20020561 Ver 1_Complete File_20020412

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
April 11, 2003
Mr. Bradford J. Deaton
Assoicated Developers, Inc.
612 Pasteur Drive
Greensboro, NC 27403
SUBJECT: APPROVAL of 401 Water Quality Certification with Additional Conditions
DWQ # 02-0561
Olde Forest Subdivision
Guilford County
Dear Mr. Deaton:
You have our approval, in accordance with the attached conditions (GC 3402) and the conditions listed below, to
implement restoration to 122 feet of stream and to fill 298 feet of stream to unnamed tributaries to Big Alamance Creek in the
Cape Fear River Basin, Class C, in Guilford County.
This approval is only for the impacts listed above and for the activities that you described in your application
received by the Division of Water Quality on April 12, 2002 and as revised by your proposal depicted in the February 28,
2003, Associated Developers Inc. letter. We have determined that General Water Quality Certification Number 3402
covers this fill activity. This Certification allows you to use Nationwide Permit Number 39 when issued by the US Army
Corps of Engineers. Please keep in mind that there may be additional Federal, State and Local regulations applicable to
your project, such as the Sedimentation and Pollution Control Act, Non-Discharge and Water Supply Watershed
Regulations, whereby you may be required to obtain permits and/or approvals prior to beginning your project. In addition,
this approval will expire when the accompanying 404 Permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purposes and designs that you described in your application. If you change
your project, you must notify the Division in writing and you may be required to submit a new application for a new
Certification. If the property is sold, the new owner must be given a copy of the Certifications and approval letter and is
thereby responsible for complying with all conditions. Also, if the total wetland fill for this project (now or in the future)
exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). For this approval to
be valid, you must follow the conditions listed in the attached Certifications and the additional conditions listed below:
1. Within 90 days of the date of this Certification, payment must be made to the Wetland Restoration Program for all
of the impacts as proposed in the application and as indicated in the February 28, 2003, Associated Developers
Inc. correspondence.
2. As-built plans and the attached Certificate of Completion (COC) must be submitted to the Division upon final
construction of the road crossings and the respective restoration of 122 feet of stream.
3. Restoration is required for the 122 feet of impacted stream. These restoration efforts include the footprint of the
stream where unauthorized fill, including earthen fill, pipes, and rip-rap, is to be removed as indicated in your
proposal. The restored stream bed-, stream profile, and bank must be stabilized. The original stream dimensions
and the riparian zone restored must also be restored.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 3
4. Riparian zone planting, corresponding to the 122 feet of stream restoration must include the following: Planting
must be designed in order to ensure that at least two native tree species be planted at a density sufficient to
provide 320 trees per acre at maturity. This density is usually achieved by planting approximately 436 trees/acre
on a 10 x 10 ft. grid or 681 trees/acre on a 8 x 8 ft. grid. Please see the Guidelines for Riparian Buffer Restoration
(January 2001) for assistance in developing your plan on our web site at http://h2o.enr.sate.nc.us/ncwetlands.
Additional written approval for planting must be obtained from DWQ before additional steam impact occurs. This
plan must include the types of native woody vegetation selected, methodology of planting, and site map indicating
the location of the replanting efforts: A 50 foot riparian buffer zone (on both sides of the stream) will be required to
be restored.
5. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters as well as areas within 50 feet of all streams and ponds. 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. Once this notification has
been established, a copy must be submitted to this Office for our files. A sample deed notification can be
downloaded from the 401/V1letlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. Your deed notification
must convey that all jurisdictional waters (not just the restored/enhanced channel) are subject to 15A NCAC 2H
.0500, 15A NCAC 213 .0200, and the Guilford County Development Ordinance.
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 from the date of receipt of this letter. To request a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh,
NC 27611-7447. This Certification and its conditions are final and binding unless you request a hearing.
This letter completes the review of DWQ Project #02-0561 by the Division of Water Quality under Section 401 of
the Clean Water Act. If you wish to review any of the Water Quality Regulations mentioned here, you can download a
copy through the 401 /Wetlands Unit web site at http://h20.enr.state.nc.us/ncwetlands. If you have any questions, please
contact Mr. Danny Smith at 919-733-9716 or Mrs. Cyndi Karoly at 919-733-9721.
Sincerely,
Klimek, P.E.
Division of Water Qu lity
Attachments: GC 3402 (Mar. 28, 2003), COC
J rd/ds
cc:
Wetlands/401 Unit Central Office
Central Files
WSRO
W RP - Ron Ferrell
NORTH CAROLINA-DIVISON OF WATER QUALITY
Page 3 of 3
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Bradford J. Deaton of Associated Developers has permission as
outlined below to fill 298 linear feet of perennial stream in order to construct the Olde Forest Subdivision in Guilford
County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
298 linear feet of perennial streams
Olde Forest Subdivision
Guilford County
Cape Fear River Basin (05-06-03)
As required by 15A NCAC 2H .0505, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
298 linear feet of perennial streams by W RP required for the 401 Water Quality Certification.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
¦
associated developers incorporated
land development, management, planning, & investment
Mr. Ron Ferrell
NCDNR-DWQ/WRP
1619 Mail Service Center
Raleigh, North Carolina 27699
February 28, 2003
RE: NC WETLANDS RESTORATION PROGRAM PAYMENT
Olde Forest Subdivision
Greensboro, North Carolina
S&ME Job Number 1588-01-036
Dear Mr. Ferrell,
M /401 GAQ(/p
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wArE,?Q? 2003
SON
We are writing to notify you of our intent regarding the impacts at Olde Forest
Subdivision. Associated Developers, Inc. acquired Olde Forest Subdivision Section 15 after the
installation of roadway culverts across streams and the rough grading of the roadways was
complete. We subsequently discovered the wetland impacts by the previous owner of the
property and that the proper permitting and mitigation had not been performed for the road
crossings.
The road crossings that impacted wetlands must remain in place for the subdivision to
function as designed and as required by NCDOT. While we were not a party to these violations,
we are the current property owner and benefactor of the property improvements that impacted
wetlands. Therefore, we agree to pay into the NC Wetland Restoration Program for impacts to
298 linear feet of stream as described in your June 18, 2002 notification of violation. (DWQ
Project No. 02-0561.
It is our understanding from a meeting onsite with Mr. Danny Smith that upon this
notification we can replace the pipes as required by NCDOT and shorten the pipes to allow for
minimal impact to the stream.
It is our intent to send the payment to the NC Wetlands Restoration Program within 90
days of written acceptance into the program. We wish to make it clear that Associated
Developers, Inc. acquired the property with no knowledge of the unpermitted impacts and that
this is not representative of our development practices. We believe that this resolves all
outstanding wetland issues on the Olde Forest Subdivision.
NATIONAL HEADQUARTERS NORTH CAROLINA DIVISION
5300 Mercury Boulevard 612 Pasteur Drive, Suite 206
Drawer 18, Parkview Station Greensboro, North Carolina 27403
Newport News, Virginia 23605 Phone [phone]

Mr. Ron Ferrell
February 28, 2003
If upon receipt you have any questions or require additional information, please do not
hesitate to contact me at 336-854-5551 or 336-908-5780.
Sincerely,
associated developers .' corporated
aP.E.
Vice President
NC Division Manager
C: Danny Ste- DWQ
Cherri Smith - WRP
o?0F W A T ?R
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Michael F. Easley, Uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
April 17, 2002
DWQ # 02-0561
Guildford County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Associated Developers, Inc.
Attn: Bradford J. Deaton
612 Pasteur Drive
Greensboro, NC 27403
Dear Mr. Deaton:
On April 12, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill wetlands for the purpose of culvert upgrades in Guilford County. Approval
from DWQ is required to disturb these areas. Please provide 7 copies of the following information and
refer to the DWQ # listed above in your reply. In particular as described in 15A NCAC 2B .0502, we
will require you to locate all streams and ponds on the property. Please show these on maps of suitable
scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A
NCAC 2H.0500.
Please provide us with legible maps so that we may have a clearer understanding of the
proposed project.
Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do
not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
cc: Winston-Salem DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
I Uj'
?orney
Quality Certificati n Program
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North Carolina Division of Water Quality, Wetlands/401 Certification Unit
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Ph: [phone], Fax: [phone], http://h2o.enr.state.nc.us/ncwetiands/
*S&ME
April 9, 2002
Division of Water Quality
401/ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Reference: NWP 39 Application
Olde Forest Subdivision
Guilford County, North Carolina
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APR I L ?i trk? ?' ,

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'020561
On behalf of Associated Developers, Inc., S&ME, Inc. recently submitted to the United
States Army Corps of Engineers (USACE) Raleigh District a Nationwide Permit 39
application for the proposed Olde Forest Subdivision, Section 15, in Guilford County,
North Carolina. As instructed, we have prepared seven collated copies of all USACE
Permitting materials and hereby submit them to the North Carolina Division of Water
Quality (NCDWQ) with the required fee of $475 dollars, so as to initiate the Section 401
Water Quality Certification process for our project. We respectfully request a review of
this information and the participation of the NCDWQ and their associated state and
federal agencies in our Nationwide Permit Application process.
