20031198 Ver 1_COMPLETE FILE_20030929

? WA TF Michael F. Easley, Governor
RpG
O?O William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 2, 2003
(This 401 approval letter replaces the previous approval letter dated February 2, 1999)
DWQ Project No. 03-1198
Craven County
Page 1 of 2
Scheper & Assoc., Inc.
3940 Hwy 70 E.
New Bern, NC 28560
Subject Property: Lot 500 Chateau Dr., Fairfield Harbour, Section 20
Northwest Creek, (030410, (27-105), SB SwNSW)
APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS
To Scheper & Assoc., Inc.:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.03 acres of wetlands for the purpose of a residential development at the subject property, as
described within your application dated 9/29/03. After reviewing your application, we have decided that the impacts
are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3402
(GC3402). The Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and Land Quality regulations. Also, this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification. This 401 approval letter replaces the previous approval
letter dated February 2, 1999.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you
must follow the conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Diffuse Flow
An additional condition is that all stormwater shall be directed to flow at non-erosive velocities into the remaining
wetlands on the subject property.
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands
Scheper & Assoc., Inc.
Page 2 of 2
10/01/03
3. Protective Fencing
The outside wetland and along the construction corridor within these boundaries approved under this authorization
shall be clearly marked with orange fabric fencing (or similar high visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water. This fencing shall be installed prior to any land disturbing
activities to ensure compliance with 15A NCAC 2B .0233 and GC 3402. The protective fencing should be removed
once construction is complete.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions
of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the
404 or CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 26 .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
u?zz?
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3402
Cc: USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
DWQ # 03-1198
Date: 10/02/03
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Pre-Construction Notification {PC?Applicatioln Form
For Section 404 and/or Section 1.0 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' (USAGE)
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 ludividual 401
wa+wr Q('crtification. The USACE Individual Permit application form is available online at
htt?//www saw,usace.armv mil/wctland'crm 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.usacc.army.m.ii/wettands/reptour.Jitm, 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 "vctlands and waters of the U.S.
The DWQ issues a corresponding Certification (Genera[ or. Individual), and cannot tell the-applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USAC:E.
Applicants are encouraged to visit I)WQ's 401/Wetlands Unit website at
hrtrr//b2o.enr.state.ne.us/newetlands 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]. %0/
/41
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 appropriates NGW C,
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application..
Page t of l?
?.
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i ; ? n,
A3..
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 (DCMI). 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, sec Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http•//www saw usace anny mil/wetlands/nwpfinaIE2ARee, df. 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 alI 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 d/water impacts and less than 150 feet cumulative impacts to
strcaAas, then fec of $200 is re u' T.f either of these thresholds is exceeds di there a: fee: of 5475 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 paekap,. For more
information., see the DWQ wcbsite at ltttp //h2o ehnr.state.nc.us/ncwetlands/fees.htmi. The fee must be
attached with the application unless the appficant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable orr tha 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 fec 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:impactcd:priorto
issuance orwaivcr of a Section 401 Water Quality Certification. Upon receipt of a complete application.
fora 401 Certification, the Division of Water Quality has 60 days to propane a_ writtem respe= ta the
applicant: This may include a 401. Certification, an on-hold letter pending; receipt: of motional
requested information, or denial.

