20050813 Ver 3_401 Application_20070517

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May 9, 2007
EXPRESS
NCDENR, Division Of Water Quality
Wilmington Regional Office
Attn: Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, NC 28405
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DENFt - VvA1 Ek t,;UA~I C'/
WETLANDS;1ivD STf?RM~JATf_R BRA-~ti
RE: 401 Fill Impact PCN Application
Mimosa Bay Subdivision
Sneads Ferry, Onslow County, North Carolina
Dear Ms. Steenhuis,
MAY Y 4 200)
Enclosed are the seven copies of the following documents for your review;
Pre Construction Notification (PCN)
Figure 1 Site Location Map
Figure 2 Site Vicinity Map On USGS Topographic Map
Figure 3 Map Of Mimosa Bay Isolated Wetlands (Hanover Design)
Figure 4 Isolated Wetland Areas With GPS Coordinates
Figure 5 Soil Conservation Services Site Soils Map
Figure 6 Master Plan Mimosa Bay (Phases 1 through 4 -Hanover. Design)
Figure 7 Master Plan Mimosa Bay (Phase 5 -Hanover Design)
USACE NW-39 Permit 2005-764-067 For Phase 5 Impacts
NCDENR CAMA Major Permit 87-05 With Boat Ramp Modification
The file for this project is quite large so if there are any additional permit copies you
require please do not hesitate to contact me and I will forward at your request. If you have
any questions please do not hesitate to contact me at [phone] or 617-1497.
Sincerely,
i
j
n F. Cornetts, R.S.
Project Geologist
Enclosures
cc: Gordon Frieze, w/enclosures
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Hampstead, NG 2843
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Office Use Only: Form Version May 2002
USAGE Action ID No. DWQ No. O Cj - D g 1 3 ~ 3
fit any pamcutar item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing ~~
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ~ Isolated Wetland Permit from DWQ
'® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ^
If 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 Management Area of
Environmental Concern (see the top of page 2 for furth r a ,
II. Applicant Information ~ MAY 1 4 2007
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Owner/Applicant Information " a ' ' ~~ --
Name: Blue Marlin, LLC, Gordon Frieze
Mailing Address: P.O. Box 1328, Wrightsville Beach, NC 28480
Telephone Number: [phone] Fax Number:
E-mail Address:
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: Ellen F. Cornette
Company Affiliation: Applied Resource Management, P.C.
Mailing Address: P.O. Box 882, Hampstead, NC 28443
Telephone Number: [phone] Fax Number:~910)270-2988
E-mail Address: ellen arm(a~bellsouth.net
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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: Mimosa Bay.
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 427804730484
4. Location
County: Onslow Nearest Town: Sneads Ferry
Subdivision name (include phase/lot number): Mimosa Bay
Directions to site (include road numbers, landmarks, etc.): Highway 17N from Wilmington,
right on Old Folkstone Road. Got the stop light at Hi~hway 210 and Old Folkstone Road
cross over Hwy. 210, and right into Mimosa Bav (Refer to Figures 1 and 2)
5. Site coordinates, if available (UTM or Lat/Long): UTM 18 277940E 38 22490N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.) (Refer to Figure 3A and 3B)
6. Property size (acres): 365 acres plus/minus
7. Nearest body of water (stream/river/sound/ocean lake): Alligator Bav, Mill Creek, and
Granger Branch
8. River Basin: Cape Fear River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at =//~_ue-~_a~/~nnn~/fir /.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The property is developed as a residential subdivision.
Several single-family residences have been constructed and several are under construction.
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10. Describe the overall project in detail, including the type of equipment to be used: The
approximately 365 acres are being development as asingle-family residential community
The developers offer a boat ramp, clubhouse with swimming pool and tennis courts,
conservation and bird watching areas and trails, and a boat and RV storage area (unpaved
Equipment utilized in the development of the community consist of the following for: road
preparation equipment (motor graders, excavators, rubber tired bulldozer and loader, vibrator
and static rollers, pavers, and hauling vehicles), house site development (bush hogs,
backhoes, bulldozers, graders, and hauling vehicles), and for dock, pier development,
(graders, excavators, pilinP installation equipment, piling installing barge, and hauling
vehicles), and for pool and clubhouse development (graders, excavators, bull dozers, and
hauling vehicles).
11. Explain the purpose of the proposed work: The proposed filling would occur in Isolated
Wetland 2, that was originally excavated by Mr. Kern Everett and his father to be a duck
pond for hunting. They never completed the construction of the pond (Refer to attached
letter). The area of Isolated Wetland 2 consists of 0.24 acres and is proposed to be filled.
Blue Marlin, LLC would like to fill this area to create a built upon area and to reduce the
mosquito population due to the fact that this area ponds water. Isolated Wetland 1 was
permitted and filled on lot 54 in the on ig nal phase of the development and consisted of 0.12
acres. The cumulative impact of isolated wetlands will be 0.36 acres.
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.
A copy of the USACOE Jurisdictional Determination Action Id: 200500315 should be on file
with the original CAMA Major and 401 permitting of this site. A copy will be provided upon
request. The original CAMA Major Permit No. 87-OS was issued on June 10, 2005 with a total
404 impact of 0.40 acres and impacts of 0.12 acres of isolated wetlands. The CAMA Major was
modified on March 6, 2006 for the upgrade and modification of the original boat ramp on the
property. Following the completion ,of the boat ramp modification, an additional 115 acres of
property were purchased to the north of the on ig nal permitted area and permitted as Phase 5.
The additional impacts in Phase 5 consisted of two roadway impacts and a bridled roadway
crossing with reduced impacts to connect Phase 5 with the original permitted phases of the
subdivision. Phase 5 was permitted through the USACE and not through the CAMA office due
to the distance from the CAMA AECs. The cumulative impacts on the site are proposed at
0.4859 of 404 wetlands and 0.12 isolated wetlands. Refer to the attached permits.
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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.
There are no additional future impacts known at this time.
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. Provide a written description of the proposed impacts: The area will be backfilled with soil
excavated from aesthetic ponds constructed on the project site. See Figure 3 for impact area.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Fill Area 1 Fill 0.24 No 1,350 ft. Isolated

Llst each nnpact separately antl ~tlenhYy 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 F_mergency Management Agency's (FEMA) Flood Insurance Rate Maps
(hIRM). or PEMA-approved local floodplain maps. Maps are available through the P6MA Map Service Center at 1-800-358-9616. or
online at _ __
*** L.ist a ~~~etland type that best describes «~etland to be impacted (e.g.. fi-esh~n~ater/saltwater marsh, forested Welland, beaver pond,
Carolina [3ay. bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAC1 only).
List the total acreage (estimated) of all existing wetlands on the property: 40.71 of 404
Wetlands and 65.33 Coastal Wetlands
Total area of wetland impact proposed: 0.24 Isolated (cumulative total of 0.36 Isolated
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Im act (lease specif )
NA NA NA NA NA NA
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* 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
w~ti~r°.usgs.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.toaozone.com,
~~zvu•.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
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.
Page 5 of 8

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/ncwetlandslstrmgide,html.
1. 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.
Additional mitigation is not proposed at this time over and above the 3.1 Conservation area
dedication in the original CAMA Major Permitting and the preservation of the wetlands
designated in the Restrictive Covenants in the Phase V modification.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's 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 NCWRP website at h~/,%h2~.eu~.s~~re..~~an~/~/i~e~..h~. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8

IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 aNEPA/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 (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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), 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* Impact
(s uare feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Gone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8

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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.
XI. Stormwater (required by DWQ)
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.
Each lot will not exceed the NCDENR requirements for stormwater controls and a cop__y of the
stormwater plan will be forwarded to you at our request.
XII. 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.
The dwellin designated to. potentially be built on this site will utilize the wastewater treatment
plant that is to be built and to service lots within this subdivision.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
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).
a
5
Applicant/Agent's Signature ~ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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Adapted from North Carolina Atlas & Gazetteer, Forth Edition, 2000, pg. 85.
TITLE: FIGURE:
Site Location Map
pplied ReSOUrce Management PC
r~, rio~ AR1 ii~~,~<.r,:~~. rvc ~enn~ JOB: SCALE: DATE: DRAWN BY:
0436 1" = 2.4 miles 4/10/07 EFC

