thorpe, PhD Date: September 21, 2001
Fax #: 919-733_68Q3 Pages: 2, including this cover shcet.
From: Sam McConkey
Subject: DWQ Project #011.176
COMMENTS:
Please review the enclosed Wetlands Deed Notification which we propose to use in the above-
referenced project to satisfy the condition set forth in your August 22, 2001, letter addressed to
Mrs. Church. If we need to make any changes in this notification form or content, please let me
know, and if it is satisfactory, please let me know as well.
CONFIDENTIALITY NOTICE!
The information contained in this FAX trattindthd is privileged, roondentiat and intended for the addressee only. If you are neither the
intended recipient nor the employee or agent responsible for delivering this FAX to the intended recipient, any disclosure of this
information in any way, or iaktng any action in reliance an this Information, is strictly prohibited. If you have received this FAX in
error, please Immediately notify the person truns,nttted the FAX, by collect csll, if necessary for further instructions. Thank you.
SEP-21-2001 08:47 BENNETT/MCCONKEY 919 726 7975 P.02
4

September .2001
COMPLIANCE WITH WETLAND REGULATIONS
In accordance with Title 15 NCAC 2H.0500, the following DEED NOTIFICATION is hereby
recorded in the Carteret County Registry. Said Deed Notification applies to Lot Number 6, Block
99, on the official map of the Town of Morehead City, Carteret County, North Carolina as shown
on Map Book 1, page 139, Carteret County Registry, and as shown on plans titled "Chuck Bissette
Recombination of Lots 6-10, Block 99, Town of Morehead City" by James I. Phillips, RLS, dated
September 6, 2001, of record in Map Book 29, page 983, Carteret County Registry.
date: September _ , 2001
"A portion of this lot has been determined to meet the requirements for designation as a
regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the requirements
of the state wetland rules adopted by the State of North Carolina in force at the time of the proposed
alteration. The intent of this provision is to prevent additional wetland fill, so the property owner
should not assume that a future application for fill would be approved. The property owner shall
report the name of the subdivision in any application pertaining to said wetland rules. This covenant
is intended to ensure continued compliance with wetland rules adopted by the State of North Carolina
and, therefore, benefits may be enforced by the State of North Carolina. This covenant is to run with
the land and shall be binding on all Parties and all persons claiming under them."
Rachel P. Church
111 Webb Street
Morehead City, NC 28557
Phone Number: [phone]
STATE OF NORTH CAROLINA
CARTERET COUNTY
I, a Notary Public of the State of North Carolina, Carteret County, hereby certify that owner
personally appeared before me this day and executed by above certification.
Witness my hand and notarial seal, this - day of September, 2001.
Notary Public
My commission expires:
17:1bmtrnVENESA1REALE.571wetlandsnotification.wpd
TOTAL P.02
ON\ `?F vvr,r?Rp?
micnaei r. r-asiey, tjovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
August 22, 2001
Carteret County
DWQ Project # 011176
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Rachael Church.
Post Office Box 995
Morehead City, NC 28557
Dear Ms. Church:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres of
wetlands for the purpose of constructing a home at 1012 Shephard Street, Moorhead City, NC as described in your application dated
August 2, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3016. This certification allows you to use Nationwide Permit Number 18 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.
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 Danny Smith at 919-733-9716 or Joanne Steenhuis at our Wilmington Regional Office at 910-395-3900.
Sincerely,
Attachment
cc:
Corps of Engineers Wilmington Field Office U
Wilmington DWQ Regional Office
File copy
Central Files
T.D. Eure Construction Co; PO Box 650, Morehead City, NC 28557
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]

. MAX
AA
C)Et'i!€
Customer Service
1 800 623-7748
OF W ATFR
Q Michael F. Easley
Governor
j f William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
(? Y
Kerr T. Stevens
Division of Water Quality
2-U , 2001
County
DWQ Project # 111-6
APPROVAL of 40/1?'Water Quality Certification and ADDITIONAL CONDITIONS
p-,6j"q4 l_M -
k! Up q95
pjC1
Dear Iv%
You have our approv L ,inn accordance wi a attached conditions and those listed
below, to place fill materi In C? r acres wetlands a s
for e purpose of at as described in your application dated
? Z-M After reviewing your application, wg have decided that this fill is covered by
eneral Water Quality Certification Nu ber This certification allows you to
use Nationwide Permit Number 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).
An additional condition is that a final, written stormwater management plan shall be
approved by this Office before the impacts specified in' this Certification occur. The
stormwater management plan must include _plans and specifications for stormwater
management facilities designed to remove 85% TSS according to the most recent version
of the NC DENR Stormwater Best Management Practices Manual. Also, before any
permanent building is occupied at the °subject site, the facilities, as approved by this
Office, shall be constructed and operational, and the stormwater management plan, as
approved by this Office, shall be implemented.
M
l? EI•
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]