US Army Corps Of Engineers Field Offices and County Coverage
Asbeville Regulatory Field Office Alexander Caldwell. Haywood McDowell
US Army Corps of Engineers Allegbany Catawba Henderson Mecklenburg
151 Patton Avenue Ashe Cherokee Ircdell Mitchell
Room 208 Avery Clay Jackson Polk
Asheville, NC 28801-5006 Huncombe Cleveland Lincoln Rowan
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamancc 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
US Army Corps Of Engineers
Post Office Box 1000
Washington,NC 27889-1000
Telephone: [phone]
Fax: [phone]
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: [phone]
Fax: [phone]
Dtrisicn of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Beaufort Currituck Jones
Berrie Dare Lenoir
Camden Gans Martin
Carteret' Green Pamlico
Cbowan Hertford Pasquotank
Craven Hyde Perquimans,
Anson Duplin Onslow
Bladen Harnett Fender
Brunswick Hoke Richmond
Carteret Montgomery Robeson
Columbus Moore Sampson
Cumberland New Hanover Scotland
-9S' 7.IC4
Swain
Transylvania
Union
Watauga
Yancey
Pitt
Tyrrell
Washington
Wayne
"Croatan National Forest Only
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation. Office
DeparrtrtentOf Cultural Resources
4617 Mail Service Comm
Raleigh, NC 276994617
Telephone. [phone]
Fax: (91.9) 715=2671
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service TJS Fish and Wildlife Service National' MarinaFisheries Serrice
Raleigh Field Office Asheville Field Office Kabitat.CotlaervatlonDivision
Post Office Box 33726 160 Zillicoau street Pivamrsuwd
Raleigh, NC 27636-3726 Asheville, NC 2880t $eauXr0%r'» zel'6
Telephone: [phone] Telephone: [phone] T'elephona:(ZSZj'728-5090
so Q .^,
CAMA and INC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Bruriswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Qnslow Tyrrell
Fax: [phone] Carteret Gates Parnlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
3855 Idlewild Road
K=ersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
Allcghany Caldwell
Ashe Mitchell
Avery Stokes
Burke Surry
Buncombe Henderson
Cherokee Jackson
Clay Macon
Graham Madison
Haywood McDowell
Watauga
Wilkcs
Polk
Rutherford
Swain
Transylvania
Yancey
APPLICATION FORM BEGM ON PAGE S- PLEASE DO NOT SUBUNIT PAGES 1- 4.
PaV 4. of 12

Office Use Only:
USAGE Action ID No. ?._
(If any particular item is not
L Processing
I. Check all of the approval(s) requested for this project:
F71 Section 404 Permit ? Riparian or Watershed Buffer Rules
? ection 10 Permit ? Isolated Wetland Permit from DWQ
[0401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:NW* 13 L n ?
3. If this notification is solely a courtesy copy because wrtten approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. Tf your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Managem t Area of
Environmental Concern (she the top of page 2 for further details), cheek here: Z
II. ApplicautInformatiort
Owne
Name'
Mailir

DWQ No.
to this project, please enter "Not Applicable" or "N/A".)
Form Version May 2402
Telephone N
E-mail Addrt
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached. if the Agent has signatory authority for the owner/applicant.)
Name: N?
Company Affiliation:
Mailing Address:
Tclephone Number: _ Fax Number.
E-mail. Address:
Pages of 12

III. Project Information
4.
7.
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 ate 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 .plaza drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For adrra nistrative and distribution purposes, the
USAGE 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 bas been placed on hold until decipherable maps are provided.
1. Name of project: Lo
2. T.J.P. Project Number or State Project Number (NCDOT Only):
3. Property Idcnti£catiou Number (Tax PIN): 7 _J ?c) - I - G Z7
Location:
County: 00.11 Q n
SubdMsion name (include phasellot numbe
Directions to site (include WO nurrabcxs, l.aa
6. Property size (acres): r-e
7. Nearest body of water (stream/river/sound/ocean/lake):
8. River Basin: N'P' t 1.')-) -2
(Note - this must- be one of North Carolina's seventeen designated major river basins. The
River Basin map is available afoot://h2o.enr.statc.nc.us/admin/map!/.)
9. Describe the, existing,
at the time- o€thisam