S&ME, Inc. appreciates your consideration for this project. If you have any questions or
comments, please contact us [phone]. Thank you and we look forward to hearing
from you.
Sincerely,
S&ME, Inc.
Keith Brown T. Sanders McMillan
Greensboro Branch Manager Wetland Scientist
SWE, Inc. [phone] j
3718 Old Battleground Road [phone] fax
Greensboro, North Carolina 27410 [phone] www.smeinc.com
*S&ME
April 4, 2002
Mr. Todd Tugwell
United States Army Corp of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Reference: Amended NWP 39 Application
Olde Forest Subdivision
Guilford County, North Carolina
Mr. Tugwell:
S&ME, Inc. has conveyed the Corps' reservations, concerning the proposed length of the
three culverts on the above-mentioned property, to our client, and they have subsequently
amended their construction plans to reflect a new, proposed total length of 298 linear feet.
Also, please find the detailed site plan that you requested, entitled "Phase I - Cover
Sheet"; a proposed stream mitigation buffer map, entitled "Proposed Stream Mitigation
Buffer Map"; and our chosen language for the restrictive covenant, downloaded from the
Charleston Corps District's Web Site.
In addition, and to facilitate our JD verification request, four copies of the corrected
wetland boundary map are also included. This map includes the dimensions for the new,
shortened culverts and those for the stream and wetland areas, as well. On behalf of
Associated Developers, Inc., we respectfully request a review of this information,
verification of our delineation, and the formal initiation of the Nationwide Permit
Application process.
SWE, Inc. I [phone]
3718 Old Battleground Road [phone] fax
Greensboro, North Carolina 27410 [phone] www smainc.com
Amended NWP 39 Application S&ME Project Number 1588-01-036
Olde Forest Subdivision, Greensboro, NC April 4, 2002
S&ME, Inc. appreciates your consideration for this project and hopes that the included
information provides you with all of the information that we are able to provide. If you
have any questions, comments, or can anticipate when an on-site verification is feasible,
please contact us [phone]. Thank you, and we look forward to hearing from you.
Sincerely,
S&ME, Inc.
4e)011
Keith Brown
Greensboro Branch Manager

T. Sanders McMillan
Wetland Scientist
2
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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 404 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.army.mil/wetlands/Perm ayn.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.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed on page 3 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 401/Wetlands Unit website at
http://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 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 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 page 4 of this application).
Page 1 of 13
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. 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/nwpfinalFedReiz.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.
Page 2 of 13
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
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
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
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 276994617
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service / 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]
Page 3 of 13
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
Kernersville, 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
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Page 4 of 13
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: Bradford J. Deaton
Mailing Address: Associated Developers, Inc.
612 Pasteur Drive
Greensboro NC 27403
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
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: Matthew H. O'Brien
Company Affiliation: S&ME, Inc.
Mailing Address: 3718 Old Battleground Road
Greensboro, NC 27410
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 5 of 13
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Olde Forest Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): ACL 4-225-345S-24.25 359-1 (PART) BK
4634 PG. 1502
4. Location
County: Guilford Nearest Town: Greensboro
Subdivision name (include phase/lot number): Olde Forest, Section 151 Phase I
Directions to site (include road numbers, landmarks, etc.): From Raleigh: Take I-40 W to
US-421 S/ML King Jr. Dr exit #126. Turn left onto 421 Take NC-62 ramp towards
Burlington/ High Point. Turn left onto NC-62. Merge onto US-421 N. Travel approx. 3
miles, observe sign - "Southeast School" and turn left onto Woody Mill Rd. After approx.
1.4 miles veer left onto Foxborrow Rd. Travel < 0.5 miles, see gravel access road on left.
5. Site coordinates, if available (UTM or Lat/Long): 35.9772704° N .79.68562140 W
(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 water body.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is a partially developed woodland area.
7. Property size (acres): 39.7 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Big Alamance Creek
9. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 13
10. Describe the purpose of the proposed work: Applicant wishes to upgrade existing culverts
to comply with current NCDOT specifications These modifications will begin as soon as
authorization is obtained and are expected to take approximately 60 days to complete.
11. List the type of equipment to be used to construct the project: Trackhoe.
12. Describe the land use in the vicinity of this project: Residential homes border the property
to the southeast and west Mixed woodland/ agricultural lands are found to the north of the
site
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.
S&ME received a preliminary jurisdictional determination from the USACE on 12/14/2001 with
a file number and action ID of 200220152.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 7 of 13
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
(linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://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: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
1 Culvert 94 LF UT-Big Alamance 10' Perennial
2 Culvert 112 LF UT-Big Alamance 10' Perennial
3 Culvert 92 LF UT-Big Alamance 10' Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams site: 98 feet. 1
Page 8 of 13
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 ma
Type of Impact* Area of
Impact
acres Name of Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ean, etc.

* 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
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
When purchasing the site for the proposed subdivision, the applicant inherited three culverts
that had been installed without appropriate permitting from USACE, DWQ or NCDOT. The
client has subsequently endeavored to have the wetland areas on the site delineated and hereby
initiates a USACE NWP Permit to remove the old culverts, replacing them with three shorter
culverts with a total length of 298 LF, and establish a protected woodland buffer around the
entire length of the stream within the property boundaries to mitigate for these impacts. As the
existing stream crossings are the backbone of this development (see included map "Phase 1"), it
is our sincerest hope that the reparation of the previous owner's permitting transgressions, along
under USACE NWP 39.

Page 9 of 13
As per NAP general conditions: appropriate soil and sediment controls will be in place
heavy equipment will operate on mats or other measures will be taken to minimize soil
disturbance The movement of indigenous aquatic life will not be substantially dsrupted, as the
width of the culverts and the depth of their installation are designed to maintain low-flow
conditions
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.us/ncwetlands/strmgide. html.
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.
The applicant will restore the stream and wetland area impacted by the old culverts (122
LF and 1,220 SF, respectively) and file a restrictive covenant (for proposed language see
attached "Declaration of Restrictive Covenants") on the deed to the property in order to
protect in perpetuity a woodland buffer around the entire length (3,134 LF) of this unnamed
tributary of Big Alamance Creek, as it passes through the property. The width of the buffer
will be 100' with 50' on each side of the stream and wetland areas, for the entire length of
Page 10 of 13
the stream, to satisfy the 10:1) protection ratio that we understand will be applied in this
case with on-site mitigation.
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 hqp:/Wo.enr.state.nc.uVwrp/mdex.htm. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 X
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.
Page 11 of 13
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone*
(square feet) Impact
Multiplier
Required
1 3
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 / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
N/A
X1. 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.
All surface waters on the property and downstream are protected by a well designed sediment
and erosion control system of diversion ditches, filter basins, check dams, and silt fencing. Also,
project development.
XH. Sewage Disposal (DWQ Only)
Clearly detail the Ulfi4 wt treatment methods and disposition (non-discharge or discharge) of
wastewater gtheated from the proposed project, or available capacity of the subject facility.
Non- .di90i te. llllblie sewer.
Page 12 of 13
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's
x.40
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
STATE OF NORTH CAROLINA DECLARATION OF
RESTRICTIVE COVENANTS
COUNTY OF GUILFORD
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this day of
19_, by ("Declarant(s)").
RECITALS
WHEREAS, Declarants) is/are the owners of certain real property ("real
property" includes wetlands, any interest in submerged lands, uplands, associated
riparian/littoral rights) located in Guilford County, North Carolina, more particularly
described a 100 foot buffer on an unnamed tributary of Beaver Creek as it passes
through property described by recorded plant number ACL 4-225-345S-24, 25 359-1
(PART) BK 4634, PG. 1502. The length of stream to be preserved will be 3,134 LF,
with an associated .07 acres of wetland area, with a total buffer area of 7.2 acres of this
tract of 39.679 acres ("Property"). See attached Wetland Map and Proposed Stream
Mitigation Map for illustration; and
WHEREAS, as compensatory mitigation under Federal and State law for
Department of the Army Permit No. ("Permit") issued by the U.S. Army Corps of
Engineers, Raleigh District ("Corps" or "Raleigh District," to include any successor
agency), and certifications and/or permit(s) issued by the S.C. Department of Health
and Environmental Control ("DNER," to include any successor agency), and in
recognition of the continuing benefit to the permitted property, and for the protection of
waters of the United States and scenic, resource, environmental, and general property
values, Declarant] has/have agreed to place certain restrictive covenants on the
Property, in order that the Property shall remain substantially in its natural condition
forever.