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Note: Adapted from Sneads Ferry, NC Topographic Quadrangle (1952).
Property boundaries approximate.
TITLE: Site VIC1111~/ Map Orl USGS FIGURE;
pplied ReSOUrce Management I'C Topographic Map
eo aox eat, HompsrEad, rvc 2a4as SCALE: DATE; DRAWN BY: 2
(910 270-2919 FAX 27L1-2988 ~OB;
0436 1' = 2,000' 4/7/07 EFC

USGS Sneads Ferry Quad
ISOLATED WETLAND 2 COORDINATES r~~'
UTM 18 278340E 3822193N (NAD83/WGS84)
Adapted from maps and data obtained from www.Topozone,com website on 5/4/07. (a=- ~. , X72
TITLE: ISOlated Wetland Areas FIGURE:
With GPS Coordinates
pplied ~eeource Management I'C
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r9,°'2'°-29,9FAX 2'°298 'i 0436 1:25,000 5/10/07 EFC
ISOLATED WETLAND 1 COORDINATES
UTM 18 278122E 3822135N (NAD83/V1/GS84)

LEGEND
Wa - Wando Series
Bab - Baymeade Series
To - Torhunta Series
FoA - Foreston Series
Mu - Murville Series
Ln -Leon Series
Bo - Bohicket Series
Ln -Leon Series
Pa - Pactolus Series
Note: Adapted from the Soil Survey of Onslow County, (1982/84). Property boundaries approximate.
TITLE; Soil Conservation Services
pplied ~e5ource Management pC Slte SOIiS Map
PO. Box 882, Hampstead, NC 28443
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2005-764-067 County: Onslow USGS Quad: Sneads Ferrv
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Blue Marlin, LLC Agent: Applied Resource Management P C
Address: attn: Gordon Frieze attn: Ellen F. Cornette
P.O. Box 1328 P.O. Box 882
Wrightsville Beach NC 28480 Hampstead, NC 28443
Telephone No.: 910-262-5450 910-270-2919
Size and location of properly (water body, road name/number, town, etc.): The 115 acre Phase V of Mimosa Bay
Subdivision is located off Old Folkstone Road 'ust southeast of Mill Creek ad'acent to Alli ator Ba .
Description of projects area and activity: This verification covers the installation of three 'urisdicfional crossin s
imnorf;n.r n nun ........., ..l _._~._w-- --_a.__ ._. _ . .. ..~..,. _ _ -
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application signed and dated 8/31/2006 and "wetlands disturbance overall site plan" figure 6,
wetlands disturbance area 1 (dated 11/21/2006), wetlands disturbance area 2 (dated 11/21/2006), and wetlands disturbance
area 3 (dated 3/1/2007). Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified; reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity.before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date- identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under an NWP.
Activ~ies subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver at 910-251-4611. '
Corps Regulatory Official ~~ C ~,,~ ? Date: ~• S• 7~~ ~-
Expiration Date of Verification: 3/18/2007
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace army mil/WETLANDS/index html to
complete the survey online.
Copy Furnished:
NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405

Mimosa Bay Phase V
Onslow County
AID# 2005-764-067
Special Conditions:
1) The permittee shall execute and cause to be recorded in the Onslow County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers (draft received March 1, 2007) for the purpose of
maintaining the conservation areas, as shown on the reviewed plat (entitled Mimosa Bay Phase 5, Mitigated
conservation area map dated 2/21/2007) in their natural state in perpetuity, prior to the sale or conveyance
of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive
covenants and, prior to conveyance of the property; shall take no action on the property described in the
covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded
restrictive covenants to the Corps of Engineers within 15 days of recording.
2) In order to compensate for impacts to 0.1539 acres of non-riparian wetlands and 0.0362 acres of riparian
wetlands, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC
EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.1539 acres of
non-riparian wetlands and 0.0362 of riparian wetlands in the White Oak River Basin, Cataloging Unit
03030001.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP
has provided written confirmation td the Corps that it agrees to accept responsibility for the mitigation
work required, in compliance with the MOU between the North Carolina Department of Environment and
.Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November
4,1998.
Corp Regulatory Official _ l Date 3 -.S : 2 vo }

Action ID Number:2005-764-067 County:Onslow
Permittee: Blue Marlin LLC
Date Permit Issued:
Project Manager: Shaver
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
P.O. BOX 1890
WILMINGTON, NC 28402-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

e
NATIONWIDE PERNIIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
material into non-tidal waters of the' United States, excluding non-tidal wetlands adjacent to tidal
waters, for the construction or expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this nationwide permit.
Residential developments include multiple and single unit developments. Examples of
commercial developments include retail stores, industrial facilities, restaurants, business parks,
and shopping centers. Examples of institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
places of worship. The activities listed above are authorized, provided the activities meet all of
the following criteria:
A. The discharge does not cause the loss of greater than \1/2\ acre of non-tidal waters of the
United States, excluding non-tidal wetlands adjacent to tidal waters;
B. The discharge does not cause the loss of greater than 3001inear feet of a stream bed, unless
for intermittent stream beds this criterion is waived in writing pursuant to a determination by the
District Engineer, as specified below, that the pro,~ect complies with all terms and conditions of
this nationwide permit and that any adverse impacts of the project on the aquatic environment
are minimal, both individually and cumulatively;
C. The permittee must notify the District Engineer in accordance with General Condition 13,
if any of the following criteria are met:
1. The discharge causes the loss of greater than \1/10\ acre of non-tidal waters of the United
States, excluding non-tidal wetlands adjacent to tidal waters; or
2. The discharge causes the loss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below), or
3. The discharge causes the loss of greater than 3001inear feet of intermittent stream bed.
In such case, to be authorized the District Engineer must determine that the activity
complies with the other terms and conditions of the nationwide permit, determine adverse

environmental effects are minimal both individually and cumulatively, and waive the
limitation on stream impacts in writing before the permittee may proceed:
D. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of affected special aquatic sites;
E. The discharge is part of a single and complete project;
F. The permittee must avoid and minimize discharges into waters of the United States at the
project site to the maximum extent practicable. The notification, when required, must include a
written statement explaining how avoidance and minimization of losses of waters of the United
States were achieved on the project site. Compensatory mitigation will normally be required to
offset the losses of waters of the United States. (See General Condition 19.) The notification
must also include a compensatory mitigation proposal for offsetting unavoidable losses of waters
of the United States. If an applicant -asserts that the adverse effects of the project are minimal
without mitigation, then the applicant may submit justification explaining why compensatory
mitigation should not be required for the District Engineer's consideration;
G. When this nationwide permit is used in conjunction with any other nationwide permit, any
combined total permanent loss of waters of the United States exceeding \1/10\ acre requires that
the permittee notify the District Engineer in accordance with General Condition 13;
H. Any work authorized by this nationwide permit must not cause more than minimal
degradation of water quality or more than minimal changes to the flow characteristics of any
stream (see General Conditions 9 and 21 j;
I. For discharges causing the loss of \1/101 acre or less of waters of the United States, the
permittee must submit a report, within 30 days of completion of the work, to the District
Engineer that contains the following information: (1) The name, address, and telephone number
of the permittee; (2) The location of the work; (3) `A description of the work; (4) The type and
acreage of the loss of waters of the United States (e.g., \1/2\ acre of emergent wetlands); and (5)
The type and acreage of any compensatory mitigation used to offset the loss of waters of the
United States (e.g., \1/2\ acre of emergent wetlands created on-site);
J. If there are any open waters or streams within the project area, the permittee will establish
and maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to
those open waters or streams consistent with General Condition 19. Deed restrictions,
conservation easements, protective covenants, or other means of`~land conservation and
preservation are required to protect and maintain the vegetated buffers established on the project
site.
2