on the site an& p=ral land use in tb.ecvicinity of the project
Page 6 of 12
?? Po; C?_
x', ?oF?CL
Site coordinates,. ifavailable (UTM or Lat/Long): C O I
(Note - If project is linear, such as a road or utility line, attach sheet tAat separately lists the
coordinates for each crossing of a distinct waterbody.)
?._. 21 CC3 _1.43 ?5?.
DQS'. _ .'J3S
14. Describe the overall project in detail,. including the type of equipment to be used.?naokho-e_
C u.
? c-
11. Explain the purpose of the proposed work: o `ten a h' no,?2 - M ?r/
[e,6 onC?
TV. 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 USAGE 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
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 dct=ine, delineate and map all impacts to
wetlands, open water, and stre= chapnels 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
plat AlL wetlands and waters, and all. streams (intermittent and perennial) must be shown orr a.
delineation map, whether or not impacts arc proposed to these systems. Wetland and stream
evaluation` and. delineation forms should be included as appropriate. Photographs may be
included at thcr applicant's- discretion. If this proposed impact is strictly- for wetland or stream
mitipdom list aim& describe the impact in Section VM below. If additional space is needed. for
listing or. description, please attacb a separate sheet.

1. Provide a written description of the proposed impacts: ? 0 n-z kn C + ? n
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on map)
Type of Impact* Area of Located within
Impact 100-,year Floodplain"*
acreses/no 17istatace to
Nearest Stream
linear feet
Type of Wetland**"

" List each impact separately and identify temporary impacts. Impacts include, but arc not umit to_ mecaamzea cLeanng, grtwrng,
excavation, flooding. ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
I00-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 h1pW-w vg, no.Vv.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bo& etc.) indicate if wetland is isolated (determination of isolation to be made by USACC only).
List the total acreage (estimated) of all existing wetlands on the property: 2 acre
Total area of wetland impact proposed: 0.0 0. e r?
3. Individually list all intermittent and perennial stream impacts below: 4H
Stream impact
Site Number
indicate on Ma
"pype of Impact* I Length of i Average Width
Impact Stream Name" of Stream
linear feet BefoMIm ?=Wial or
Intermittevv
lease

i ?

List each impact scparxxtety and identify temporary impacts. impacts 1nciuae, out are not umj= i cuiror? auw asawirw+a tr•?,
dams (separately list impacts. due to both structumand flooding), relocation (include linear feet before and after, and net loWgain),,
stabili2tion activities (cement wall, rip-rap, crib wall, gabiom, etc.), excavation, ditcbinglWaightcnin& etc If stream rllocarion is
proposed, plans and profiles showing the linear footprint for both the original and rcloeatedstreanzmustbaincluded-
** Stream names eaur be, found on USGS topographic maps. If a stream has no name' list as UT (unnamed tributary) toP the nearest
downstream named. stream into which it flows. USGS maps are available through the USGS at, 1.80OL35T-9616; or onlfimat,
www,ttsgs:emr. Several intermet sites also allow direct download and printing of USGS'- maps
www.rnunMmueatjxrm. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: hq? -
Pngc 3 of 12

4. individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: ?) / N'
Open Watcr Impact
Site Number
indicate on ms
Type of Impact" I Area of
Impact
acres
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean etc

i

" List each imp= scpeuaccly and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
Ao*Bng, drainage, bulkheads, =.
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 a lication.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of construction (e.g., dam/cmbankment, excavation, installation of
draw-down valve or spillway, ctc.)_ ti/ I 14
Proposed use or purpose of pond (e-g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): A) l ?
Size of watershed draining to pond: Expected pond surface area.:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
informatio>a related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. 'l"kie applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options wcrc trot 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.
00
VIII- N iitgation
DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be reT;d=d: by. the. NC"
Division of Water Quality for projects involving greater than or equal to one acm of impact& to.
freshwater wetlands or greater than or equal to 150 linear feet of total impacts: to perennial
streams.
Page 9 of 1.2

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 cnviromcnt 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 mitigations 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 sha11 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.our.!,Iate,nc.us/ncwctlands/strmei.dc.htnil.
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 aid amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mcchanisrn (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.
NIft
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the appticanes responsibility to contact the NCWRP at
[phone] to determine availability and to request- written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRF website at Iittp://h2o.enr.state.nc_.us/wrp/index 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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland.mitigatiorr requested (acres):
Amount of Non-riparian wetland mitigatiomrapested:(acres):
Amount of Coastal wetland mitigation requested (acres):
Pago 10 of 12