? 0
C,OF WAT ?RQ Michael F. Easley
O G Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
? Y
Kerr T. Stevens
Division of Water Quality
3? 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.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean W er Act. If you have any questions, please telephone at 919-
733-1786 or dMVLf- at our iJJ e 1iv? 1r Regional Office at
%wl ?uhs
Sincerely,
Kerr T. Stevens

Attachment
cc: Corps of ngineers w 1'Y Field Office
W, X :\v Y` DWQ Regi nal Office
File cop
Central Files C
• ? ?. ?. a, ?/Y LSD, 17
-F-D, Fuv-f-
Z. 0- CGsu j
ENR
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
LETT ER OF TRANSMITTAL
'F.D. Ei URE CONSTRUCTION CO., INC. 401 ISSUED
P.O. Box 650
Morehead City, NC 28557 Transmittal No.
I'lione: [phone]
Fax: [phone] Date: 7/3 6,!

01 1176
DESCRIPTION:

m0
FOR APPROVAL
FOR YOUR USE
---/AS REQUESTED
?/ FOR REVIEW
APPROVED AS SUBMITTED
APPROVED AS NO'T'ED
PLEASE COMMENT
RESUBMIT
SUBMIT
OTHER
PAYMENT
REWEIVED
FjIFCOp*k
1013 Shepard Street
'V®
Morehead City, NC 28557
011176
TABLE OF CONTENTS
1. Pre-Construction Notification Application 1-12
2. NCDENR Division of Coastal Management letter 13-14
3. Vicinity Map 15
4. Site Map 16
5. General Permit Verification 17-27
6. Preliminary land & soils evaluation 28-30
7. Power of Attorney 31-32
r7 d-
4 .
.J
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rn
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rn
8. Site Photographs 33-34
Ix,
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 444 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.aTmy.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.gM.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 4011Wetlands Unit website at
hLtp://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the Internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
7)0n 1 of 11

CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 4041401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf,
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Dorm 7 of 11
Office Use Only: Form Version April 2001
USAGE Action ID No. DWQ No. 011176
If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Rachael Church
Mailing Address: PO Box 995
Morehead City, NC 28557
Telephone Number: 252-726-8549 Fax Number: None
E-mail Address: None
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Charles Bissette
Company Affili ation: T. D. Eure Construction Co. Inc.
Mailing Address: P.O. Box 650
Morehead City, NC 28557
Telephone Number: 252-728-4191 Fax Number: 252-728-4192
E-mail Address: tdeureOJiotmail.com
porno ? of 1 7
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format,
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
Name of project:
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN)
9614
4. Location
County: Carteret Nearest Town: Morehead City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): South-east comer of
l la` Street and Shepard Street.
5. Site coordinates, if available (UTM or Lat/Long): N 34* 43.162 W 076* 43.030
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Five -platted lots All vacant
7. Property size (acres): 0.57 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Bogue Sound
9. River Basin: White Oak Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
Rivet Basin map is available at http://h2o.enr.state.ne.us/admin/mapsl.)
P.`ro A of V)
10. Describe the purpose of the proposed work: To -provide drainage and prevent ponding
Rainwater for three-lot residential development.
11. List the type of equipment to be used to construct the project: Bulldozer
12. Describe the land use in the vicinity of this project: Residential
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Action ID 200000915
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
Possible residential pier
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream charnels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1D.- i of 11
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100 year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of wetland***
1 Fill <.10 Yes N/A 404