NOW THEREFORE, Declarants hereby declared that the Property shall be
held, transferred, conveyed, leased, occupied or otherwise disposed of and used
subject to the following restrictive covenants, which shall run with the land and be
binding on all heirs, successors, assigns (they are included in the term, "Declarant,"
below), lessees, or other occupiers and users.
1. Prohibitions. Declarants is/are and shall be prohibited from the following:
filling, draining, flooding, dredging, impounding, clearing, burning, cutting or destroying
vegetation, cultivating, excavating, erecting, constructing, releasing wastes, or
otherwise doing any work on the Property; introducing exotic species into the Property
(except biological controls preapproved in writing by the Corps and DNER); and from
changing the grade or elevation, impairing the flow or circulation of waters, reducing the
reach of waters, and any other discharge or activity requiring a permit under clean
water or water pollution control laws and regulations, as amended. The following are
expressly excepted from this paragraph: a) cumulatively very small impacts associated
with hunting (excluding planting or burning), fishing, and similar recreational or
educational activities, consistent with the continuing natural condition of the Property; b)
removal or trimming of vegetation hazardous to person or property, or of timber downed
or damaged due to natural disaster; c) restoration or mitigation required under law [if
reference is made to the Permit, or to a mitigation plan approved by the Permit, all exceptions (including regarding
buffer areas) must be specifically spelled out in the Permit or plan; also, additional, specific exceptions may be listed
in this paragraph, e.g., fire or wildlife management plans, boardwalks, etc.].
2. Amendment. After recording, these restrictive covenants may only be amended
by a recorded document signed by the Corps and DNER and Declarant. The recorded
document, as amended, shall be consistent with the Raleigh District model
conservation restrictions at the time of amendment. Amendment shall be allowed at the
discretion of the Corps and DNER, in consultation with resource agencies as
appropriate, and then only in exceptional circumstances. Mitigation for amendment
impacts will be required pursuant to Raleigh District mitigation policy at the time of
amendment. There shall be no obligation to allow an amendment.
3. Notice to Government. Any permit application, or request for certification or
modification, which may affect the Property, made to any governmental entity with
authority over wetlands or other waters of the United States, shall expressly reference
and include a copy (with the recording stamp) of these restrictive covenants.
4. Reserved Rights. It is expressly understood and agreed that these restrictive
covenants do not grant or convey to members of the general public any rights of
ownership, entry or use of the Property. These restrictive covenants are created solely
for the protection of the Property, and for the consideration and values set forth above,
and Declarants reserveUs the ownership of the fee simple estate and all rights
appertaining thereto, including without limitation the rights to exclude others and to use
the property for all purposes not inconsistent with these restrictive covenants.
5. Compliance Inspections. The Corps, DNER, and its/their authorized agents
shall have the right to enter and go upon the lands of Declarant, to inspect the
Property and take actions necessary to verify compliance with these restrictive
covenants.
6. Enforcement. The Declarant?sj grantLsl to the Corps, the U.S. Department of
Justice, and/or DNER, a discretionary right to enforce these restrictive covenants in a
judicial action against any persons or other entity(ies) violating or attempting to violate
these restrictive covenants; provided, however, that no violation of these restrictive
covenants shall result in a forfeiture or reversion of title. In any enforcement action, an
enforcing agency shall be entitled to a complete restoration for any violation, as well as
any other judicial remedy such as civil penalties. Nothing herein shall limit the right of
the Corps to modify, suspend, or revoke the Permit.
7. Property Transfers. Declarants shall include the following notice on all deeds,
mortgages, plats, or any other legal instruments used to convey any interest in the
Property (failure to comply with this paragraph does not impair the validity or
enforceability of these restrictive covenants):
NOTICE: This Property Subject to Declaration of Restrictive
Covenants Recorded at [insert book and page references, county(ies),
and date of recording].
8. Marking of Property. The perimeter of the Property shall at all times be plainly
marked by permanent signs saying, "Protected Natural Area," or by an equivalent,
permanent marking system.
[Paragraph 9 - generally, a surveyed, recorded plat is required, however, at the discretion of the Corps and DNER,
an approved permit drawing or site plan attached to these restrictive covenants may suffice]
9. Recording of Plat. A plat depicting the boundaries of the Property subject to
these restrictive covenants shall be recorded in the deed records office for each county
in which the Property is situated prior to the recording of these restrictive covenants.
The plats is/are recorded at [include book and page references, county(ies), and date].
10. Separability Provision. Should any separable part of these restrictive
covenants be held contrary to law, the remainder shall continue in full force and effect.
IN WITNESS WHEREOF, the Declarant) has/have duly executed this
Declaration of Restrictive Covenants the date written above.
IN THE PRESENCE OF:
[type name of witness under signature line
[type name of witness under signature line
DeclarantLsJ
By:
[type name of individual under signature line
Its:
STATE OF NORTH CAROLINA
COUNTY OF
[title of signing individual, where applicable]
PROBATE
PERSONALLY appeared before me , the undersigned witness, and
made oath that he/she saw the within named [, by
, its J sign, seal and as his/her/its act and deed, deliver the within named
Declaration of Restrictive Covenants; and that he/she with the other witness named
above witnessed the execution thereof.
SWORN to and subscribed before me
this _ day of , 19_
[type name of witness under signature line
NOTARY PUBLIC FOR NORTH CAROLINA
My Commission Expires:
S&ME
Form AS-931
Date: October 19. 2001 Job Number: 1588-01-PO81
Inc.
S&ME Client Name: Associated Developers, Inc.
,
(hereafter Consultant) (hereafter Client) Attn: Mr. Brad Deaton
Address: 3718 Old Battleground Road Address: 612 Pasteur Drive
City: Greensboro City: Greensboro
State: North Carolina Zip; 27410 State: North Carolina Zip: 27403
Telephone: [phone] Telephone:
Fax: [phone] Fax: [phone]
PROJECT
Project Name: PROPOSAL FOR VARIOUS WETLAND/PERMITTING TASKS
Project location: (Street Address:) Approximately 40-acre Olde Forest Development
City Greensboro State North CarolinaZip
I
SERVICES TO BE RENDERED
osal Number: 1588-01-PO81
[
:
: dated: 10/19/01 is incorporated into this Agreement For Services.
for Services is incorporated into the above Proposal.
Agreement
Th
is
W ITNESSETH: WHEREAS, Client desires to contract with Consultant
to furnish Services to Client's project identified above.
WHEREAS, Consultant is engaged in the business of providing
services and related labor, materials, and equipment (herein individually and
collectively referred to as Services.)
NOW, THEREFORE; in consideration of the Mutual Covenants and
Promises included herein. Client and Consultant agree as follows:
OFFER ACCEPTANCE: Client hereby accepts Consultant's offer to
provide services as described in Consultant's proposal for services referenced
under "Services to be Rendered" and agrees that such services and any
additional services authorized by client, shall be governed by this Agreement
CONTRACT DOCUMENTS: "Contract Documents" shall mean this
document as well as the proposal listed under "Services to be Rendered" each of
which is incorporated into the other.
PAYMENT - Client will pay Consultant for services and expenses in
accordance with the Contract Documents. If prices for services are not established
under SERVICES TO BE RENDERED then the currentfee schedule in effectforthe
location providing the services shall be used as the amountto be paid by client for
services provided. Consultant will submit progress invoices to Client monthly and a
final invoice upon completion of its Services. Each invoice, on presentation, is due
and payable by Client Invoices are past due 30 days after the date of the invoice.
Past due amounts are subject to a late payment fee of one and one-half percent per
month (18 percent per annum) or the highest amount allowed by applicable law on
the outstanding balance whichever is less. Attorney's fees and other costs
Incurred in collecting past due amounts shall be paid by Client
Consultant shall be paid in full for all services rendered under this
Agreement, including any additional services authorized by Client in excess of
those stated in this Agreement
The Client's obligation to pay under this Agreement is in no way
dependent upon the Client's ability to obtain financing, payment from third parties.
approval of governmental or regulatory agencies, or upon the Client's successful
completion of the Project
WARRANTY AND STANDARD OF CARE - Consultant and its agents,
employees and subcontractors shall endeavor to perform Services for Client
using that degree of care and skill ordinarily exercised by and consistent with the
standards of others ordinarily providing similar services in the same or similar
locality as the one where the services are performed. in the event any portion of
the Services fails to substantially comply with this warranty and standard of care
obligation and Consultant is promptly notified in writing prior to one year after
completion of such portion of the Services, Consultant will re-perform such
portion of the Services, or if re-performance is impractical, Consultant will refund
the amount of compensation paid to Consultant for such portion of the Services.