"k CL idAJ.:
IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaustate) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at 919) 733-50$ to review current thresholds for environmental documentation.
Yes No M
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA al approval letter.
Ycs ? No
X. Proposed .fmpacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts; are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Ncuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randlexuan Rules and
Water Supply BuflC:r Require Ifients), or other (please identify )?
Yes ? No If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone` (squarc Eat Mitigation
l 3
Z - 1.5
Total
" Zone 1 extends out 30 feet perpendicular sorry near bank of ehamiel, Zone 2 -ttends an
additional 20 fcct from the cdge of Zonc 1.
Pug )'1,'.' of-12:

990 ?.u
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 28.0242 or.0260. Ai /q
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwatcr controls proposed in order to protect surface waters and wetlands
downstream from the property. , / i/
X11. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by 1DWQ)
Is this site in violation of DW Wetiand Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No I F,
Is this an after-the-fact permit plication?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiantly 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 outer issues outside of the applicant's control).
long kAJO.1Y1
Page 12 of 12

(Agent's signature is; valid: onlp ifarr authorization letter from the applicant is provided.)
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PRELIMINARY PLOT PLAN DATE: 9/07/2003
FOR REVISED 4/23M
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State of North Carolina
Department of environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Lit
HC NR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT ANO NATURAL RESOURCES
February 2. L999
Craven County
WQC 401 Project * 980843
APPROVAL of 401 Water Quality Certification
Mr. Tommy Bizzell
400 Hyman Road
New Bern. NC 28560
Dear Mr. Bizzell:
You have our approval, in accordance with the attached conditions, to place fill material in 0.10 acres of wetlands or
waters for the purpose of a residential development, as you described in your application dated September 22, 1998. After
reviewing your application, we have decided that this Fill is covered by General Water Quality Certification Number 3108.
This Certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Dischargerand Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us a. new application. If the property is sold, the new owner mustbe given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions'-- If total wetland fills for
this project (now or in the future) exceed one acre-, compensatory mitigation: may be! required as-described, in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition. which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final. and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Cotes of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
980843.1tr
Dtvtsib o€ Water 0.uality invironrr? tal Set ce r CF,
Environmental Sciencaach,'44Q1t ReeCreel?Rcl Raltgt;1?7dTelepLaci&t9L-733478& EAX 73Z-9959
An Equal Opp.cn0 Effrrrtatiuer c arv:Errrptfly?r' ^ 5fL`f recq?et Qt ? e. c??isume c C ,
y
Sin ° ely,
1
ton Howard r. P.E.
t'
V V (J
cr1 -, I' 0 r_
WILLIS-SMITH
COMPANY
April 26, 1999
liitchell Brydge
Brydge & Lee, .tnc.
1210 Broad Creek Road
New Bern, NC 28560
VIA FACSIMILE: 636-3283
RE-, Wo;k done far Thomas Bizzetl
15 00-C LE $inrET
O. 8C)( 1 575
NP-h nSPN NC ^8503-1575
3Vs. [phone]
OU7GIOE h'C [phone]
FAX [phone]
www.c01dwe Mbar" rtwmos.oom
2-MAIL sm0sn 000tdwQ0bQNGr can
I have asked Yvonne at Hunt Baxter's office to deduct $375.00 f -.im the .Realtors,
commission, By copy of this letter, I'm requesting that these funds be escrowed until the
following conditions have been met.
In addition to what pertains to the S3 75,00, this should also include the 5512,00 already
paid from Seller's earnest money and Coldwell Banker-Willis Smith Company.
• Separate, itemized invoices totaling $887.00
Copies of approved permits, delineation work, and surveys obtained as a result of
these invoices.
This to be sent to Scheper & Associates, 3940 Highway 70 East, New Bem. NC, 28560.
Telephone: [phone], .>Jacsizrile: 637-1217.
As soon as Rick Scheper notifies me that all of these are received, I will contact Hunt
Baxter's office to release the funds to you.
Sincerely,
4?
Robert K. Stevens }
Coldwell Banker-Willis Smith Company
cc: S. Smith
R. Scheper
,H. Baxter/Yvonne.