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FRUA), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at btta:l/www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:.20 acre
Total area of wetland impact proposed: < .10 acre
2. Stream Impacts, including all intermittent and perennial streams NIA
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
StreamName** Average width
of Stream
Before Impact Feramial or
Intermittent?
(please specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us$s.aov. Several intenet sites also allow direct download and printing of USGS maps (e g., www.topozone com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
D.- 4 of 1 ?
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on map)
Type of Inipact* Area of
Impact
(acres) Name Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation NIA
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.) :
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Area nronosed to be filled is near center of tract. A 444 wetland area +/- 0.14 acre will
Remain undisturbed. Fill area is landward of the 30' MHW buffer and landward of the
75' AEC.
D.- 7 of 11
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.ushncwetlands/strmgide.ht nl.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Piano Q..f 77
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hM:1/Yi2o.em.statenc.usiwiplindeY_ to If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Suppl Buffer Requirements), or other (please identify )?
Yes No ® If you answered "yes", provide the following information:
D.- 0 of 11
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zones squaarre feet Multiplier Required
1 +J- 3900 SF 3 NIA
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration f Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious acres existine..17 impervious acre proposed
Stormwater will be directed to existing municipal g stem.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal System Town of Morehead City
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
pond 1 A of 17
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
C. B. Bissette, Jr.
Applicant/Agent's Signature / Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville,NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Cunituck Jones
US Army Corps Of Engineers Bettie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
T3.- 1 1 .,f I l
US Fish and Wildlife Service 1 National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699.4617
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Keanersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
pahP 1) RT V)
JUL'L3-eUVI !lull 1c-4c ru nv ulv yr vvnaim uumij rnrn nv. GVGLYIJJJU i. vc
North Carolina Ill l III
Department of End ent and Natural Resources
Division of Coastal Management
Michael F.1;'.usMey, Governor NCDENR
William G. Ross Jr., Secretary Donna D. Moffitt, Director
Mr. Kenneth Putnam July 23, 2001
c/o Putnam Real Estate Company
3800 Arendeli Street
Morehead City, NC 28557
Dear Mr. Putnam,
1 have reviewed the topographical data you submitted for property owned by Ms. Rachael Church,
located at the corner of Shepard Street and I It' Street in Morehead City. Additionally, I have made
several site visits during various levels of the tide. At my request, Mr. Mickey Sugg of the US Army
COE, and Ms. Joanne Steenhuis of the NC DVIIQ have visited the site. Mr. Sugg has concurred with
the wetland survey submitted on your behalf by Land Management Group, and surveyed by John
Collier.
As we have discusssd, the Issue with this property has been the Interaction of the wetlands with the
estuarine system. Given that the soils are comprised of relic spoil material from the excavation of the
adjacent federal channel, there is a high level of salinity present, and the substrate contains rhizomes
and seeds from wetland plants. The property abuts Shepard Street at a point where the storm waters
tend to pond, and flow onto Ms. Church's property. It has been my observation that this water ponds
on the northwest side of the property, and to a point slightly further south on the northeast side, Taken
together, these Circumstances are conducive to the colonization of wetland species.
Through the seasons of the past tow years, the system has changed, becoming wetter and more
homogenously coastal in nature. This has made the determination of what wetlands function as
coastal marsh difficult While i made the determination approximately 4 years ago that the wetlands
north of the berm separating the estuarine waters at the site were not coastal, this has changed
somewhat Over time, there has been an overwash connection made along the southeast property line
that has allowed for the colonization of a healthy pistic li Spt
I.Ig 3 marsh, connected by extreme fide
events. About midway north of the southeast property line, there Is another berm, which does not
appear to have been breached by tidal events to date (hurricanes and tropical storms excepted). The
recent scrutiny I have given the property has been to determination the connectivity and functionality of
the wetland area north of this berm. Based on site characteristics, the submitted topographical
information, and In coordination with the COE and DWQ, I have made the determination that
this wetland area, although dominated by coastal species, does not Interact with the estuarine
sysfeM on a regular or Irregular basis (hurricanes and tropical storms excepted). I asked Mr.
Ted Tyndall, District Manager of this offices to make a site visit for his input on July 20, 2001, and he
concurred with my call. As such, any filling of the !Met/acrd areas landward of this berm, located of
approximately PP 3.40 on your survey and 78' or greater from the normal high water contour
line will not require DCM authodkedon In the form of a permit. it Will require autholuation from
the US Army Corps of Engineers, and a 409 Water Quality Certlitcation from the NC Division of
Water Quality.. -
If at any time you choose to develop within Vat the normal high water level, DCM authorization will be
required. Any filling of wetlands determined to be coastal in nature and functioning as such will be very
difficult and probably prohibited by rule. I will caution you that this system is very dynamic. Any future
storm event may breach the germ at PP 3.46, end cause the wetlands in question to be connected to
the estuarine system, Normal tides will also cause natural subsidence over time, also connecting the
two systems. The determination that the wetlands in question are not currently functioning as coastal
marsh Is vaiid for 90 days. At that time, if the wetland area has not been filled with the proper author -
Morehead City District 1151-B Hwy, 24, Hestron Plaza II
Morehead City, North Caroling. 28557
Phone; 252-808-2808 \ FAX: [phone] Internet: http://dem2.enr.state.ne,us
AN EQUAL OPYOR'RNC1 Y 1 AriFIRMATIYE ACTION EMPLOYER - 50% RECYCLED 110% POST CONSUMER PMER
JUL-Ld-eUU 1 l7VPi 1G: 4j rig rill v i v ur VUna 1 HL 11UR Y 1 rnn nv. cucc i i aaju F. uJ
• Page 2 July 23, 2001
Putnam Real t:state Company
Izations, and consequently removed from jurisdiction, further review will have to be made. If you have
any questions, please feel free to call me.
Sincerely,
T. Barrett
cc. Ted Tyndall, DCM
Mickey Sugg, COE
Joanne Steenhuis, DWQ