Only residential, commercial, and institutional activities with structures on the foundation(s)
or building pad(s), as well as the attendant features, are authorized by this nationwide permit.
The compensatory mitigation proposal required in paragraph (f) of this nationwide permit may
be either conceptual or detailed. The. wetland or upland vegetated buffer required in paragraph (j)
of this nationwide permit will determined on a case-by-case basis by the District Engineer for
addressing water quality concerns. The required wetland or upland vegetated buffer is part of the
overall compensatory mitigation requirement for this nationwide permit. If the project site was
previously used for agricultural purposes and the farm owner/operator used Nationwide Permit
40 to authorize activities in waters of the United States to increase production or construct farm
buildings, Nationwide Permit 39 cannot be used by the developer to authorize additional
activities in waters of the United States on the project site in excess of the acreage limit for
Nationwide Permit 39 (i.e., the combined acreage loss authorized under Nationwide Permits 39
and 40 cannot exceed \1/2\ acre).
Subdivisions: For residential subdivisions, the aggregate total loss of waters of Unites States
authorized by Nationwide Permit 39 can not exceed\1/2\ acre. This includes any loss of waters
associated with development of individual subdivision lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is not present should be determined by the presence or
absence of an ordinary high water mark or bed and bank. Areas that are waters of the United
States based on this criterion would require aPre-Construction Notification (PCN) although
water is infrequently present in the stream channel (except for ephemeral waters, which do not
require PCNs under paragraph (c)(s), above; however, activities that result in tie loss of greater
than\1/10\ acre of ephemeral waters would require PCNs under paragraph (c)(1), above) are
determined by the presence or absence of an ordinary high water mark or bed and bank. Areas
that are waters of the United States based on this criteria would require a PCN even though water
is infrequently present in the stream channel (except for ephemeral waters).
3

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NATIONWIDE PERNIIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a'study river" for
possible inclusion in the system, while the river is in an official study status; unless the
appropriate Federal agency, with direct management responsibility for such river, has
determined in writing that the proposed activity will not adversely affect the Wild and Scenic
River designation, or study status. Information on Wild and Scenic Rivers may be obtained from
the appropriate Federal land management agency in the area (e.g;, National Park Service, U.S.
Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality.
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
4

obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or triba1401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures onto require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized,under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g.,
an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfms.noaa.gov/prot
5

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res/overview/es.html respectively.
12. Historic Properties. No activity that 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 part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed ~in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include
a vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
1. Until notified in writing by the District Engineer'that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Contents of Notification: The notification must be in writing and include the
following information:
1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
6

3. Brief description of the proposed project; the proj.ect's purpose; direct and
indirect adverse environmental effects the project would cause; any other NWP(s), Regional
General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation, of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13 (f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the permittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
7

iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as atenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the
prospective permittee must either notify the District Engineer with a PCN prior to each
maintenance activity or submit afive-year (or less) maintenance plan. In addition, the PCN must
include all of the following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 3001inear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
8

the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria
of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that maybe affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation
plan. The District Engineer must review the plan within 45 days of receiving a complete PCN

and determine whether the conceptual or specific proposed mitigation would ensure no more
than minimal adverse effects on the aquatic environment. If the net adverse effects of the project
on the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
I. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
3. that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters
of the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will
indicate in the administrative record associated with each notification that the resource agencies'
concerns were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act, the District Engineer will provide a response to
10

NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
£ Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the pennittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
11

19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example,11/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
Examples of mitigation that may be appropriate and practicable include, but are not limited to:
reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions
and values by creating, restoring, enhancing, or preserving similar functions and values,
preferably in the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g:, easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer .will be 25 to 50 feet
wide on each side of the stream, but the District Engineers may require slightly wider vegetated
buffers to address documented water quality or habitat loss concerns. Where both wetlands and
open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. Zn cases where vegetated buffers are determined to be the
12

most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the "notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning
area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced
to the minimal amount necessary, and the activity must, to the maximum extent practicable,
reduce adverse effects such as flooding or erosion downstream and upstream of the project site,
unless the activity is part of a larger system designed to manage water flows. In most cases, it
will not be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. ~4ctivities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
13

waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must.be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
14

modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best Management Practices (BMPs~: BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
Compensatory Mitigation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement.• Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
15

r ~ ,
Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Fringe: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodway: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dry periods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss ofwaters of the US.• Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
change the use of a waterbody. The .acreage of loss ofwaters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for
a NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss ofwaters of the US. Impacts to ephemeral waters
are only not included in the acreage: or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has
standing or flowing water for sufficient duration to establish an ordinary high water mark.
16

Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse,
or absent. Vegetated shallows are considered to be open waters. The term "open water" includes
rivers, streams, lakes, and ponds. For the purposes of the NWPs, this term does not include
ephemeral waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow.. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have .ceased to exist, or exist in a substantially degraded state.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Single and Complete Proms: The term "single and complete project" is defined at 33 CFR
330.2(1) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Mana ement: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
17

Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, Stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated. buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
is

FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WII~MINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters
are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated
waters, applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland
Primary Nursery Areas" (IPNA) (as`defined by the North Carolina Wildlife Resources
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina
Coastal Area Management Act (CAMA), must also obtain the required CAMA permit.
Construction activities may not commence until a copy of the approved LAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000,
Washington, NC 27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants .must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
19

4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the
applicant shall furnish a written statement of compliance with all of the conditions listed of the
applicable NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Boas Piedmont Boas
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations 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, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging
in or removing sediment from an area closed to shell fishing where the effluent may be released
to an area open for shell fishing or swimming in order to avoid contamination of the disposal
area and allow a temporary shellfish closure to be made. Any disposal of sand to the beach
should occur between November 1 and Apri130 when recreational usage is low. Only clean
sand should be used and no dredged sand from closed shell fishing areas. If beach disposal was
to occur at times other than stated above or if sand from a closed shell fishing area is to be used,
20

a swim advisory shall be posted and a press release shall be made. NCDENR Shellfish
Sanitation Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.)
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
P.nadway
Approach Fill I Ba~;~
Culvert buried
below streambed
to appropriate
Stream depth
Bottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition maybe
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
21

environment.
3. Additional Regional Conditions Applicable to this Nationwide Permit
a. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
b. Single-family recreational facilities are not authorized under NWP 39.
Recreational facilities, if they are incorporated into and serving an entire residential, commercial,
or institutional development, can be: authorized by this NWP.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at (919) 733- 1786 or access the following website:
httn://h2o.enr.state nc us/ncwetlands/cents html
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Permits -Federal Register Notice 15 Jan 2002
2002 Nationwide Fermits Corrections -Federal Register Notice 13 Feb 2002
2002 Regional Conditions -Authorized 17 May 2002
22