. 10,
;;tai-
U.S. ARM CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. (0 County C fI
GENERAL PERMIT (REGIONAL AND, NATIONWIDE) VERIFICATION
Property owner 1 o wfh?r4 D 1 72e I I
Address ?-? 00 N-s/ W1 o uJ
Jt/e ?..? ?e r A/ C- 295-6o
_7Z
Telephone No. g CZSZ), 633-J?,7
Size and Location of project (water body, road name/number, town, etc.)1,15 G cz(f to T E(?, P c.-

Description of Activity P1 4 r P S 1tM .. ? ?k --? a ?/ e O e1 S
a e r, k. + -F' c. r s
Applicable Law: -X -Section. 404 (Clean Water Act; 33 U.S.C. 1344).
(check all that apply) Sectiom" 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
Nationwide Permit Number.
Your workis authorizedby this.RegionaLGeneral (RGP) or Nationwide Permit(NWP) provideditis accomplished
in strict accordance with the. attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above: is checked), before beginning- work you must also receive a Section: 401 water
quality certification from theN.C- Division of Environmental Management, telephone [phone]. For any-
activity within the twenty coastal counties, before beginning work you must contact the: N.C. Division of Coastal
Management, telephone (914) 733=2293.
Please read and carefully comply with- the attached conditions of the RGP orNWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action-
This Department of the Army RGP or NWP verification does not relieve thepermittee of the responsibility to. ohtaiir
any other requires): Federal, State', orlocat approvalslpermits . The permittee-may need to contact appropriate: State
and local agencies before beginning work.
If there are an questionsregarduigthauttioEizatioa--osany:of the conditions of the General PermitorNatiorrwide
Permit; please contact the C"brLm the glaxoEy- fJfi7ciat specified below.
Date?•,'1'c?r
Corpsx,> ;egzlfata e-Gft?ah 70 Telephone; No.-
EXptrat mDate a le `r a { ".rte r M .
. F'J. '?Tr.-hew. ?R: . .: .. :;. "?. -•- .? ? rv? "?H ???? I?t _
g P _ _ F0 1: MS,, P P '24L?FSn 1 '1 .
t 1 2 M ,.IFIEQUI UE0D, 0' v?
/ CESAVWFanEW' wp?wc -
NATIONWIDE ?ERNLT.T #18: MINOR DISCEUkP6ES. Authorizes discharges of dredged or
fill material into all waters of the United States provided that the activity
meets all the following criteria:
a. The quantity of the discharge and the volume of the excavated area
does not exceed twenty-five (25) cubic vards below the plane of the ordinary
high water mark or the high tide line;
b. The discharge, including any excavated areas, will not cause the
loss of more than 1/10 acre of a special aquatic site, including wetlands.
For the purposes of this nationwide permit, the acreage limitation includes
the filled area and excavated area plus special aquatic sites that are
adversely affected by flooding and special aquatic sites that are drained so
that they would no longer be a water of the United States as a result of the
project;
C. If the discharge, including any excavated area, exceeds 10 cubic
yards below the plane of the ordinary water of the high tide line or if the
discharge is in a special aquatic site, including wetlands, the permittee
notifies the District Engineer in accordance with the "Notification" general
condition. For discharges in special aquatic sites, including wetlands, the
notification must also include a delineation of affected special aquatic
sites, including wetlands;
d. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project and -,s not placed for the
purpose of stream diversion; and
e. This nationwide permit cannot be used in conjunction with nationwide
permit No. 26 for anv single and complete project.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
_ nstruction, and all exposed soil and ,thee as weal as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which noriiaily migrate through the area, unless the
activitv's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands. must be placed on
mats, or other measures must be taken to minimize seil disturbance.
6. 3egioa&L and case-by-case conditions. The activity must comply with
any regtanal conditions which may have been added by the Division Engineer
(see 31 CER. 37W_4.?(.e).). and with any case specific conditions added by the Corps
or by the State cy t Lbe in its Section 4Cl water quality certification.