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STATE OF NORTH CAROLINA
COUNTY OF CARTERET
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that we RACHEL P. CHURCH and
husband PHILIP S. CHURCH, SR., of Carteret County, North Carolina, have made and
constituted and do hereby make, constitute, and appoint CHARLES B. BISSL[M, JR. as my
true and lawful Attorney-in-Fact to do for us and in our place and stead any and all things that we
could do for ourselves relating to matters involving the development of our vacant real estate property
located in the town of Morehead City, North Carolina at the junction of Shepard Street and 11`x'
Street the same being a rectangular tract of land running southward to the waters of Bogue Sound.
This grant of authority specifically includes, but is not necessarily limited to the power to seek zoning
changes; the power to apply for regulatory permits; the power to alter the property and the power to
mare improvements thereto.
AND WE DO HEREBY RATIFY AND CONFIRM all things so done by our said
Attorney-in-Fact within the scope of the authority herein given to him, as fully and to the same
extent as if by us personally done and performed.
THE POWERS OF North Carolina General Statute §32A-2 are hereby conferred expressly
on my within-named Attorney-in-Fact and are hereby incorporated by reference as the same may
_ exist at the time of my execution of this Power of Attorney and as such statute may be modified from
time to time by the legislature.
THIS POWER OF ATTORNEY is made and executed by us pursuant to the provisions
of N.C.G.S. §32A-8 and it is our express intention that this Power of Attorney shall be a durable
Power of Attorney and shall not be affected by our subsequent incapacity or mental incompetence.
THIS POWER OF ATTORNEY shall remain in full force and effect for 24 consecutive
months after the date of execution, and any action'undertaken during this time period is fully ratified
even though such action may not tape effect during the time frame stated in this Article.
This the day of `J /4.?` ,2001.
?. d?_(SEAL)
Rachel P. Church, Declarant
(SEAL)
Ai"IV
Phi ip S. C rch,Sr., Declarant
S
4

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, a Notary Public of the County and State aforesaid, certify that RACHEL P. CHURCH
and PHILIP P. CHURCH, SR., personally appeared before me this day and acknowledged the
execution of the foregoing instrument.
y?
Witnesa my hand and official seal this A-?5'day Of
2001.
l
Notary Public
My commission expires:
G1 Saw?11VPbON?ISCIjwnl wnl? n.pac??rc?bJuatt. epd
F:-