THE REMEDIES SET FORTH HEREIN.ARE EXCLUSIVE,
This WARRANTY AND STANDARD OF CARE is.in lieu of all other
warranties and standards of care. No other warranty or standard of care,
expressed or implied, including warranties of r2erchantabllity and fitness for a
particular purpose is made or intended by the proposal, by oral communications
or by any representations made regarding the services included in this
Agreement
LIMITATION OF LIABILITY - Consultant and Client mutually agree
that the services provided pursuant to this Agreement involve risks of liability
which cannot be adequately compensated for by the payments Client will make
under this Agreement Therefore, the total cumulative liability of Consultant, its
agents, employees and subcontractors whether in contract, tort including
negligence (whether sole or concurrent) and strict liability, or otherwise arising
out of, connected with or resulting from the services provided pursuant to this
Agreement shall not exceed the total fees paid by Client or fifty thousand dollars,
whichever is greater. At additional cost, Client may obtain a higher limit of liability
prior to commencement of services. The additional cost is compensation to
Consultant for increasing the Consultant's limit of liability. The additional cost is
not an insurance cost Consultant's consideration to Client for this limit of liability
is specifically reflected in Consultant's fees for services under this Agreement as
such fees are less than Consultant would be paid for services under an
Agreement without a limitation of liability. Client is cautioned that this is a limited
liability Agreement limiting the Ilability of Consultant; therefore, Client is advised
to carefully review Client's risks of liability related to this contract and address
such risks through Client's Insurance or other means.
DISCLAIMER OF CONSEQUENTIAL DAMAGES - In no event shall
Consultant or Client be liable to the other for any special, indirect, incidental or
consequential loss or damages, including lost profits and loss of use.
REPORTS - in connection with the performance of the Services.
Consultant shall deliver to Client one or more reports or other written documents
reflecting Services provided and the results of such Services. All reports and
written documents delivered to Client are instruments reflecting the services
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220152 County:
Guilford
P.w.
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Authorized
Owner Olde Forest, LLC Agent S&ME. Inc.
Attn: Bradford Deaton Attn: Matthew O'Brien
Address 612 Pasteur Drive, Suite 206 Address 3718 Old Battleground Road
Greensboro, NC 27403 Greensboro NC 27410
Telephone Number 336-854-5551 Telephone Number 336-288-7180
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the west side of Fox Burrow Road, north of US 421, southeast of Greensboro, Guilford
County, North Carolina.
Basis for Determination: The site contains stream channels and wetlands with indicators of ordinary
high water marks, adjacent to an unnamed tributary of Big Alamance Creek, above headwaters, in the
Cape Fear River Basin.
Indicate Which of the Following Apply:
X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to ybu. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean.Water Act (33 USC 1344)... Unless there is.a.change in the law
or our published regulations, this determination .may'be relied upon for a period not to exceed five years from the
date of this notification. '
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Todd Tugwell at telephone number ..(919) 876 - 8441 extension 26
Project Manager Signature \ I n.,
Date December 14, 2001
December 14, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
c
Applicant: Olde Forest, LLC File Number: 200220152 Date: 12/14/2001
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
X PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer fbr final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL:. You may..appeal,the denial of a permit under the Corps of Engineers Administrative Appeal Process .
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved 1D in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.

n
?SECTION II -: REQUEST, FOR;APPEAL o(OBJECTIONS TO AN INITIAL,PROFFERED PERMIT"'
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal.Review Ofcer.
' 'Raleigh Regulatory Field Office. CESADr-ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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Mr. John Dorney W"Ilr1
Division of Water Quality ?,?...
401/ Wetlands Unit - Water Quality Certification Program
1650 Mail Service Center
Raleigh, NC 27699-1650
Reference: NWP 39 Application - DWQ # 02-0561
Olde Forest Subdivision
Guilford County, North Carolina
Mr. Dorney,
Following our recent telephone conversation, we have redrawn several maps for
the Olde Forest Subdivision Water Quality Certification Package, to include the Soils and
Location Maps. Also included with this submission are larger versions of the Wetland
and Site Plan Maps, with blow-ups of the stream crossings for both maps. As instructed,
we are supplying DWQ with seven collated copies of this information. It is our sincerest
hope is that you will now have enough information to make your decisions regarding this
proj ect.
S&ME, Inc. appreciates your continued consideration for this project. If you have any
further questions or comments, please contact us at [phone]. Thank you and we
look forward to hearing from you.
Sincerely,
S&ME, Inc.
T E?
T. Sanders McMillan
Wetland Scientist
SWE, Inc.
3718 Old Battleground Road
Greensboro, North Carolina 27410
Matthew H. O'Brien
Natural Resources Manager
[phone]
[phone] fax
[phone] www.smeinc.com
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\Q?? O North Carolina Department of Environment and anG. Ross Jr., d Natural Resourc s
65
1G r Alan W. Klimek, P.E. Director
-f Division of Water Quality
O ?
June 18, 2002
CERTIFIED MAIL:
Return Receipt Requested
Mr. Bradford J. Deaton
Associated Developers, Inc.
612 Pasteur Drive
Greensboro, NC, 27403
SUBJECT: Notice of Violation
REQUEST FOR ADDITIONAL INFORMATION
Olde Forest Subdivision
Guilford County; DWQ Project No. 02-0561
Dear Mr. Deaton
The Division of Water Quality has reviewed your "after-the-fact" Pre-Construction Notification Application for the restoration of
122 feet of streams and the respective discharge of fill material into approximately 298 linear feet of unnamed perennial tributaries to
Big Alamance Creek in the Cape Fear River Basin, Class C, in Guilford County. The proposed work reflects your proposal to mitigate
and reduce 420 linear feet of unpennitted impacts which occurred prior to your purchase of the property. 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.
In response to your "after-the-fact" Pre-construction Notification application, DWQ staff conducted a file review and confirmed
that no 401 Water Quality Certification or authorizations had been issued for the subject tract. Accordingly, the file review confirmed the
following violations: 1) stream standard violation for removal of best usage and 2) failure to obtain a 401 Water Quality Certification.
Item 1: Preclusion of Best Usage
Approximately 420 linear feet of unnamed perennial tributaries to Big Alamance Creek had been impacted by the installation of
3 culverts and the fill of the stream features. This activity has resulted in a stream standard violation. Specifically, 15A NCAC
26 .0216 (2) states that the preclusion of best usage, which include a water supply for drinking, culinary, or food-processing
purposes, aquatic life propagation, biological integrity, wildlife, and secondary recreation, represent a water quality standard
violation
Item 2: 401 Water Quality Certification
The Central Office has confirmed that a state-issued 401 Water Quality Certification had not been received for the installation
of the stream crossings. A 401 Water Quality Certification is required for the above-mentioned stream impacts pursuant to
15A NCAC 2H.0500.
It is the Division of Water Quality's understanding that you voluntarily submitted an "after-the-fact" Pre-construction Notification
application. In this application, you have proposed to reduce your impacts from 420 feet to 298 feet. As such it is the understanding of
DWQ staff that you intended to resolve the above-mentioned violations, thereby hoping to avoid a possible civil penalty
recommendation. This office requests that you respond, in writing, within 20 days of receipt of this Notice. Your response should
address the following items:
(1) Please explain/detail when stream impacts occurred, the extent of the activities, and discuss how you came to
acquire a property with pre-existing violations and how you intend to achieve compliance.
(2) With respect to the "after-the-fact" Pre-construction Notification submitted (the 401 Water Quality Certification
request/the request for stream impacts), please provide information detailing a stream restoration plan for the 122
linear feet of stream segments to be restored on-site. It is required that you contact the Division of Land Resources at
[phone] and the US Army Corps of Engineers (USACE) at [phone] to ensure your restoration efforts
comply with Land Resources and Section 404 of the Clean Water Act (USACE) requirements. Please discuss with
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
A 4 A
NCUENR
Customer Service
1 800 623-7748
the Corps of Engineers whether the on-site restoration effort will occur under the existing Nationwide Permit 39
proposal or under a separate Nationwide Permit. The following information is provided to assist you in development
of your on-site restoration plan:
Stream Restoration Plan: This plan must include the final Planting Plan and Physical Stream Monitoring Plan. In
this plan you should 1) following along the original pathway of the stream your plan should provide/create a 2:1
slope for the stream banks (both sides of the stream) 2) the stream bank and the riparian zone is required to be
stabilized and planted with woody vegetation (see below), and 3) you should specifically address the restoration
locations by including maps of the riparian area to be restored and how you can ensure that future impacts to
stream and the stream side wetlands will not occur. 4) Your plan should also include a 3 year monitoring
schedule to ensure the above listed restoration efforts are effective;
Riparian Zone Planting Plan - It is required that a planting plan be developed such that at least two native tree
species be planted at a density sufficient to provide 320 trees per acre at maturity. This density can be achieved
by planting approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing) trees per acre. Please see the
attached Guidelines for Riparian Buffer Restoration (January 2001) for assistance in developing your plan. Your
plan must include the types of native woody vegetation selected, methodology of planting, and site map
indicating the location of the replanting efforts.