. MAR-02-2006 THU 11; 50 AM NC D 1 V OF COASTAL C~i~MI~T FAX N0. 4
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~,prilll t,s+~, I,cirnlP.), ttl(;.II'+1,iir^;11)1(° rc•j~,uLtli~lfl,'i, alu~(~i;.al r.;cll7tliti<lrls ~'tt7r1 nat(a ~~et 1`orlh Uc;iow. Any vic7lrltioft of Ihcs:: t.(at•l7ls I77ay
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l,l Ilt'tlr;s~; 1t1tc:Y~'cl lt~.~rciu, Iltis; li:~rr,tit iltU.l'u:,l:i~,c::~; (znly th(' S Cl- x 1 ~4 1`L. extension of tllc fi~;hd pier, tl-[(: G ft. x
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sla,tlf Iu~.•ull1~:; is p7,;['l,'l~inrl7t pa:ltt c7f tlti•- cl('Yr:kin~; t'acility wirl-atlt I)erYa~til. rru)clificati.o[7. Na non-wY71c~r
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(~;~c~.e tatt~orltc:al *,~~~'.x?I~ f'u~• r~rie9i>-irrr:al (.r>o'<clrtio~-s)
' r I+ tlr;titl,r rrt.ly l'~i; nl+l,c:,ll~'tt l.+y llio tlr"rlYliU.c^- (,r
Olilt; I' lllliKilf~lr'(i i+~~r:i:jlh V:yilSir! t4'i'i'YIfS/ (:?(1) (tay;i Ot~ nc~'. I'a~allht++,
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,1,~r; tr~ninr5•,u:1(1~•(, tc•(~Il; c~r j~r(1jc:;1. nulliifi(:afiolr rll>f rovc•r~d
tt4'r~w,,6t~~l;, r t,;(i~lir~~~ ftlrllt,:r X )ivi:,i~u) ~tj.,()rt74~1(.
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Si«ur~(I I,;y IPu~ auth(?rity of tht: S(:cr"c:rnry of t)C'sNR and the
C'hai,'rl?ltt7 ot'tltc Coastal ltcsol(rt,c,s Culumis~ir~n.
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` ~ MAR-02-006 THU 11 ~ 51 AM h]C D I ~ OF COASTAL MGMNT FAX 1`10. ~
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,,~~; iu~ ri~.ttrc~.,.l 1'rc~ln c~itltnr Iklc: i:c)rtrr+] ]lif;ll wa((:rlittC; Ur tl1,a rvrllcrwtu'c1 ~d~~c: c)f t}lc lualslt (wlii(~It c.vcl
€ (" +,ts:u~l~~', Il,l:•, k?tr.rl~,t.t~::•,l wcltt:arr~~lc~ly cn1 hc]ilt r;irlr.ti of t11u cLannr,! ilmrl~~•diatcly its j'r(>nt. i)I tllc• pl'o-j(~ca silt>.
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,~i) ~l t'1 t•IG:;tli'I: G(:11111)112+C1,;(; tiVll~l t ~(>Ill11,11(lll NU. 1., ~lll ;1S•l)lilil ,ti'11lVl;y ;;hall l)c: j?C;Tk(11'i~TICQ Ull (lll:1)i('1' CKtt.'.1151011,
1tfl:~ i„til)~#;~'; l)l ~i't~' Slrl l;i',y ~)?C~VIr1Cf.1. lci tlll~, C)(4'i`;kU11 qi• (,'{fr;];;t(11 M<"~Il~f;i~111Lt'rl, Wlll7t11 fit) dtl~~ Or COlill)~CitUl)
oi' c~7lu;iltl( tirll) c.f 1(~i:; 1)rri tic)rl o('tl1c~ ljrc,j,~+~i,
,~ ~a) ~'Lll ~u)ll;c,lrl~;.t,lf tilt: ,'. fl.- ?ti`iill', l'~i,~r cxl('ntiic)n and nc<(-sti ra~all<rn~ctys !t)(:r1t4d over coastal weelau(1s shat) hc.
(:lc'r'lll;~+i It 111iztiCltllril c)(' "3ti i11('ll(s allov~; the ln;,t'sh stlh,;irrlto ply lncnsl.lr(:(1 ic) tLc bottom (af (I-1(r (lcckittr,.
.:i) >~11 1'~Clatit;}It,S i)I• tlil: ~~Jltllcrti'rty liacrlt(~c1 c)vl~r ltiflit l;l`ovlad shall not exc:cecl 11 wicltlt of G ft, clncl shall ~)c
~,l,~llc'cl, r;~~)ad+:,I! ,.r,cl (~lcv;+tcti.
tA,1 !~<) ,;ti:vJ;~s;c:, r~'llc.l?IC.r' tt'c`,II,;(1 ()r ttrltz•l'siti,:cl, ,5hr111 Lrc clisc:hrtrt;(~cl ai arly ti17)e fr<nlz lrly t)nrlts lltiin~; the
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l.,c,,rutit ftr.r" ra;lli!°il tilt' 11r,:1'f111Iti',t: 1F; rh~,hs:)rlsihl~:. '1'l'lls ~l'Ultll)lt.lOTl Sl)flll l]c al~lahE'(.l alul crtfc)rocd thcouc~;lli)ltt
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r'~:19~'r.ti r1t, <)r ;;cl.l`tc'~,'nt I~~ t(1~~ .alctlzc)rit+:,l rv(ll~Ic.
'i11;~ il~;rnlitk~:r,: ~tiil~)11 lttairltnizx 1110 Inlilrc)1•ii:C(1 vr()z'k iu ~*o(ld COIt(lltt(i11 rind in conforln.,t-tc:c: wit11 tlu~ tt rl~l,
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,',c•r,l"tittc'',~l ~;c1ir~'ily ~r~j111;1nt ]lavilt;_; ii ttllzt,tif(;1:'t-rcl tl°) atltirtl paely.
'k llis lx:,t]tlit d(1~•<, zl,c.rt slllthc)1'i,rr. Clz~. inu~tfcrc~lt(:c with atzy cxistin~; +7t' l)ro~osccl l~cdcral prclject, anti tilt
1+('r'ttlilCc~,c:: x,11;111 llc'~t l:+c: c°,ntil.lc(l to cc~lmi~c:rtsltfic)t'11.'UI' Clnllta~ C t,U l,h(: r3lllltUl'IZ,C(l 5t1l1CIUTC: Ur wot-k, clt' injt.try
~~Jilic,lt 1+~.1y 1)o s~r111;;t;,~C lrc)tn c:x.i,titizlG~, or 1i11ur(: ol)crtltiol)S tuldc,,t:lrlkell 1)y the Uliital St,11essrt tilt 1)ul)li(,
'111(r I)+;°i 111i91c•c; ~:l~;~ll ilr~,tal1 ri11c1 rn.lirrl,lilt 11t iris cx,llcrasc ally si~,ltsll :li~,hts ()r sil;nals pr~,scl•il)ed 1')y tilt tl.~,.
~~i,~i,l:~'{. (w11r.,1"cl, (li1'c,li4',l1 I'f'.~',lllfttli)CI l';Ii' U9}tti-~14'I~C, ()tl tllu tllithnll'lf:(~ 'fr1C11111CS. At ti lllllllltlt.llll, j)L`IfJtlalil'.111,
l~.i'i,,~c:I,i,NI'< ~:Izs111 I.~~.: cl(lr,t~hc,d t(: lltc ~Itlllc'tcla'l~ in t)rdcl' to rlitll~t; it lrlpr'ts vi~,it>lc clurin~ 11cn.u:5 of (larlLncss (:)r
611+,' ~ ~' 111 t ,t ti. lyl.::; 9 !'u' 1'.
'l lli,~ 1?<a1'.tult (i(,(:~:s nr.+t r,lnlitari~t:1 t17;: I)l,tc~~,tr~r(~nt ()f tit; l)ile..s in rls~ocirition with thl; clo<;l~i1i~ facility,
I'f1~;; 111)plrc)v~;,i lly il, ~ '1ti ft. c1(it.~c~.rv~tti()rt cl~~c.l(: shttlf lac: urlroc)fcd, altcl shall b~. slrtuccl, wclo(lcn r11u1