7. Wild and Scenic Rivers No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while: the
river is in an official study status; unless the appropriate Federal agency,
with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely effect the Wild and.
Scenic River designation, or study status. Information on wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in
the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water quality certification. The permittee must comply with all
conditions of General Water Quality Certification No. 3106, issued by the
North Carolina Division of Water Quality (NCDWQ) on -February 11, 1997.
10. Coastal zone management. The North Carolina Division of Coastal
Management (NCDCM), has determtned that this nationwide permit is
conditionally consistent with the North Carolina Coastal Management Program.
Notification to and written concurrence from the NCDCM is required prior to
work in the twenty (20) coastal counties of North Carolina.
11. Endangered species.
a. No activity is authorized under any NWP-which is likely to
jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal
Endangered Species Act, or *hich is Likely to destroy or adversely modify the
critical habitat of such species. Non-Federal permittees shall notify the
District Engineer if any listed species or critical habitat might be affected
or is in the vicinity of the project, and shall not begin work on the activity
until notified by the District Engineer that the requirements of the
Endangered Species Act have been satisfied and that the activity is
authorized.
b. Authorization of an activity by a nationwide permit does
not authorize the take of a threatened or endangered species as defined
under the Federal Endangered Species Act. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological opinion with
incidental take provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non-Lethal
takes of protected species are in violation of the Endangered Species
Act. Information on the location of threatened and endangered species
and their critical habitat can be,.obtained directly from the offices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.goy/tmcintyr/prot_res.html*ES and Recovery,
respectively.
12. Historic properties. No activity which may affect historic.
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective perms-ttee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, deterau ned to be eligible, or which the
orospecti.ve pe =aLttee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
?onstruction Notification (PCN) as early as possible and shall not begin the
activ_zv:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engi neez; or
(2) :f notified by the District or Division Engineer that an
individual permit Ls required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the perm_ittee's
right to proceed under the AP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The notification must be in writing
and include the following information:
permittee;
(1) Name, address and telephone numbers of the prospective
2) Location of the proposed project;
Brief description o the proposed project; the project's
ourpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or
any related activity; and
(4) For NWP 18, the ?CN must also include a delineation of
affected special aquatic sites, _including wetlands (see paragraph 13.f.).
Form of Notification: The standard individual permit
application form (Form ENG 4345) may be used as the notification but must
clear'_v indicate that it is a PCN and must include all the information
required in b.(1)-(4) of General condition 13. A letter may also be used.
3
dU? ¢ Y
d. District Engineer's Decision: In reviewing the pre-
construction notification for the proposed activity, the District Engineer
will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be
contrary to the public interest. The prospective permittee may, optionally,
submit a proposed mitigation plan with the pre-construction notification to
expedite the process and the District Engineer will consider any optional
mitigation the applicant has included in the proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. if
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal, the District Engineer
will notify the permittee and include any conditions the District Engineer
deems necessarv.
Any mitigation proposal must be approved by the District Engineer prior
to commencing work. If the prospective permittee elects to submit a
mitigation plan, the District Engineer will expeditiously review the proposed
mitigation plan, but will not commence a second 30-day notification procedure.
=f the net adverse effects of the project (with the mitigation proposal) are
Bete ruined by the District Engineer to be minimal, the District Engineer will
provide a timely written response to the applicant stating that the project
can proceed under the terms and conditions of the nationwide permit.
If the District Engineer determines that the adverse effects of the
proposed work are more than minimal, then he will notify the applicant either:
(1) that the project
the NWP and instruct the applicant
under an individual permit;
(2) that the project
applicant's submitting a nitigatio
effects to the minimal level; or
(3) that the project
modifications or conditions.
does not qualify for authorization under
on the procedures to seek authorization
is authorized under the NWP subject to the
z proposal that would reduce the adverse
is authorized under the NWP with specific
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
revel.
Optional Agency Coordination. For NWP 18, where a Regional
Administrator of EPA, a Regional Director of USFWS, or a Regional Director of
NMFS has formally requested general notification from the District Engineer
for the activities covered by any of these NWPs, the Corps will provide the
requesting agency with notification on the particular NWPs. However, where
the agencies have a record of not generally submitting substantive comments on
activities covered by any of these NWPs, the Corps District may discontinue
providing notification to those regional offices. The District Engineer will
coordinate with the resource agencies to identify which activities involving a
?CN that the agencies will provide substantive comments to the Corps. The
District Engineer may also request comments from the agencies on a case: by
case basis when the District Engineer determines that such comments would;
assist the Corps in reaching a decision whether effects are more than. minimal
either individually of cumulatively.
4;