(3) Also, please note that the remaining 298 feet of stream impacts proposed within your application require mitigation.
Accordingly, as a part of this additional information request, it is required that you provide a mitigation plan that
accounts for 1:1 mitigation of 298 feet of stream impacts. You have the following options for satisfying the stream
mitigation requirement associated with this project:
• Payment into the North Carolina Wetland Restoration Program (WRP), if the WRP will accept the responsibility for
conducting this mitigation work, or
• Preparing and implementing a stream mitigation plan.
Please note that your application will be considered incomplete until a detailed mitigation plan including a 1:1 stream
restoration component is forwarded to this office. We strongly suggest that you locate a mitigation site within the same
river sub-basin as your project.
If you decide to propose use of the Wetland Restoration Program in lieu of developing your own stream mitigation
plan, you will need to notify this office in writing in your response, and we will contact the WRP on your behalf to see
if they will accept the project. You should note that mitigation requirements proposed to be mitigated through the
Wetland Restoration Program must be rounded to the nearest linear foot increment according to 15 2r .0503(b).
Please respond, in writing, both to the Winston-Salem Regional Office (care of Jennifer Frye, 585 Waughtown Street,
Winston-Salem, NC, 27107) and to the Central Office (care of Cyndi Karoly, 2321 Crabtree Blvd., Raleigh, NC 27604-2260)
within 20 days of your receipt of this letter. Also, please note that the above mentioned violations or future violations are
subject to the possible assessment of civil penalties of up to S25,000.00 per day, per violation.
If you have any questions regarding this matter, please contact Jennifer Frye of the Winston-Salem Regional Office at (226)
771-4600 or Cyndi Karoly of the Central Office at [phone].
c11? •? ? > j
`-J(3.bn Dorney
pervisor, 4 /Wetlands Unit
i
I i
JRD/cbk JJ
cc: Todd Tugwell, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401/Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
WSRO - Jennifer Frye
Todd Ball, S&ME, 3718 Old Battleground Road, Greensboro, NC, 27410
Mar 05 03 07:25p ADI-NC
13361 854-5856 p.2
A
adi associated developers incorporated
land development. management, planning, & investment
February 28, 2003
Mr. Ron Ferrell
NCDNR-DWQ/WRP
1619 Mail Service Center
Raleigh, North Carolina 27699
RE: NC WETLANDS RESTORATION PROGRAM PAYMENT
Olde Forest Subdivision
Greensboro, North Carolina
SBME Job Numt)er 1588-01-036
Dear Mr. Ferrell,
We are writing to notify you of our intent regarding the impacts at Olde Forest
Subdivision. Associated Developers, Inc. acquired Olde Forest Subdivision Section 15 after the
installation of roadway culverts across streams and the rough grading of the roadways was
complete. We subsequently discovered the wetland impacts by the previous owner of the
property and that the proper permitting and mitigation had not been performed for the road
crossings.
The road crossings that impacted wetlands must remain in place for the subdivision to
function as designed and as required by NCDOT. While we were not a party to these violations,
we are the current property owner and benefactor of the property improvements that impacted
wetlands. Therefore, we agree to pay into the NC Wetland Restoration Program for impacts to
298 linear feet of stream as described in your June 18, 2002 notification of violation. (DWQ
Project No, 02-0561.
It is our understanding from a meeting onsite with Mr. Danny Smith that upon this
notification we can replace the pipes as required by NCDOT and shorten the pipes to allow for
minimal impact to the stream.
It is our intent to send the payment to the NC Wetlands Restoration Program within 90
days of written acceptance into the program. We wish to make it clear that Associated
Developers, Inc. acquired the property with no knowledge of the unpermitted impacts and that
this is not representative of our development practices. We believe that this resolves all
outstanding wetland issues on the Olde Forest Subdivision.
NATIONAL HEADQUARTERS NORTH CAROLINA DIVISION
5300 Mercury Boulevard 612 Pasteur Drive, Suitc 206
Drawer 18, Parkview Station Greensboro, North Carolina 27403
Newport News. Virginia 23605 Phone [phone]
Mar 05 03 07:25p FID I -NC
Mr. Ron Ferrell
February 28, 2003
[phone] p.3
If upon receipt you have any questions or require additional information, please do not
hesitate to contact me at 336-854-5551 or 336-908-5780.
Sincerely,
associated developers,incorporated
adford Deaton, P.E.
Vice President
NC Division Manager
C: Danny Smith - DWQ
Cherri Smith - WRP
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June 18, 2002
CERTIFIED MAIL:
Return Receipt Requested
Mr. Bradford J. Deaton
Associated Developers, Inc.
612 Pasteur Drive
Greensboro, NC, 27403
SUBJECT: Notice of Violation
REQUEST FOR ADDITIONAL INFORMATION
Olde Forest Subdivision
Guilford County; DWO Project No. 02-0561
Dear Mr. Deaton
The Division of Water Quality has reviewed your "after-the-fact" Pre-Construction Notification Application for the restoration of
122 feet of streams and the respective discharge of fill material into approximately 298 linear feet of unnamed perennial tributaries to
Big Alamance Creek in the Cape Fear River Basin, Class C, in Guilford County. The proposed work reflects your proposal to mitigate
and reduce 420 linear feet of unpermitted impacts which occurred prior to your purchase of the property. 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.
In response to your "after-the-fact" Pre-construction Notification application, DWQ staff conducted a file review and confirmed
that no 401 Water Quality Certification or authorizations had been issued for the subject tract. Accordingly, the file review confirmed the
following violations: 1) stream standard violation for removal of best usage and 2) failure to obtain a 401 Water Quality Certification.
Item 1: Preclusion of Best Usage
Approximately 420 linear feet of unnamed perennial tributaries to Big Alamance Creek had been impacted by the installation of
3 culverts and the fill of the stream features. This activity has resulted in a stream standard violation. Specifically, 15A NCAC
213 .0216 (2) states that the preclusion of best usage, which include a water supply for drinking, culinary, or food-processing
purposes, aquatic life propagation, biological integrity, wildlife, and secondary recreation, represent a water quality standard
violation
Item 2: 401 Water Quality Certification
The Central Office has confirmed that a state-issued 401 Water Quality Certification had not been received for the installation
of the stream crossings. A 401 Water Quality Certification is required for the above-mentioned stream impacts pursuant to
15A NCAC 2H.0500.
It is the Division of Water Quality's understanding that you voluntarily submitted an "after-the-fact" Pre-construction Notification
application. In this application, you have proposed to reduce your impacts from 420 feet to 298 feet. As such it is the understanding of
DWQ staff that you intended to resolve the above-mentioned violations, thereby hoping to avoid a possible civil penalty
recommendation. This office requests that you respond, in writing, within 20 days of receipt of this Notice. Your response should
address the following items:
(1) Please explain/detail when stream impacts occurred, the extent of the activities, and discuss how you came to
acquire a property with pre-existing violations and how you intend to achieve compliance.
(2) With respect to the "after-the-fact" Pre-construction Notification submitted (the 401 Water Quality Certification
request/the request for stream impacts), please provide information detailing a stream restoration plan for the 122
linear feet of stream segments to be restored on-site. It is required that you contact the Division of Land Resources at
[phone] and the US Army Corps of Engineers (USACE) at [phone] to ensure your restoration efforts
comply with Land Resources and Section 404 of the Clean Water Act (USACE) requirements. Please discuss with
?f)r
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748
inicnaci c:.aoicy, .xivcniul
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
the Corps of Engineers whether the on-site restoration effort will occur under the existing Nationwide Permit 39
proposal or under a separate Nationwide Permit. The following information is provided to assist you in development
of your on-site restoration plan:
Stream Restoration Plan: This plan must include the final Planting Plan and Physical Stream Monitoring Plan. In
this plan you should 1) following along the original pathway of the stream your plan should provide/create a 2:1
slope for the stream banks (both sides of the stream) 2) the stream bank and the riparian zone is required to be
stabilized and planted with woody vegetation (see below), and 3) you should specifically address the restoration
locations by including maps of the riparian area to be restored and how you can ensure that future impacts to
stream and the stream side wetlands will not occur. 4) Your plan should also include a 3 year monitoring
schedule to ensure the above listed restoration efforts are effective;
Riparian Zone Planting Plan - It is required that a planting plan be developed such that at least two native tree
species be planted at a density sufficient to provide 320 trees per acre at maturity. This density can be achieved
by planting approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing) trees per acre. Please see the
attached Guidelines for Riparian Buffer Restoration (January 2001) for assistance in developing your plan. Your
plan must include the types of native woody vegetation selected, methodology of planting, and site map
indicating the location of the replanting efforts.