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.: 200000915
County: Carteret
Quad
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Rachael P. Church
Post Office Box 955 Morehead City, NC 28557
Telephone No: [phone]
Zone: UTM or LAT/LONG: North: East:
Size and Location of project (water body, road name/number, town, etc.): The lot is located on the corner of 11`s
Street and Shepard Street, adjacent to Bogue Sound in Morehead City, Carteret County, North Carolina.
Description of Activity: Authorization to discharge fill material into 250 square feet of adjacent Section 404
wetlands for the development of the lot. Reference my 9/24/99 inspection of the delineation.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW 18 Nationwide Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404
(if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]. For any activity
within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWT. Any violation of the conditions
of the RGP or the*NWP referenced above may subject the permittee to a stop work order, a restoration order, andlor
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/pen-nits. The permittee may need to contact appropriate
State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: April 20, 2000
Corps Regulatory Official: Mickey T. Suggy Telephone No.: [phone]
Expiration Date of Verification: June 7, 2002
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT #18: MINOR DISCHARGES. Authorizes discharges of dredged
or fill material into all waters of the United States provided that the activity meets all the
following criteria:
a. The quantity of the discharge and the volume of the excavated area does not exceed
twenty-five (25) cubic yards below the plane of the ordinary high water mark or the high tide line;
b. The discharge, including any excavated areas, will not cause the loss of more than 1/10
acre of a special aquatic site, including wetlands. For the purposes of this nationwide
permit(NWP), the acreage limitation includes the filled area and excavated area plus special
aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so
that they would no longer be a water of the United States as a result of the project;
c. If the discharge, including any excavated area, exceeds 10 cubic yards below the plane of
the ordinary water of the high tide line or if the discharge is in a special aquatic site, including
wetlands, the permittee notifies the District Engineer in accordance with the "Notification"
general condition. For discharges in special aquatic sites, including wetlands, the notification
must also include a delineation of affected special aquatic sites, including wetlands;
d. The discharge, including all attendant features, both temporary and permanent, is part of
a single and complete project and is not placed for the purpose of stream diversion; and
e. This NWP cannot be used in conjunction with NWP No. 26 for any single and complete
project.
NATIONWIDE PERMIT.CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used
and maintained in effective operating condition during construction, and all exposed soil and other
fills, 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 water body, including those species which normally
migrate through the area, unless the activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with any regional
conditions which may have been added by the Division Engineer (see 33 CFR j30.4(e)) and with
any case specific conditions added by the Corps or by the State or tribe in its Section 401 water
quality certification.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a "study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate Federal
agency, with direct management responsibility for such river, has determined in writing that the
proposed activity will not adversely effect the Wild and Scenic River designation, or study status.
Information on wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water quality certification. The permittee must comply with all conditions of General
Water Quality Certification No. 3106, issued by the North Carolina Division of Water Quality
(NCDWQ) on February 11, 1997.
10. Coastal zone management. The North Carolina Division of Coastal Management
(NCDCM), has determined that this NWP is conditionally consistent with the North Carolina
Coastal Management Program. Notification to and written concurrence from the NCDCM is
required prior to work in the twenty (20) coastal counties of North Carolina.
11. Endangered species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall notify the District
Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project,
and shall not begin work on the activity until notified by the District Engineer that the
requirements of the Endangered Species Act have been satisfied and that the activity is
authorized.
b. Authorization of an activity by a NWP does not authorize the take of a
threatened or endangered species as defined under the Federal Endangered Species Act.
In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non-lethal takes of protected
species are in violation of the Endangered Species Act. Information on the location of threatened
and endangered species and their critical habitat can be obtained directly
from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries
Service or their world wide web pages at http://www.fws.govPr9endspp.htmi and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery, respectively.
12. Historic properties. No activity which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible
for listing on the National Register of Historic Places, and shall not begin the activity until notified
by the District Engineer that the requirements of the National Historic Preservation Act have been
satisfied and that the activity is authorized. Information on the location and existence of historic
resources can be obtained from the State Historic Preservation Office and the National Register of
Historic Places (see 33 CFR 330.4(g)).
13. Notification.
a. Timing. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a Pre-Construction Notification (PCN) as early as possible and
shall not begin the activity:
(1) Until notified by the District Engineer that the activity may proceed under the
NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified by the District or Division Engineer that an individual permit is
required; or
(3) Unless 30 days have passed from the District Engineer's receipt of the
notification and the prospective permittee has not received notice from the District or Division
Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified,
suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The notification must be in writing and include the
following information:
(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; and other NWP(s), regional
general permit(s) or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity; and
(4) For NWP 18, the PCN must also include a delineation of affected special aquatic
sites, including wetlands (see paragraph 13.f.).