f. We-lands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special acruatic site. There may he some
delay if the Corps does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted. to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, inlieu fees to organizations such as The Nature
.Conservancy, state or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. in addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
14. Compliance certification: Every permittee who has received a
nationwide permit verification. from the. Corps will submit a signed
certification regarding the completed work and any required mitigation. The
certification will be forwarded by the Corps with the authorization letter and
will include:
a. A statement that the authorized work was done in accordance
with the Corps authorization, including any general or specific conditions;
b. A statement that anv required mitigation was completed in
accordance with the permit conditions; and
_. The signature of the permittee certify_ng the completion of the
work and mitigation.
15. Multiale use of nationwide permits. _n anv case where NWP number
12 through 40 is combined with any other NWP number 12 through 40, as part of
a single and complete project, the perraittee must notify the District Engineer
in accordance with paragraphs a., b., and c. of the Notification General
Condition number 13. Any NWP number 1 through 11 may be combined with any
other NWP without notification to the Corps, unless notification is otherwise
required by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more
different NWPs can be combined to authorize a single and complete project.
However, the same NWP cannot be used more that once for a single and complete
project.
SECTION 404 ONLY CONDITIONS
in addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waters of the United States, and must be followed in order for- authar-4zation
by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the public water supply intake structure or
adjacent bank stabilization.
2. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting activity authorized by NWP 4.
3. Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.,) and material discharges must be free from toxic pollutants in toxic
amounts ;see Section 307 of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approves a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
Obstrdctions to high flows. To the maximum extent practicable,
discharges must not oermanerytly restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
8. Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maxim= extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.