(3) Also, please note that the remaining 298 feet of stream impacts proposed within your application require mitigation.
Accordingly, as a part of this additional information request, it is required that you provide a mitigation plan that
accounts for 1:1 mitigation of 298 feet of stream impacts. You have the following options for satisfying the stream
mitigation requirement associated with this project:
• Payment into the North Carolina Wetland Restoration Program (WRP), if the WRP will accept the responsibility for
conducting this mitigation work, or
• Preparing and implementing a stream mitigation plan.
Please note that your application will be considered incomplete until a detailed mitigation plan including a 1:1 stream
restoration component is forwarded to this office. We strongly suggest that you locate a mitigation site within the same
river sub-basin as your project.
If you decide to propose use of the Wetland Restoration Program in lieu of developing your own stream mitigation
plan, you will need to notify this office in writing in your response, and we will contact the WRP on your behalf to see
if they will accept the project. You should note that mitigation requirements proposed to be mitigated through the
Wetland Restoration Program must be rounded to the nearest linear foot increment according to 15 2r .0503(b).
Please respond, in writing, both to the Winston-Salem Regional Office (care of Jennifer Frye, 585 Waughtown Street,
Winston-Salem, NC, 27107) and to the Central Office (care of Cyndi Karoly, 2321 Crabtree Blvd., Raleigh, NC 27604-2260)
within 20 days of your receipt of this letter. Also, please note that the above mentioned violations or future violations are
subject to the possible assessment of civil penalties of up to $25,000.00 per day, per violation.
If you have any questions regarding this matter, please contact Jennifer Frye of the Winston-Salem Regional Office at (226)
771-4600 or Cyndi Karoly of the Central Office at [phone].
.7c,e?
-JC6n Dorney
pervisor, 4 /Wetlands Unit
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cc: Todd Tugwell, USACE Raleigh Regulatory Field Office
Cyndi Karoly, Central 401/Wetlands Unit
Danny Smith, Central 401/Wetlands Unit
WSRO - Jennifer Frye
Todd Ball, S&ME, 3718 Old Battleground Road, Greensboro, NC, 27410
July 29, 2002
Jennifer Frye
NC Division of Water Quality
585 Waughtown St.
Winston Salem, NC 27107
Re: DWQ Project No. 02-0561
Olde Forest Subdivision, Guilford County
Dear Mrs. Frye:
This document represents the response requested by your office in a letter dated July 18,
2002 concerning the above referenced project.
We have contacted Mr. Danny Smith of the Raleigh office in order to make arrangements
to discuss the violations mentioned in the referenced letter. In the interim, we offer the
following statements:
1. Our client, Associated Developers, Inc., purchased the property in the year
2000. The land development that is present occurred in the year 1999. The
property was purchased from the original owner under the context that all
permits had been obtained. The original owner had shown associated
developers copies of land disturbance permits and sedimentation/erosion
control permits. It was not until NCDOT was involved to take over the roads,
that it was determined the existing culverts were not adequate. At that point,
the current owner, Associated Developers, Inc., found out that the 401 and
404 permits were never obtained for the existing culverts. This discovery was
made in late 2000/early 2001. S&ME, Inc. was then retained to file for an
after-the-fact permit.
2. The after-the-fact permit contained a minimization/reduction from the existing
420 linear foot impact to 298 linear feet. The remaining 122 linear feet is
proposed to be restored in conformance with the natural geomorphology of
the stream system. The banks will be restored to follow the existing contours
immediately upstream and downstream of the impacted reach. The buffers
will be replanted in conformance with the buffer standards of 450 trees per
acre, along with a monitoring plan to ensure bank stabilization success,
prevention of an unforeseen stream impacts associated with the crossing, and
to ensure 80% survival of the planted buffers. The impacted reach areas are
depicted on the previously submitted plans.
3. The remaining unavoidable impact of 298 linear feet of stream will be
mitigated for onsite utilizing stream enhancement via buffer establishment.
Response to DWQ Comment
DWQ Project No. 02-0561
July 29, 2002
S&ME Project #1588-01-036
The immediate riparian areas will be restored to provide essential shade and
habitat. The depicted 100' buffers will be placed in a conservation easement.
We have requested a meeting with Mr. Danny Smith to discuss finalization of the
above mitigation procedures. If you have any questions, feel free to contact us at
336-288-7180.
Sincerely,
'ALL. lljl?-O"X I?W
Natural Resource
Senior Project Manager
Cc: Cyndi Karoly, 2321 Crabtree Blvd, Raleigh, NC 27604-2260
John Dorney, "
vr &ME
April 4, 2002
Mr. Todd Tugwell
United States Army Corp of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Reference: Amended NWP 39 Application
Olde Forest Subdivision
Guilford County, North Carolina
Mr. Tugwell:
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S&ME, Inc. has conveyed the Corps' reservations, concerning the proposed length of the
three culverts on the above-mentioned property, to our client, and they have subsequently
amended their construction plans to reflect a new, proposed total length of 298 linear feet.
Also, please find the detailed site plan that you requested, entitled "Phase I - Cover
Sheet"; a proposed stream mitigation buffer map, entitled "Proposed Stream Mitigation
Buffer Map"; and our chosen language for the restrictive covenant, downloaded from the
Charleston Corps District's Web Site.
In addition, and to facilitate our JD verification request, four copies of the corrected
wetland boundary map are also included. This map includes the dimensions for the new,
shortened culverts and those for the stream and wetland areas, as well. On behalf of
Associated Developers, Inc., we respectfully request a review of this information,
verification of our delineation, and the formal initiation of the Nationwide Permit
Application process.

SWE, Inc. [phone]
3718 Old Battleground Road [phone] fax
Greensboro, North Carolina 27410 [phone] www.smoinc.com
Amended NWP 39 Application S&ME Project Number 1588-01-036
Olde Forest Subdivision, Greensboro, NC April 4, 2002
S&ME, Inc. appreciates your consideration for this project and hopes that the included
information provides you with all of the information that we are able to provide. If you
have any questions, comments, or can anticipate when an on-site verification is feasible,
please contact us [phone]. Thank you, and we look forward to hearing from you.
Sincerely,
S&ME, Inc.
402444-1
Keith Brown
Greensboro Branch Manager

T. Sanders McMillan
Wetland Scientist
2
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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 404 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.arLny.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.army.mil/wetlands/reptour.htm, or contact one of the field
offices listed on page 3 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 401/Wetlands Unit website at
http://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 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 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 page 4 of this application).
Page 1 of 13
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. 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.
Page 2 of 13
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
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
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
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]
US Fish and Wildlife Service / 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]
Page 3 of 13
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
Kernersville, 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
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 of 13
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NNW 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: Bradford J. Deaton
Mailing Address: Associated Developers, Inc.
612 Pasteur Drive
Greensboro NC 27403
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
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: Matthew H. O'Brien
Company Affiliation: S&ME, Inc.
Mailing Address: 3718 Old Battleground Road
Greensboro NC 27410
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Olde Forest Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): ACL 4-225-3455-24, 25 359-1 (PART) BK
4634 PG. 1502
4. Location
County: Guilford Nearest Town: Greensboro
Subdivision name (include phase/lot number): Olde Forest, Section 15/ Phase I
Directions to site (include road numbers, landmarks, etc.): From Raleigh: Take I-40 W to
US-421 S/ML, King Jr. Dr exit #126. Turn left onto 421. Take NC-62 ramp towards
Burlington/ High Point. Turn left onto NC-62. Merge onto US-421 N. Travel approx. 3
miles, observe sign - "Southeast School" and turn left onto Woody Mill Rd. After approx.
1,4 miles veer left onto Foxborrow Rd. Travel < 0.5 miles, see gravel access road on left.
5. Site coordinates, if available (UTM or Lat/Long): 35.9772704° N 39.68562140 W
(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 water body.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is a partially developed woodland area.