' MAR-02-2006 THU 11 ~ 51 AM ~iC D I V OF COASTAL. MGMFiT FAX ~!O, 4
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1.4) 1 I,,c; hc)rrt I~rirrll) ~;iurli c`.ilh,°111,':lauur(;(1 (It ;1n ul)Ir,.NUi locrllion and pt.lsl,ct3 inl(r hlacx; olac'c llsu:dcllc~l, pr
1)tlirl'i"(I ::`N,1N1'~',ly ti"d 111111'1 i1 vJillCit'11?,llt C(rl.lti711'lll'IC:Itt til,'t.tCtl.l'rC:. I,iYL CplrCl'CiC; ~l,;lil 170111(: r111.C)WCf.I tQ Clnllt(tGt
~'Vill(aM1~ (al tile' ;~il,'lIC ('l l' Gv;ltl'I',a tl'Irlt 5ililli lalt(`.l' Wi,dCP5 Oi 1110 ~~tittc".
1'1) !?;~rr'',vilNic~Nl ~irul l-,t°(a,iN~ci cii5tl,llrii,~; ,a~.:livitic:s s11-,ovc~ (lilcl 1)r.,low tllc. r)orlnill lligll watcl• lint: shall be linxilc~cl.
Nc) @11:1I ;tl:,~,c)Illtc°7,y~ 1'IC•ri:,5,5:11y to ax:tt~l)1iti11 ,ult;cll,:ll(, l~(ill;lja tilol:a(: iira1l L)I:ovide cl 1•nt111) 11(> F,rcalct' in tiirE„ than
~•;~~,:'~°'~(i~`(1 iu I!•+~:1,~,',1'a-~rrl ;rpapalic<idiatt .)Jt~1 tlti.: tti~c;a,l: 1)lrttl (lrawinl;,~;. 'far,avrati(>tz cl7alt clot cxccccl Ll,c. d(;1'a-I-N cif
°~tlrr('rlliltlllty W,a1tl'f~`,.
~yltctia•c~lio)(~. ~ifltlyilir111.ierr~
1;:~) '~l'I~,,.~ (:Y('I i7ilil4',(1 lsll ll';,laC',isl slr~ill lac. lOCirt'i:.c1 Irl„cl~~~;ircl caj',<7r7y ('uir~;t(,l or ~1~0~1 wetlrtncl:; m)cl tllu ,llil±r„rtc,nt til'7n11
loc+ ::9;,lct~.r! l,y N'll~,, J)~'1 naillr(a c_,r' Ills llcr,a,ittc_c:';~ s,~tt.lun'iv.ccl ;il>,crai, I~tul ,,pLaAOVCCI 1~y tl rcl~r•c;sc:ntativG of tla(:
I.)i'Jl~li,ill (ai (.,~l,;i`~~te,i 1'~rl;l,a}ri7,e"Jtl~'17t ~`Vitlllrl ~'L 111UX11'illl,)1 ()L '~Q (11:1yti ],)1'7()1' l() (~'x('. si~l"l: O~ illly COJlStI'ltCt1011 t()
c:,a~>rl,r:; tl,i: lc;c~tlic.~ra i~~, Nnnriavarcl ()i' <711 (~f9r),,1i1I Icrx(i ~I()^9~ wetlands. T~aill.rrC tea ir7itiatc: c:nllsLr~lactioll within 3U
(I~a~r:;, (tl c:l'(+;>ic'.r, (>t' tl,:.: ;;I1()r(~li„c: l)y ~tclv(`c~e rva:atl7cr calullti.o,xs shall rcqulrc tl,c~. ;tlip,rllm~lxt tee twit rc:-
,~~t;1'~;(,a! la~~ t,1,(; lli',r„7itt.c',c~. or tll(: la(.°~1-1,lilJcTr's atlll-orizcci 1ryc;llt llllc.) rc-aplarorred by r)C;M tivitlairl tl Inctxllxu.ull
,1L :3t~ el:ly I'Jric.r' t() tllr~ ,1(:w c^x1)~.c:l'c~cl r~:1:,N'I ~rf c(llrsll-tx~tiun.
JP1) 'i'l,~s Li11.1six~.itc'1 r.Tuiil 19c, c~c),ts;trttclt:.cl llti()r tr,) ttlry Crlclcfil11111; .tc;tivitic,5.
1"/) 't'1~~~ I~(ril:lle~~tc.l ~~lr,,lli ~,c ^:trl.u'(,urillly Nij±,lat tici ,,s t(, 1>frvc;'nt ~lec.1)aLc. of backfiIl ulrit(:rials (l)rt)tlLl'x the
t ~) "1.'i'.,' I.rilll•-ltc^Jrd ,~irnll 1.;(~ solid :n'7cl ccan~,irt,(~tc(L of 1Jcrxtc(1 wood, conc:.rctc slabs, rr7c,tt11 sh~.ct 1)ilcs or (>tt)cr
:~~uit;il1lc; N1'tctt(•t'1:N1.~ t,l)X',rtrv(^d ily cI~~1,iar,IJ~Nlcnt.l)e~l•sc711nc1.
1 c)1 'I'1N<~ la;;c~l:,.llll xlicita: r ia1 X111;111 las: c:lc,nn ;11ia1 fcc~(: nl' any l:aolll7tanLS cxcel)t in trac:c: cl,anlal;itics.
~1()) ~'~il tra:l~i•ill r,l.rtc,r'i;ll ~;llaa(1 1)c (al)irlin('(I f'rclrtk rN h.i~yh L;('uurlcl source el,xd cnnCinc(1 bcllilld tllr. l~ct'axittccl
I,~,Il:l,ranci.
-'.l) "d'lli`; 1.}i;l,rlit <1(u:S xl{at .ta,iltc',rirc,; tlrc: use: c)f rillritl~ f<)t' arly shor,;lirtc StJlbilir,clri(71i ulal(:ss tplc 1•ipl•;lI> is trtie.~l
i,!i At p);i;;c' (~~lllkiil lllz.' 1l)i~tlyl"1,11, Ul iLa(:,tl)L'>1'(1VC(1 I-)(,,;ltiril-111).
~Tlo{gra~Y_ ll~i va-`1r,~~~,leptL
:';?.) '1'Iti~~ p,,;~.r1,1i( ;1tl~lu)ri,~i°'s c,nly Illr.. mild elislul't')ini; cr~.t.ivitics rlssor. iati~cl with the g;rlclin~ of the 12 i"t. x 21l)
ll.. ~t+;,:,,~~c',~(),c~l, ."~(1 f't, x .~S !'t, 1)~tl'l,,irtn ;.crr..a an(1 !q Ct, x 2Q 1't. btNtll 1'ionsc, tltlcl tll(; rc;IrlcrVill of 1110; GxistinE~;
? 1Nl~,~t' oNr1~:1 til1(~cl Ic1t';lt(_c,1 c)n tlut 7u)t111 ;;ic1s; cif t11e ~~l)ill•(~vrcl Ixrtl.r`ctrrll), all as (.xl~l•~.ssly and spac:cific~'itly ~;~~t
F()r~lll rll tltct 1~r;-lbi,tit c':!){',liclllii)tl ,ir)c'1 ci(,L)iG'lc'cl c.)rl t,11c attrlr,ltc,rl ~vc)1"kl){~ux clriwink;5. 11rxy ~u]rlitionnl li)tlci
+ii:ilti'd11rC1~~, P,C'tlVatlc~5 C,rlrlfi.)1' ('fa,l~trirctiOrt 111t1y rcrlt.lirc it lrl(xli('iC:C1C10f! 0{~thl5 pJC11111C.
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MAR-O2-?006 THU 11_ , 51 AM NC D I ~! OF COASTAL MGMf~T FAX NO, 4
P. 05
I'~~6ata~; ;'t<`G,.:'X Cs1',, l,k,~'o 1'c>I.1iti4 ~tlt3"7-(D~
~,~a~rQ'. ~~ r)1 ~7
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!^~k~l~tl'~'I(h1~Ai, ('d)~~.N~II'.1'IC).C`+,'~~i
i' ~ik'r119~l1;11{'Eti()A1 ~ri9tp ~~~1"(isi(;tt t;r~rtlt"()~
is ',-!"',f /~l,i;rnl)lilat,' 1;+,`rli(rt~,ttt;,ti(t1l ilncl rrrl~irtll c(>s]trol duviu(a, rrl(~Etslnras i.ir titrllCtl.lrCB Shall he in]})l(;liicntcrl 1(t
-; cl~~;llrc Ilru (~s'~);'i~`(1 Iiltitrrinl~, cl,) 11cyt c~sltht• (drljllcc:l]t wc.llali(i, wtllc:rcc)urscs and proltcrty (c.;.l;. silt ferlc:c,
~' (liar("I:~;iint `;ti"J;11;'~; ()f ltt~lrllti, l,`tc:..). ~I al i11ir1i1111i1~i1, i] ,tint 1'(;IIC:I' ti1'lnll U(% 1)1:UI)CI'1~1 Ifi5tallCr{ 1111111C~(lltll(-1y
~~ 1 +.11,a~v,tE~l c.ll" tft~• l~(tlki~l^;,:rf (~:cj1 ir,u~:c(li;lic.ly 1'ullotivirl1; (x)ntltic:tl()la oCliaclc{-i11i1]~ rtc:tivitics.
.~,~1) ill a{i;;tnll,~:,i ill4%:I~ti x.1,.111 i,c l,ri)t'>i',rly ~rurlr"cl ;tcul 1)1-c,virlccl a i;ro7ls)cl cuvc:'1• ~;11f{iric-tt to resirail- erosiol~
~~~itl,i,1 :li) il,l~-:~,:'~l 1"Ero~k~c't r't)Irt'lylc;tion,
;'iL(P3'pkl~'t'~6R(`M" 1Vti.ptt.af;~~larl(~.ttl.
";i) '1 It',: ~.~ `. l.~ivis,~;,4;,11, <sf 1~V;1tcr' ~,)1lrality rit',l)s:crvccl cl,is prr)jcct cit](lcr storlnwnf,c>• rtl,ulrlL,c°rru~rlt. rult;, ol~ tlic
(~:I,s~ilrn„',lr°r,l;li J`v'l~,ts,lJt,c~.ril~:ltt C.:c)rt]ntisyic)11 rltsclcr `yt(,rrulwiltcr 1'crli]it No. ,SWROS()325 c~u fi/13/05. luny
triul.llic)11 0l~ tltr' 1)c;1'111it c11)l~+'ovr'al l,y t11~~' N~~~Vt):, inc;lnilin~ failul-e. to prc~vielc DWQ with acly 1'rcluir(:el
~,r{<li!inti;ll i1,!'t;1sa1~,]li(~ir], s1l;tll 1•=e.: C~trn,~i(ir.rc'-c1 st violniiclit c):C l}1i5 [_;A1V1A 11e1.111it.
(~e¢'a(~.ral
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;~~11 '1't~l::; r,~tltlt()airc~.(I l~t,,ijc:c:t i~s 1+,tc;til~() wnllart .l 1)rlll]:ll"y illiC~;f'Cy ;tr4<1 (1'1`dA). 'I'hcrcfarc, in rtccor(Ian~:c with
"1'l.`i~4~()711.t1'('l;; (){' iltc ritlr;;; c,l• t.ll,l Coastal I~'csaut'(~~ (;acnr]1i,ssion, 1'10 new clrcclt;irll; or cxcavattit~tl
vditltia~ file^. 1''1?{A `,11;111. b(:: l,;st'luitlc~d c~xca'•f~t for tl)nt w11ic"1-1 i5 tu:cr;ti.S,~u•y 1-or the eo1)sttvetion of II]~. l~otil.
? rJ,rr~lt, Mas:crl~!it7,, ul' c1a-r}-' 1r7,:t1ux;1', ine°lt.trli~7,s.!; `'l~:ic~'I;in~" r+vitl~l l~aat I~rol)cllcrs is not ttnillnrize:<1. 'I"his