REGIONAL CONDITIONS
1. Prior to the use of any nationwide permit in a designated
"Outstanding Resource Water" (ORW), a designated "High Quality Cuter"(HQPF) or
a designated "Primary Nursery Area' (PNA) of North Carolina or in contiguous
wetlands (as defined by the North Carolina Division of Water Quality) to any
of the above waters, proponents must notify the Wilmington District Engineer
and furnish a written statement of compliance with all of the conditions of
the applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to working in the waters and/or contiguous wetlands and why
alternatives were not selected; and a plan to mitigate for all unavoidable
adverse impacts to the waters and/or contiguous wetlands as may be required by
the applicable nationwide permit. Work may proceed only after the permittee
has received written, telephonic or faxed approval to proceed from the
District Engineer. Normally such notice to proceed will be furnished within
thirty (30) days of receipt of the above information.
2. Prior to the use of any nationwide permit in a designated "Area of
Environmental Concern (AEC) in the twenty (20) counties of Eastern North
Carolina covered by the Coastal Area Management Act (CAMA), a proponent must
obtain the required CAMA permit and furnish a cony of the LAMA permit to the
Wilmington District Engineer.
3. Prior to the use of any nationwide permit on a barrier island of
North Carolina, a proponent must notify the Wilmington District Engineer and
furnish a written statement of compliance with all conditions of the
applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands,: a discussion of
alternatives to the work and why alternatives were not selected; and a plan to
mitigate for all unavoidable adverse impacts to wetlands or waters as may be
required by the conditions of the applicable nationwide permit. work may
proceed only after the permittee has received written, telephonic or faxed
approval to proceed from the District Engineer. Normally such notice to
proceed will be furnished within thirty- (30) days of receipt of the above
information.
4. Prior to the use of any nationwide permit in a "Mountain Bog" of
North Carolina, a proponent must notify the Wilmington District Engineer and
furnish a written statement of compliance with all of the conditions of the
applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives z., the work and why alternatives were not selected; and a plan to
mitigate for all unavoidable adverse i-mvacts to wetlands or waters. Work may
proceed only after the permittee has received written, telephonic or faxed
approval to proceed from the District Engineer. Normally such notice to
proceed will be furnished within thirty (30) days of receipt of the above
information.
t
5. Prior to the use of any nationwide permit for construction of animal
waste facilities in waters and/or wetlands of North Carolina., a proponent must
notify the Wilmington District Engineer and furnish. a.-written statement of
compliance with all conditions of the applicable nationwide permit.
Notification will include the Location of work; a description of work; a.
delineation of wetlands; a discussion of. alternatives to the work and why
alternatives were not selected; and.a plan to mitgate-far all unavai:dable
adverse impacts to wetlands. or waters: as may be requIrect by the cancLtts.ons of
the applicable nationwide permit. Work.. may proceet only after .the:permi:tttee
has received written, telephonic or faxed approva>_ to praceed:fbom the
District Engineer. Normally such notice to- proceed:. w.i-11:: be furnished: within
thirty (30.) days of receipt of the above infatsan.
n
1 '
.?f?nAdS( 1, _ ._
o'. The total area of wetlands impacted under any nationwide permit. must
not exceed the area limits stated in the nationwide permits drained. by upland.
perimeter ditches or by other means.
7. Prior to the use of any nationwide permit in Mountain Trout Waters
within twenty-five (25) designated counties of North Carolina, a proponent
must notify the Wilmington District Engineer and furnish a written statement
of compliance with all the conditions of the applicable nationwide permit.
Notification will include a letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC); the location of work; a delineation of
wetlands; a discussion of alternatives to working in the Mountain Trout Waters
and why alternatives were not selected; and a plan to mitigate for all
unavoidable adverse impacts to the Mountain Trout Waters. Work may proceed
only after the aermittee has received written, telephonic or faxed approval to
proceed from the District Engineer. Normally such notice to proceed will be
`_urnished within thirty (30) days of receipt of the above information.
a. The twenty-five (25) designated counties are:
A-Lteghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon Madison McDowell
Mitchell Polk Rutherford
Stokes Surrv Swain
Transylvania Watauga Wilkes ;
Yancy
b. To obtain the e-cuired letter of approval from the North Carolina
Wildlife Resources Commission (NCWFRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
8. Wetlands and waters must be avoided onsite to the maximum extent
,_acticable and adverse impacts to wetlands or waters must be minimized onsite
_., the maximum extent practicable.
9. High ground created by this nationwide perm-,t may not be accessed
using nationwide permit No. 1-4.
a,
STATE CONSISTENCY CONDITIONS
If the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management (NCDCM) that the activity is consistent with the North
Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
Activities authorized by this nationwide permit require written
concurrence from the North Carolina Division of Water Quality (NCDWQ).
2. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central Offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and a1 L lakes and reservoirs, and 10 NTU's in trout waters)
3. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
4. _f an environmental document is required, this Certification is not
valid until a FONS7 or ROD is issued by the State Clearinghouse.
5. This Certification shall not be used in conjunction with the
Certification for nationwide oermit No. 14 to create high ground for access.
Deed restrictions must be placed on all remaining wetlands on the
parcel after appropriate use of this and other Certifications. The North
Carolina Division of Water Quality (NCDWQ) shall be sent copies of all deed
restrictions app lied to this parcel. _= this condition is not met, written
NCDWQ approval is needed to utilize this General Certification (and nationwide
permit).
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
3. Zoncur_encer from the Nor.... Carolina Divis or. of Water Quality (NCDWQ)
that this __=icat_on app lies to an individual project shall expire three
vears from the date of the cover Letter from the NCDWQ.

SCHEPER AND ASSOCIATES, INC.
38917
North Carolina Division of Water Quality 09/24/2003 $200.00 Control #38917
Invoice - - Payment
Invoice Date Description__ _ Gross Retainage Discount- Amount
500924 09/24/2003 500FH $200.00 $200.00
Lot 500 Chateau Drive/Fairfield Harbour
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