7. Property size (acres): 39.7 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Big Alamance Creek
9. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 13
10. Describe the purpose of the proposed work: Applicant wishes to upgrade existing culverts
to comply with current NCDOT specifications These modifications will begin as soon as
authorization is obtained and are erected to take approximately 60 days to complete.
11. List the type of equipment to be used to construct the project: Trackhoe.
12. Describe the land use in the vicinity of this project: Residential homes border the property
to the south east and west Mixed woodland/ agricultural lands are found to the north of the
site.
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.
S&ME received a preliminary_ jurisdictional determination from the USACE on 12/14/2001 with
a file number and action ID of 200220152.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 7 of 13
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://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: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specgl)
1 Culvert 94 LF UT-Big Alamance 10' Perennial
2 Culvert 112 LF UT-Big Alamance 10' Perennial
3 Culvert 92 LF UT-Big Alamance 10' Perennial

" 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 losstgain),
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.uses.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 298 feet.
Page 8 of 13
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 ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
When purchasing the site for the proposed subdivision, the applicant inherited three culverts
that had been installed without appropriate permitting from USACE, DWQ or NCDOT. The
client has subsequently endeavored to have the wetland areas on the site delineated and hereby
initiates a USACE NWP Permit to remove the old culverts, replacing them with three shorter
culverts with a total length of 298 LF, and establish a protected woodland buffer around the
entire length of the stream within the property boundaries to mitigate for these impacts. As the
existing stream crossings are the backbone of this development see included map "Phase I"), it
is our sincerest hope that the reparation of the previous owner's permitting transgressions, along
with the restoration of all impacts in excess of 298 LF will allow these unavoidable impacts
under USACE NWP 39.
Page 9 of 13
As per NWP general conditions: appropriate soil and sediment controls will be in place,
heavy equipment will operate on mats or other measures will be taken to minimize soil
disturbance The movement of indigenous aquatic life will not be substantially disrupted, as the
width of the culverts and the depth of their installation are designed to maintain low-flow
conditions.
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.us/ncwetlands/stringide.html.
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.
The applicant will restore the stream and wetland area impacted by the old culverts (122
LF and 1,220 SF, respectively) and file a restrictive covenant (for proposed language see
attached "Declaration of Restrictive Covenants") on the deed to the property in order to
protect in perpetuity a woodland buffer around the entire length (3,134 LF), of this unnamed
tributary of Big Alamance Creek, as it passes through the property. The width of the buffer
will be 100', with 50' on each side of the stream and wetland areas, for the entire length of
Page 10 of 13
the stream to satisfy the (10:1) protection ratio that we understand will be applied in this
case with on-site mitigation.
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 http://h2o.enr.state.nc.us/wmhndex.htm. If
use of the NCWRP is proposed, please check the appropriate box on pagethree and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 X
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.
Page 11 of 13
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No X If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* (square Impact
feet
Multiplier
Required
1 3
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 / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
X1. 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.
1 surface waters on the property and downstream are protected by a well designed sediment
and erosion control system of diversion ditches, filter basins, check dams, and silt fencing. Also,
a large onsite like serves as a watershed protection retention pond. These devices are designed
to a seamlessly incorporated into more permanent Stormwater controls during future stages of
project development.
XII. Sewage Disposal (DWQ Only)
Clearly detail the tt fit hfi treatment methods and disposition (non-discharge or discharge) of
wastewater g6hbrAted from the proposed project, or available capacity of the subject facility.
Nott?.d slr?b te. 011blic sewer.
Page 12 of 13
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's
P09
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
STATE OF NORTH CAROLINA DECLARATION OF
RESTRICTIVE COVENANTS
COUNTY OF GUILFORD
THIS DECLARATION OF RESTRICTIVE COVENANTS is made this day of
,19_, by
("Declarant(s)").
RECITALS
WHEREAS, Declarants) is/are the owners of certain real property ("real
property" includes wetlands, any interest in submerged lands, uplands, associated
riparian/littoral rights) located in Guilford County, North Carolina, more particularly
described a 100 foot buffer on an unnamed tributary of Beaver Creek as it passes
through property described by recorded plant number ACL 4-225-345S-24, 25 359-1
(PART) BK 4634, PG. 1502. The length of stream to be preserved will be 3,134 LF,
with an associated .07 acres of wetland area, with a total buffer area of 7.2 acres of this
tract of 39.679 acres ("Property"). See attached Wetland Map and Proposed Stream
Mitigation Map for illustration; and
WHEREAS, as compensatory mitigation under Federal and State law for
Department of the Army Permit No. ('Permit") issued by the U.S. Army Corps of
Engineers, Raleigh District ("Corps" or "Raleigh District," to include any successor
agency), and certification(s) and/or permit(s) issued by the S. C. Department of Health
and Environmental Control ("DNER, " to include any successor agency), and in
recognition of the continuing benefit to the permitted property, and for the protection of
waters of the United States and scenic, resource, environmental, and general property
values, Declarant,() has/have agreed to place certain restrictive covenants on the
Property, in order that the Property shall remain substantially in its natural condition
forever.
NOW THEREFORE, Declarants hereby declare,(] that the Property shall be
held, transferred, conveyed, leased, occupied or otherwise disposed of and used
subject to the following restrictive covenants, which shall run with the land and be
binding on all heirs, successors, assigns (they are included in the term, "Declarant,"
below), lessees, or other occupiers and users.
1. Prohibitions. Declarants is/are and shall be prohibited from the following:
filling, draining, flooding, dredging, impounding, clearing, burning, cutting or destroying
vegetation, cultivating, excavating, erecting, constructing, releasing wastes, or
otherwise doing any work on the Property; introducing exotic species into the Property
(except biological controls preapproved in writing by the Corps and DNER); and from
changing the grade or elevation, impairing the flow or circulation of waters, reducing the
reach of waters, and any other discharge or activity requiring a permit under clean
water or water pollution control laws and regulations, as amended. The following are
expressly excepted from this paragraph: a) cumulatively very small impacts associated
with hunting (excluding planting or burning), fishing, and similar recreational or
educational activities, consistent with the continuing natural condition of the Property; b)
removal or trimming of vegetation hazardous to person or property, or of timber downed
or damaged due to natural disaster; c) restoration or mitigation required under law [if
reference is made to the Permit, or to a mitigation plan approved by the Permit, all exceptions (including regarding
buffer areas) must be specifically spelled out in the Permit or plan; also, additional, specific exceptions may be listed
in this paragraph, e.g., fire or wildlife management plans, boardwalks, etc.].
2. Amendment. After recording, these restrictive covenants may only be amended
by a recorded document signed by the Corps and DNER and Declarant. The recorded
document, as amended, shall be consistent with the Raleigh District model
conservation restrictions at the time of amendment. Amendment shall be allowed at the
discretion of the Corps and DNER, in consultation with resource agencies as
appropriate, and then only in exceptional circumstances. Mitigation for amendment
impacts will be required pursuant to Raleigh District mitigation policy at the time of
amendment. There shall be no obligation to allow an amendment.
3. Notice to Government. Any permit application, or request for certification or
modification, which may affect the Property, made to any governmental entity with
authority over wetlands or other waters of the United States, shall expressly reference
and include a copy (with the recording stamp) of these restrictive covenants.
4. Reserved Rights. It is expressly understood and agreed that these restrictive
covenants do not grant or convey to members of the general public any rights of
ownership, entry or use of the Property. These restrictive covenants are created solely
for the protection of the Property, and for the consideration and values set forth above,
and Declarants reserved the ownership of the fee simple estate and all rights
appertaining thereto, including without limitation the rights to exclude others and to use
the property for all purposes not inconsistent with these restrictive covenants.
5. Compliance Inspections. The Corps, DNER, and its/their authorized agents
shall have the right to enter and go upon the lands of Declarant, to inspect the
Property and take actions necessary to verify compliance with these restrictive
covenants.
6. Enforcement. The Declarants granter to the Corps, the U.S. Department of
Justice, and/or DNER, a discretionary right to enforce these restrictive covenants in a
judicial action against any personUs or other entity(ies) violating or attempting to violate
these restrictive covenants; provided, however, that no violation of these restrictive
covenants shall result in a forfeiture or reversion of title. In any enforcement action, an
enforcing agency shall be entitled to a complete restoration for any violation, as well as
any other judicial remedy such as civil penalties. Nothing herein shall limit the right of
the Corps to modify, suspend, or revoke the Permit.