c. Form of Notification: The standard individual permit application form (Form
ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must
include all the information required in b.(1)-(4) of General Condition 13. A letter may also be
used.
d. District Engineer's Decision: In reviewing the pre-construction notification for the
proposed activity, the District Engineer will determine whether the activity authorized by the
NWP will result in more than minimal individual or cumulative adverse environmental effects or
may be contrary to the public interest. The prospective permittee may, optionally, submit a
proposed mitigation plan with the pre-construction notification to expedite the process and the
District Engineer will consider any optional mitigation the applicant has included in the proposal
in determining whether the net adverse environmental effects of the proposed work are minimal.
If the District Engineer determines that the activity complies with the terms and conditions of the
NWP and that the effects are minimal, the District Engineer will notify the permittee and include
any conditions the District Engineer deems necessary.
Any mitigation proposal must be approved by the District Engineer prior to commencing
work. If the prospective permittee elects to submit a mitigation plan, the District Engineer will
expeditiously review the proposed mitigation plan, but will not commence a second 30-day
notification procedure. If the net adverse effects of the project (with the mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant stating that the project can proceed under the terms and
conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then he will notify the applicant either:
(1) that the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an individual permit;
(2) that the project is authorized under the NWP subject to the applicant's submitting
a mitigation proposal that would reduce the adverse effects to the minimal level; or
(3) that the project is authorized under the NWP with specific modifications or
conditions.
e. Agency Coordination. The District Engineer will consider any comments from
Federal and State agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level.
Optional Agency Coordination. For NWP 18, where a Regional Administrator of EPA, a
Regional Director of USFWS, or a Regional Director of NMFS has formally requested general
notification from the District Engineer for the activities covered by any of these NWPs, the Corps
will provide the requesting agency with notification on the particular NWPs. However, where the
agencies have a record of not generally submitting substantive comments on activities covered by
any of these NWPs, the Corps District may discontinue providing notification to those regional
offices. The District Engineer will coordinate with the resource agencies to identify which
activities involving a PCN that the agencies will provide substantive comments to the Corps. The
District Engineer may also request comments from the agencies on a case by case basis when the
District Engineer determines that such comments would assist the Corps in reaching a decision
whether effects are more than minimal either individually of cumulatively.
f. Wetlands Delineations. Wetland delineations must be prepared in accordance with
the current method required by the Corps. The permittee may ask the Corps to delineate the
special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the
30-day period will not start until the wetland delineation has been completed and submitted to the
Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider when determining the
acceptability of appropriate and practicable mitigation include, but are not limited to:
(1) To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology and logistics in light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider mitigation banking and
other forms of mitigation including contributions to wetland trust funds, inlieu fees to
organizations such as The Nature Cpnservancy, State or county natural resource management
agencies, where such fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be appropriate and
practicable include but are not limited to: reducing the size of the project; establishing wetland or
upland buffer zones to protect aquatic resource values; and replacing the loss of aquatic resource
values by creating, restoring and enhancing similar functions and values. In addition, mitigation
must address wetland impacts, such as functions and values, and cannot be simply used to offset
the acreage of wetland losses that would occur in order to meet the acreage limits of some of the
NWPs (e.g., for NWP 26, 5 acres of wetlands cannot be created to change a 6-acre loss of
wetlands to a 1 acre loss; however, 2 created acres can be used to reduce the impacts of a 3-acre
loss.).
14. Compliance certification. Every permittee who has received a NWP verification from
the Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15, Multiple use of NWPs. In any case where NWP number 12 through 40 is combined with
any other NWP number 12 through 40, as part of a single and complete project, the permittee
must notify the District Engineer in accordance with paragraphs a., b., and c. of the Notification
General Condition number 13. Any NWP number 1 through 1 I may be combined with any other
NWP without notification to the Corps, unless notification is otherwise required by the terms of
the NWPs. As provided at 33 CFR 330.6(c) two or more different NWPs can be combined to
authorize a single and complete project. However, the same NWP cannot be used more that once
for a single and complete project.
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply only to activities that
involve the discharge of dredged or fill material in waters of the United States, and must be
followed in order for authorization by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity
of a public water supply intake except where the discharge is for the repair of the public water
supply intake structure or adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may occur in areas of
concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting
activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may consist of unsuitable
material (e.g., trash, debris, car bodies, asphalt, etc.,) and material discharges must be free from
toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of the United States must
be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site),
unless the District Engineer approves a compensation plan that the District Engineer determines is
more beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided
to the maximum extent practicable.
6. Obstructions to high flows. To the maximum extent practicable, discharges must not
permanently restrict or impede the passage of normal or expected high flows or cause the
relocation of the water (unless the primary purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as impoundment of water,
adverse effects on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow shall be minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must
be avoided to the maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource Water" (ORW), a
designated "High Quality Water" (HQW) or a designated "Primary Nursery Area" (PNA), of
North Carolina or in contiguous wetlands (as defined by the North Carolina Division of Water
Quality) to any of the above waters, proponents must notify the Wilmington District Engineer and
furnish a written statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to working in the waters and/or contiguous wetlands and why
alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable
adverse impacts to the waters and/or adjacent wetlands as may be required by the applicable
NWP. Work may proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental Concern" (AEC) in the
twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (LAMA), a proponent must first obtain the required CAMA permit and furnish
a copy of the CAMA permit to the Wilmington District.
3. Prior to the use of any NWP on a barrier island of North Carolina, proponents must notify
the Wilmington District Engineer and furnish a written statement of compliance with all of the
conditions of the applicable NWP. Notification will include the location of work; a description of
work; a delineation of wetlands; a discussion of alternatives to the work and why alternatives
were not selected; and a plan to provide compensatory mitigation for all unavoidable adverse
impacts to wetlands or waters as may be required by the conditions of the applicable NWP. Work
may proceed only after the permittee has received written, telephonic, or faxed approval from the
authorized representative of the District Engineer to proceed. Normally such notice to proceed
will be furnished within 30 calendar days of receipt of the above information.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
proponents must notify the Wilmington District Engineer and furnish a written statement of
compliance with all of the conditions of the applicable NWP. Notification will include the
location of work; a description of work; a delineation of wetlands; a discussion of alternatives to
the work and why alternatives were not selected; and a plan to provide compensatory mitigation
for. all unavoidable adverse impacts to wetlands or waters as may be required by the conditions of
the applicable NWP. Work may proceed only after the permittee has received written, telephonic,
or faxed approval from the authorized representative of the District Engineer to proceed.
Normally such notice to proceed will be furnished within 30 calendar days of receipt of the above
information.
5. Prior to use of any NWP for construction of animal waste facilities in waters and/or
wetlands of North Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable NWP. Notification
will include the location of work; a description of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and, a plan to provide
compensatory mitigation for all unavoidable adverse impacts to wetlands or waters as may be
required by the applicable NWP. Work may proceed only after the permittee has received
written, telephonic, or faxed approval from the authorized representative of the District Engineer
to proceed. Normally such notice to proceed will be furnished within 30 calendar days of receipt
of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by upland perimeter
ditches or by other means, will be considered as cumulative impacts in making a decision to assert
discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-five (25) designated
counties of North Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable NWP. Notification
will include a letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; a discussion of
alternatives to working in the mountain trout waters and why alternatives were not selected; and a
plan to provide compensatory mitigation for all unavoidable adverse impacts to the mountain
trout waters. Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District to proceed. Normally such
notice to proceed will be furnished within 30 calender days of receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surry Swain
Transylvania Watauga Wilkes
Yancy
b. To obtain the required letter of approval from the North Carolina Wildlife Resources
r
Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
.7. This NWP may not be used in conjunction with NWP #14 to create high ground for road
access using NWP #14.
STATE CONSISTENCY CONDITIONS
If the proposed activity is within the North Carolina Coastal Area, the applicant must receive
written concurrence from the North Carolina Division of Coastal Management (NCDCM) that the