l~l'l)i111ritlctl] sllrl'I{ 1`,~;~. a,Clltlic^cl ctucl (;IiCc>It-•(~(1 111rc11tf;lirn.it the ~~iltirc cxi.stcllcc of tlu; 1)C1"lillt.t('.(1 SII~I.lCtl11'L'."
?'1) 't11~' tc;k„lac)r:,r;~ l~I;,r:,acltMl]I c)~ clcyn4-,lcr hcuullirt~, i)f cxc~tvalcrl 01• fill rnal.c;rials wi11-in waters or vc~c:t1]tcd
~wc;ll:ulrl.; ;,ro cac','t ;1ut11(')1:i9i~(1.
%:;j lt' tlsr, ec•r.1s:;tai,7 t)I' 4^,°c;tl;llicl.fi with 1-;cc,1r1111tJ,((I. (:(8],511"l1C=tlon <:c111ipltt+rnt i,S 1)cccssary, 1c:1ti.Iaoral'y
t:ur:,~,tr~s(:tin(] in'=1.a ~11•tll la(: tllili'r,(~cl fcrr tlu:; a1ra~~ t;n r)c; (~russc:(1. "C"he: tc:tr111or~lry mats s~lall l)c rcrl]ov~cl
t, i1,il„~.;(1i;,1c•,ly 1(t',,1r] c^r1r.r,ltle,l;f)i1 l)['l;()11'~,ll'llr;tl(711.
1,
;~-':1) "I"1~,: l,i`In,ilt~:i; tal;clc`r~tcc(1r9s rtnel arr~~c;s 111(•1t, i'F {'1,1t1.k1-f~ i)hctrktions by tl]c Un11c(1 5tatcs re(lt.lires the
.s !c".113C1'J:11, l~.l(1+;11111511, C)1' Otll(.',l' AItCL';itlQll Uf tllo ~1.illCtr.11'r,°• QI' '4VDl1C £1Ut110117.,1.C1 1)y tll15 I7t~.l'1111t, Cl.f 11 ]>'l (.11L
~; r,1;i11iu11 r){ lhv; "~ii`.cri t119'y c>{~ lllc ~l,rrily c,r llis 1.-t.li.l1(>c-irccl rc•1)rc:sc:ntativc, saicl s4rucltll~e ot~ w()rA shall c~1l.ltic
'~; In,1-~•;I'<p,1,:tl.rl~; c.rl;:,Irc,c~tic;r) lcl t'rG~~, it:lYlLl,iLtl(1Tl ()t' llio liavif;~al~1(: wakr•.rs, tJ]c, perll~iltec, shall be r~:quit(rcl,
II(~lrtlt (Illl; fi()I.,lo.~;.' l'l:'l~lt1 tl'I4: ~._'r7r'{1,``> CSI l-'',11L,i11,'1;'j'S, t[l I(''11'1()VE_', rL""1()Cil,l~; 01' ~kltct' tl'lc; Siil]Ctllrtil ~~SIQl"li. Ql'
t; i,l~k;{t'1!(.`li(11'i'; (,:;ll,l;,~:'(1 111C1'G"~l'fy, Vt'ltlll)til C;i(l~('ll~;i; tU il](; 1JI111C[I .~lf1tS',S U~ tll(: Sii1tC 0~ 1~101'lll ~'•1CUlll1;]. 1~0
i~ r'I;circt ~YIt;111 1y;,.~ xn;;cl;^~ ;1~;flira~,t il1(: t.11]r1.c(i ,`~trltc:s ur 111c :]t;atc r1C No1111 C,'arolillu Otl t1Cl:t~11111: Uf ~11y S1tCI1
:3 1-~.' I'# ] r:~}'v ~ I 1 C 11' i11 t °.' 1 i S I I (; ~ 1.
. :'i)~ -i'11i,, 1t1(.,(lil~ic-ifut;l ~,11n11 1)E: n9t;ic'11(:'(1 ic) t11+. i7ri~,i,ta1 iif I'crlxl.it Nc1. 87-OS, wllic:l~ was is5il("ci (>rl (i/10/U~,
(;Esri rr,lsi,•~a ri1' ull c1(x:11t~t-,(:It~,; .h1l:cll h[, ru~ulily rivailr+hle os) tiile when r)ivi5ion I)cx.1-sctllllcl illsjscct ille
~ 1.klca,j+''-ri f~)r r„(~1E1;~1i<Itrc.•c~.
; 31 J tll]ia~r~~<; nJfcl~c~c1 lt~~l~,'irl, c111 (~cr11t,1i1i1)n.;I ~111r1 Stillulaltio.rl~1 (~I' rl~tea itr,.tivc 1)e1-11tit TtSln;lirl irl IOl'L'C t.iil(.lt.'.r 1:1115
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- ~ hIAR-02-2006 THU 11 ~ 52 AM NC D I V OF COASTAL MGhINT FAX I`I0, ~
P, 06
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l~;t'F'1~~+;: '1'Itis l7:°,rttti~ tloc;ti uctt c.aituiutttc~ tlu.: rt.~.c~.l to c~lnain :guy ~~clrlitioraal st~Gtc, l.'cdcral c,r luc:,t] Ixrrttri{s,
.. ~ .. .~ - al'al'i, iav,;l~i c,tt' at.ttl'r[,ri:j„ tliCtras tlt,il rtt;r)i I[c; rc;:clttirc~tl.
:`~~t.l`,~ ~,~;s I~iiirttG•, ~1~, vc~lc~lytn~~[t1 cal ihc: lrcrtt;itlc'-c''~3 1>rerpe~[•i,y ntny rC~.cl[rirc-' :t t~[ocliCicttlicnt of I,l~iS l~i~I~lllit,.
~. t''cartl;~~,:i ,t rc.;l~,c~~;e~tl:rlivc cat" 1.Itr. 1)ivieicrrt <tl (t)i()) '7~ci-7'.y 15 l~rio~• 1c~ tirc cot~ttnc~ttc~°.rtlcttt cif: tuiy
:tr~c~l~t :x•livily I'c~r tlti~ rlc.tc.rrniti~t(.icur. 'l'I~tr, lre.r"IalIllL.c, tS ftrrl,ltc:t• aclvia~f:cl tla:rt. rta:ttty nc~n-tvrtt:c[•
glc.l'>,a~.cE~~f;{ :.u~{iF~ilic~~; 4u~ti: ncrt ,tullurrirt•cl vrilltirt 30 fcc~t. cif 11u: rr(artnnJ ~ti~;}t W,i1~~t-levcl.
I"~ri~~'l t:~',w `I'ltr: )"~(.r'. J)it~i~ic,n [~!° YYnfr,~ l')ttality has ntrtlior~izcx] tl•tc juc~~~osctl I~rujcct tltYClcr (_3cttcrnl Wntct~
r)t.t~rli~y t'c;tiil ic•nllc~tt Nca. ;i~IUU (1)~'~(x) 1'roae:c:f. No. 05208"(), tvliicla tuns issucxl oti l2./?'~,/C15.
;A;I:R'l,',m~',a ~l'l.ics l.i.;,~;. ,rarl.riy f;~carlt~, c~{: l~;na~itt~:;Mrs, lul; a~sirnc:,cl the lar•c~l.[as~,d Irroject COI:; /lctic)rt ~d, l~To.
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Pr;~7pRl rrunrL~n,4Liourtivaartniivc
~~,gy~tew2~DS ~4~2~ Frorn:
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T~iuiic~uuc i-ooc r.UUI/UU.~ r-uw
' 7a:91E~faz988 p,3~S
Permit C1asS
NLVV ~ ss Permit Program)
ST~4-TE O'~ l1Tf~?~' C~kROX,,INA
Department of ~nvixat~ment and l~Tatu~;l l~Qaaltrooe
. and
Coastal ~oeources Carmmissian
~~~
far
~[ jar 1]eve)oprnetn in an Aarea of ~nv~lronmental Concern
puc9uSnt ~ba'1~1CGS 113A• 1 ] 8
~atcavs~ot! nndfor f llieg puxstattnt to NCGS 113-~~9
Permit Ntnstbar
87.~D~
_~~,~~_~
Issued t4 Blue 7~+!<hrt n.1G>r~C a%, [~nrdott Frlc+en 4nr Mlmnw~ Ba _A!_A~ PO Hai X965, yl-riQhlm<Illo 9o~t~1t. N'~ S84Bd
Autktctxi~fng daveiopmeru in n~•~~•u--~- ~oun~y- apt adj.
Sr-aadR Rerer.NQ es xaquaeted iti the pCRl1ittoC's applio>atityn did ++~~"ns rt,n~t tfiru MP~S~ tll~+Q~d.~~kP~n-
drawl~gs~R~ 9A drd +~7/Q5, SD dtd 7 / t 71Q~ snd'pi~ 6 drd, ~1~7{~OS~ and cho Coe apD. wetlands maQ af~ngturo d~a~lO~I~QS,-
'Chia parntit, issued on ~ is subjeat~ta aarnptience vt<itl~ tJte sppliaatial(where c~iBtont
with the potmit)s alt applicable npgUletiorte, speoial oondiRione turd nab set'Pneth bellow. Any vidlstien of thaw l'errna may
ba subject to'Sres~ tm rlsrtnmant Qr civil uattan; or rna cause tha ertniete be null and vttiid.
~ A
1) Tb~s ~ern1it afuhcYl~s 'the ~iltittg of p.40 sexes o~ wetiss~ds as ir~dicatexl an the Stt'aehe~d workpien
drawings.
~) The tetnpars;y pla~m~x, o'r double handling, o~ flll ~~xi>~s vv~tihirt water ax veged wetlrends In
oat autltatizod~
3) 1`1La ill material shQ116a clegn. ar~d ~e a£ ~Y isal,luta~ sxcopt in L~cd quantitfoa.
(Bee Attschetl BhatRtn ifhr Ad~diliiaaai Candidenlt)
Tbia permit aeti4n rnn3~ he appea!!Rd by thn parntittea tar
other qualified p~orti wiEhin twenty X20) days of tho Issuln~
daft. An agpaa! taqutres rasalutian prior to work In;tiation oe
CartdnuAncc am th® calm n-uy be.
'Phis permit must be ncr~ssible an-site sa aepargnonti
pcr9octrol trop the prejeet is insptrted fbr camptisn~o,
Any mainronance work ar Frr,~Jcct modil~onclon nox cavtred
hArcunderraquiree f4iriharl3ivisinn approval.
Ai] work tlluAC cei~9r< when the perm it CX]5lrea Qa
Suited by tltd 6taltarily of the S~xrotary of DBNR said the
Chnlrmem oPthe Comm! ttQ9aureaa Commlaslon.
Charles S. Jotaos. Dira~or
~itv9sivn ctfCva~tal M;atta~t~nent
~lrxomber ~1~, Boas
In issuing this permit,the 6mts aPNorth Caroling ag~acs thae
your prgje~ tg FansiSteu with the ~Icn;h Catalina Coaatap
Manog$mant isra~vm~
Thin pettrttt and its cQnditlop~ bte horaby paaapred,
~ignatcirb of Aerrttitrao