7. Property Transfers. Declarants shall include the following notice on all deeds,
mortgages, plats, or any other legal instruments used to convey any interest in the
Property (failure to comply with this paragraph does not impair the validity or
enforceability of these restrictive covenants):
NOTICE: This Property Subject to Declaration of Restrictive
Covenants Recorded at [insert book and page references, county(ies),
and date of recording].
8. Marking of Property. The perimeter of the Property shall at all times be plainly
marked by permanent signs saying, "Protected Natural Area," or by an equivalent,
permanent marking system.
[Paragraph 9 - generally, a surveyed, recorded plat is required, however, at the discretion of the Corps and DNER,
an approved permit drawing or site plan attached to these restrictive covenants may suffice]
9. Recording of Plat. A plat depicting the boundaries of the Property subject to
these restrictive covenants shall be recorded in the deed records office for each county
in which the Property is situated prior to the recording of these restrictive covenants.
The plats) is/are recorded at [include book and page references, county(ies), and date].
10. Separability Provision. Should any separable part of these restrictive
covenants be held contrary to law, the remainder shall continue in full force and effect.
IN WITNESS WHEREOF, the Declarants) has/have duly executed this
Declaration of Restrictive Covenants the date written above.
IN THE PRESENCE OF:
Declarant,(sJ
By:
[type name of witness under signature line]
[type name of witness under signature line]
STATE OF NORTH CAROLINA
Its:
[type name of individual under signature line]
[title of signing individual, where applicable]
PROBATE
COUNTY OF
PERSONALLY appeared before me
the undersigned witness, and
made oath that he/she saw the within named [, by
, its J sign, seal and as his/her/its act and deed, deliver the within named
Declaration of Restrictive Covenants; and that he/she with the other witness named
above witnessed the execution thereof.
SWORN to and subscribed before me
this _ day of , 19_
[type name of witness under signature line]
NOTARY PUBLIC FOR NORTH CAROLINA
My Commission Expires:
S&ME
Form AS-931
Date: October 19. 2001 Job Number. 1588-01-PO81
c
ME Client Name: Associated Developers, Inc.
,
a
Consultant) (hereafter Client) Attn: Mr. Brad Deaton
Address: 3718 Old Battleground Road Address: 612 Pasteur Drive
City: Greensboro City: Greensboro
State: North Carolina Zip: 27410 State: North Carolina Zip: 27403
Telephone: [phone] Telephone:

[phone]
Fax:
Fax: [phone]
PROJECT
Project Name: PROPOSAL FOR VARIOUS WETLAND/PERMITTING TASKS
Project location: (Street Address:) Approximately 40-acre Olde Forest Development
City Greensboro State North Carolina Zip
I
SERVICES TO BE RENDERED
Proposal Number: 1588-01-PO81 dated: 10/19/01 is incorporated into this Agreement For Services.
This Agreement for Services is incorporated into the above Proposal.
WITNESSETH: WHEREAS, Client desires to contractwith Consultant
to furnish Services to Client's project identified above.
WHEREAS, Consultant is engaged in the business of providing
services and related labor, materials, and equipment (herein individually and
collectively referred to as Services.)
NOW, THEREFORE, in consideration of the Mutual Covenants and
Promises included herein, Client and Consultant. agree as follows:
OFFER ACCEPTANCE: Client hereby accepts Consultant's offer to
provide services as described in Consultant's proposal for services referenced
under "Services to be Rendered" and agrees that such services and any
additional services authorized by client, shall be governed by this Agreement
CONTRACT DOCUMENTS: "Contract Documents" shall mean this
document as well as the proposal listed under "Services to be Rendered" each of
which is incorporated into the other.
PAYMENT - Client will pay Consultant for services and expenses in
accordance with the Contract Documents. If prices for services are not established
under SERVICES TO BE RENDERED then the current fee schedule in effect for the
location providing the services shall be used as the amount to be paid by client for
services provided. Consultant will submit progress invoices to Client monthly and a
final invoice upon completion of its Services. Each invoice, on presentation, is due
and payable by Client Invoices are past due 30 days after the date of the invoice.
Past due amounts are subjectto a late payment fee of one and one-half percent per
month (18 percent per annum) or the highest amount allowed by applicable law on
the outstanding balance whichever is less. Attorney's fees and other costs
Incurred in collecting past due amounts shall be paid by Client
Consultant shall be paid in full for all services rendered under this
Agreement, including any additional services authorized by Client in excess of
those stated in this Agreement
The Client's obligation to pay under this Agreement is in no way
dependent upon the Client's ability to obtain financing, payment from third parties,
approval of governmental or regulatory agencies, or upon the Client's successful
completion of the Project
WARRANTY AND STANDARD OF CARE - Consultant and its agents.
employees and subcontractors shall endeavor to perform Services for Client
using that degree of care and skill ordinarily exercised by and consistent with the
standards of others ordinarily providing similar services in the same or similar
locality as the one where the services are performed. in the event any portion of
the Services fails to substantially comply with this warranty and standard of care
obligation and Consultant is promptly notified in writing prior to one year after
completion of such portion of the Services, Consultant will re-perform such
portion of the Services, or if re-performance is impractical, Consultant will refund
the amount of compensation paid to Consultant for such portion of the Services.
THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE,
This. WARRANTY AND STANDARD OF CARE is.in lieu of all other
warranties and standards'of care. No other warranty or standard of care,
expressed or implied, including warranties of merchantability and fitness for a
particular purpose is made or intended by the proposal, by oral communications
or by any representations made regarding the services included in this
Agreement
LIMITATION OF LIABILITY - Consultant and Client mutually agree
that the services provided pursuant to this Agreement involve risks of liability
which cannot be adequately compensated for by the payments Client will make
under this Agreement Therefore, the total cumulative liability of Consultant its
agents, employees and subcontractors whether in contract tort including
negligence (whether sole or concurrent) and strict liability, or otherwise arising
out of, connected with or resulting from the services provided pursuant to this
Agreement shall not exceed the total fees paid by Client or fifty thousand dollars.
whichever is greater. At additional cost, Client may obtain a higher limit of liability
prior to commencement of services. The additional cost is compensation to
Consultant for increasing the Consultant's limit of liability. The additional cost is
not an insurance cost Consultant's consideration to Client for this limit of liability
is specifically reflected in Consultant's fees for services under this Agreement as
such fees are less than Consultant would be paid for services under an
Agreement without a limitation of liability. Client is cautioned that this is a limited
liability Agreement limiting the IlabiNty of Consultant; therefore, Client Is advised
to carefully review Client's risks of liability related to this contract and address
such risks through CIIeM's Insurance or other means.
DISCLAIMER OF CONSEQUENTIAL DAMAGES - In no event shall
Consultant or Client be liable to the other for any special, indirect incidental or
consequential loss or damages, including lost profits and loss of use.
REPORTS - In connection with the performance of the Services.
Consultant shall deliver to Client one or more reports or other written documents
reflecting Services provided and the results of such Services. All reports and
written documents delivered to Client are instruments reflecting the services
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220152 County: Guilford
NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Authorized
Owner_ Olde Forest, LLC Agent S&ME. Inc.
Attn: Bradford Deaton Attn: Matthew O'Brien
Address 612 Pasteur Drive, Suite 206 Address 3718 Old Battleground Road
Greensboro, NC 27403 Greensboro NC 27410
Telephone Number 336-854-5551 Telephone Number 336-288-7180
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
located on the west side of Fox Burrow Road, north of US 421. southeast of Greensboro, Guilford
County, North Carolina.
Basis for Determination: The site contains stream channels and wetlands with indicators of ordinary
high water marks, adjacent to an unnamed tributary of Big Alamance Creek, above headwaters, in the
Cape Fear River Basin.
Indicate Which of the Following Apply:
X There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to yt>u. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act.(33 USC 1344)... Unless there. is.a change in the law
or our published regulations, this determination.may be relied upon fora period not to exceed five years from the
date of this notification. '
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Todd Tugwell at telephone number 4(919) 876 - 8441 extension 26
Project Manager Signature \ I h..
Date December 14, 2001
December 14, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
I-
Applicant: Olde Forest, LLC File Number: 200220152 Date: 12/14/2001
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
X PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a ,Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL:. You may..appeal,the denial of a.permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
'SECTION II R.EQUESTyFOR'..:APPEAL or OBJECTIONS TO AN INITIALr PROFFERED PERMIT ?: , . ? x
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an Y
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Todd Tugwell, Regulatory Specialist Mr. Arthur Middleton, Administrative Appeal. Review
Officer .
.
Raleigh Regulatory Field Office CESAD?ET-CO-R
6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, North Carolina 27615 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

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L SERVICES • ENGINFFRING • TESTING
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SITE LOCATION MAP
Olde Forest Subdivision
Greensboro, NC
1588-01-036
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