activity is consistent with the North Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1. Activities authorized by this NWP require written concurrence from the North Carolina
Division of Water Quality (NCDWQ).
2. Appropriate sediment and erosion control practices which equal or exceed those outlined
in the most recent version of the "North Carolina Sediment and Erosion Control Planning and
Design Manual= or the "North Carolina Surface Mining Manual" (available from the North
Carolina Division of Land Management in the DEHNR Regional or Central Offices) will be
utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout by NCDWQ, 25 NTU's in all saltwater classes and all
lakes and reservoirs, and 10 NTU's in trout waters).
3. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the North Carolina Division of Land Resources has released
the project.
4. If an environmental document is required, this Certification is not valid until a FONSI or
ROD is issued by the State Clearinghouse.
5. This Certification shall not be used in conjunction with the Certification for NWP No. 14
to create high ground for access.
6. Deed restrictions must be placed on all remaining wetlands on the parcel after
appropriate use of this and other Certifications. The North Carolina Division of Water Quality
(NCDWQ) shall be sent copies of all deed restrictions applied to this parcel. If this condition is
not met, written NCDWQ approval is needed to utilize this General Certification (and NWP).
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the State until the concrete has hardened.
8. Concurrence from the North Carolina Division of Water Quality (NCDWQ) that this
Certification applies to an individual project shall expire three years from the date of the cover
letter from the NCDWQ.
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SUBJECT: Preliminary land & soils evaluation of the lot located at 1013 Shepard Street (-0.6
acre) for 404/CAMA Wetland areas. Lot located at the SE intersection of Shepard
&" 11th Streets, Morehead City west area, Carteret County, North Carolina.
TO: Mr. Michael Lupton, Agent
Putnam Real Estate Company
P.O. Box 955
Morehead City, NC 28557-0955 [phone] [o]; 726-2829 [fx]
A preliminary land & soils evaluation was completed of the lot located at 1013 Shepard Street (-0.6
acres) to determine potential areas of jurisdictional 404 & CAMA Wetlands. The U.S. Army
Corps/EPA "1987 Federal Wetlands Delineation Manual" was used as guidelines for potential 404
Wetland determinations. The NCDEH&NR DCM guidelines were used to determine potential CAMA
coastal-tidal wetland areas.
The enclosed preliminary land & soils map shows the various classifications and their locations. The
following is a brief description the these land & soil classifications:
The "Yellow" Areas (see map) are uplands that do not meet the soil & vegetative indicators to be
classified as jurisdictional 404 Wetlands. Portions of these areas may be claimed as CAMA
wetlands due to the presence of their vegetative indicator species, even though it appears these
species have established themselves as the result of periodic storm overwash, not normal tidal
actions. Irregardless, CAMA may discretionally extend jurisdiction over portions of these land areas.
The "Gray" Soil Areas (see map) have hydric soil and vegetative indicators that should classify
these sites as jurisdictional 404 and/or CAMA Wetlands. These areas were delineated in the field
with "pink/black-striped" flagging. The U.S. Army Corps of Engineers/EPA and NCDEH&NR-DEM
are the regulatory agencies over freshwater wetlands, and NCDEH&NR DCM-CAMA is the regulatory
agency over tidal wetlands. CAMA also reviews all development activities within their AEC zone
which is 75 ft landward of the mean high tide line. The USACOE will likely determine the 404
Wetlands to be "adjacent°, which cannot be filled, massively disturbed, or developed unless all the
proper Federal & State permits can be acquired. Typically, a maximum of 0.1 to 0.5 acre of 404
Wetlands may be permitted for fill/disturbance activities within 404 Wetlands, pending other
regulatory agency reviews and approval, without major mitigation being required. Hydric soil types
found are Historic fill-wet phase, Pactolus-wet phase, Hobucken, Carteret, and Torhunta.
Page 2.
1013 Shepard Street Lot, Wetlands
On 09/24/99, the U.S. Army Corps of Engineers representative (Mr. Mickey Sugg)'reviewed this
property and confirmed the 404 Wetland areas delineated to be reasonable and acceptable. These
404 Wetlands need to be surveyed for final approval and sign-off by USACOE, which is valid for a
5 year time period. In addition, the Army Corps cautioned that CAMA may extend its' areas of CAMA
wetland jurisdiction landward of the 404 wetlands. CAMA should be contacted for a review of this
property to determine the maximum extent of CAMA wetland areas.
This is a preliminary land & soils evaluation of this tract. This report and maps should be used for
planning purposes only, as specific on-site evaluations, delineations, approvals, and permits are
required by each respective regulatory agency before development activities are initiated.
Larry F. Baldwin, CPSS/SC
ARCPACS #2183; NCLSS #1040

N
PRELIMINARY 404-U16A WETLANDS MAP OF 1013 S ARD STREET LOT
Morehead City West Area - Carteret County - North Carolina

Shepard Street
SCALE: 1 Inch =I 00 Feet
(all lines paced & approx)
AUGUST - 1999
F-1 UPLAND AREAS
Areas determined to be non-404
Wetlands, but portions may be
claimed as CAMA Wetlands
based upon vegetative species
alone. USACOE review 9124/99.

404-CAMA WETLAND AREAS
Areas determined to meet
404 & CAMA Wetlands criteria and
jurisdictions. Delineated in field
with upink/black-striped" flagging.
OPEN WATERS
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Land Management Group, Inc.
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