py:l7pm From-LEA,CLYBURN&RHINE
auN-~e-2[OC~S 14=~A Frorrt:.
[phone] T-332 P.006/009 F-603
-ii .~ ~ ru ~u rrr-~ i ~~~r-.u~.~w , r~uL uy
to:916279c.968 P.4~5
~iua Marlin, Z~LC
~u~rr~or~A~ caxuxYZ~xs
W4tlan~dp P't~a~aewntio
Permit #87-ItS
Pugs a of 3
~) ta accecd~lce with the req,uireauoa#e a~'zhs ~J,S. ,army C,ocp of L~rgineere, t4tia petmittea shall preserve
snd maintain tip 3.i scree of wetlands as desaril~red In the Aprlt ~7, X005 applioatlvn. The pcrtnittee
ahaO not ped~arm any o~'the ~vliawitag aet3vitloe an the S.1 acres a~'wetlands dcaccihed above; ~9iling,
grading, excavating, earth movement of say kind, canslxuction of roads, walkways, buildings, ®igns~ or
eny otltcr structure, any aeuvity- the may alter the drainage pattorns on tii,e prnperiy~ tt~a dastruation,
mowing or ether. alteration aPvegeiation on the property; disposal or suorsgc oisany garbage. tre~h, ar
ether waste nwtcrisl, ar any other nativity which would. casul.t in the vvctlands hdirtg aclvereely;mpaotsd
or d~traycd.
~) In acoardaAae with >:ho requirements vf~rhe V. S. Army Corp of~nginoers. priarua initiation o~ the
printittee shall execute ar~d cause to be rcwrded u arnservatlan declaration prohibil~ag these activities
1iSrecl, ict Caaditian 4 Above, The permitte+e shat l provide a copy di: tFla reoarded conservation
docis~ratlans to the Division oi: Cvestal l4la~gemer<t Wilmingt+nn Oi'l~ce and the Corps a~»nginaars
Wllmi>agton)?iold Qua, within sixty (GO) days of the ezaareiaciort ofthe daclarafaaan~ Tho poranittoo
anal l tape nn occiar- incvasistent with the ierrne and pgrpogG of the canaarviat;~m declaation on the
property.
61 In aceardlaoee wittt'r~ regttinotnents ai?the TJ. S, }lrnry Cod ei+'Engineers, the mentor declaration
ralatlagto wetlands csnuat not be amendr~d gr>xtodi~ted wit~tautthe express written cnnsant o£tl~e U,S.
Army trorps of ~ngince~, Wilmington Di~iet.
~b_~ry'@inn q;lrloomo t
~} Unless speeiSeally eitea+ed horoiz~. -this permit authorizes oxtly the [and dltgtttrbing a~Ctivlties assaeiated
with rho astablighrnent vfthe i.~'imosa gay SubdirisiQn, es e~cptnssly and spoolflaally qet ~octh in the
psi! appii~iola and depicted an the ached ~-ortE plat drawing. Any addltians] land disturbing
activities andlor con9ttuctialt shall be ovalumted ran a caso-by-case basis by a mpreBentndvr of the
Division a~Caamtsl Management (DCl~ m dctecmme,any addhiflnal permit r~equit'em'ier~ta. Cantacta
repreac~at~tyvo of the Division at (~lO) 79672 ] S prior to the cammencament ai;'any suoh actlviry fibr thf s
dertermitlgtian,
S) The aadv;txoa shell be canr]mcteei ir, such amanner as to prevent asignificant lrterc~te in turbidity
Dotards the a~ ~ ronstry~ian dx aonskuct~ian relato4 disabaxga Increases in turbidity of 2~ N"CU's or
loss are net ao~ySi~leted signilicam.
~~:~~~"
, -
9) 'Tba permitbee shell obtain a Starn~water Management 1?elrrtit i~"om the)]ivisibn of 11~ate~r Qtteliljr prior
to the lnitiatian ol;' wont, OnC~ Issued, eny violation off' t1Yr permit applavad by the Q'iNQ ahe~! be
~canside>red a vialatia~n o~this CAM.A permit.
1 Q) T,n order to pmtoot water quality, rranoiifi&om oanstrtiatigil ~,a.i i ntvt viei>Yl~ inet'eesa the amoum of
sttspendod sadimenrs in adjaccni waters.

' ,' ' , ,' ~ ~y.t7pm__ From-LEA~CLYBI~RN~,RHINE
~~~
.~:
%~~t-10~?695 14:22 Fram:
.'
.~
+*,,.~
Blue 1Vlarlln, LLC
+g1p7729062 7-33Z t'.uuaiuua r-oua
nr- r '~6
HKI°I FirY11 i~J~-1 ~ t~'cWL17':{f.~j F~ ~._,c_.
Ta:9192~0~588 P.S~S
~'errnl~ #$~^OS
'Page 3 of ~
,~p~l1T'1:[>INA'4 Ct~N[3Y'L'IOl~S
~--aimer~t~61~ and Ern,~~en Cdntrai
sllt f~nac, divcrsiari
11~ Apptopriata sedbuar-tatian and ernsiart rarlrol dcvtccs, meast~s ar sttuc~lt:res (c.g,
swales ax ~~~, atc,.~ shall be lmplci~ented to ensure t~ eradod mal~arisls do nwt ent,~c adJacone
wetlands, wai~nuracs and/or prapo~ties.
~Q~~, 'i~-e pe~.iitee has tiao;alved a Sedisnentrttior< and Etroaian Central Pla» ~ "~1RI Muse day
9ubdivisian flx~rn tho NC Division of end R,esou~a (Pro~octNo. Onalo-$~Q5~~8B), Should the
germitteo ahodse td modifylamcnd the existing permit, he ac she gltau(d opnteot the popartmcnC
a~'~nvitonmam And N~.irat ReaaEtrees; ]Gartd Quality 9eatian, at 12~ G~dinal ]rive ~ctonsian,
'~Ti1mington,'NC 2B4U5.
Gem
12) No excavntl~oa ar fill shall tetl~c plnao art ary dma in ~q vegetated ~v~lands Qutsido df t'ha allgnmrnt of
the $11 plea indica~od vn the ached workplafl drawing.'
13) All exaawtad materials aball be eanflned landward afthe normal high water (NHV~ elevation CpACour
and ~ r~gulariy ar 1~®gule~tly ~looda~ ota~tad wetlands.
1A) priot to arty gr0untt disturbielg s;GtiviSy within xho pCa~ect . the permitted shall arrange Dior a.
aamptdher~give a~saolagieal srar~-ey of the entire proSect areato identifj- and ~lua#e arty
atchaecalagical sites that may 6Q aligi$le i'ar listing in tha I~attanal Regi~r ofklistvclc Places, if such
sltta will ba adversely meted by rho p~ta~ect ~tivltles, the per~-ittaa shall dovclop and imploment an
appropriate mitigation plan. A.11 a~ivities assaoiated w9tb fhb stAheaologioal lnvasktgntiorie eFtA11 lte
coardsnated with the Mice of State Archaealagy through the NctirCh Carolina 1~ape~tEme~ of CtRlrura~l
l~aaurces, located at So91W. pllounC Street, Italaigft, rTG ~7599~
15) Sn accotdanc~ with fife U,S. Army Carp a£Bnginaers, the groposetl eulve~ shall be b~wriad to a depth o£
one ~trt belowthe bai of the ateeam er wetlprtd. fha dlmeutsian. pattcen, aid pxofllE of t'ho scream
(above and below tea culr-et'#) shall oat be modified by v~idcni~tg'thc aha~l aY by reduoing the
depl'hs of thQ ~~
t 6) Xn sceordar~cd with the U'.S. A~rrny Carp of Engineers, the petmitkea s17a11 advlee tl,+e Corps in wcfting ~c
least two weelrs prior to begiftning the wol'1C aut>zurized >ay~ thls perrmit and again upon +wmpletla~ df ~
wank authorized by this permit
Nom:, This permit daas trot olimina~ the goad to obtain any e~ddltlanal stake, i~dmral of laaal permli~,
Bppra~rals ar ea~,ari~tians that rosy ba required.
~~ ;, The N.C, so act wader Qcnpral Water
Division of Wain duality has authcrixed the p-rapo~d p J
Quality Certitic~tian Na. 3g00 ~DWQ ~'xa~GCt l~To. O~i1Al3a, which was leaped on S1311Q5.
NOTE: ThQ tJ.B. Arsxty CorF-s oP i~legineers hss assigttgd the prapased pYVja~ CDE gakian 1d. ATa.
aoasaa~sA,

~oF WArFRQ Michael F. Easley, Governor
i ,' ~~;
~~'tt ff G ~ ~ - ~ William G. Ross Jr., Secretary
~ i.r~~1~~~ -{ North Carolina Department of Environment and Natural Resources
~_
~ `~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 12, 2007
DWQ Project # 050813 Ver 2
Onslow County
Blue Marlin, LLC
c/o Gordon Frieze
PO Box 1328
Wrightsville Beach, NC 28480
Subject Property: Mimosa Bay Subdivision, Phase V
~~ Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Frieze:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact and additional 0.1901 acres of wetlands and temporarily impact 0.0174 acres
of wetlands and 10 feet of stream for the installation of utilities for the purpose of constructing a
residential subdivision (Phase V) at the subject property, as described within your application dated
August 31, 2006, additional information received by the N.C. Division of Water Quality (DWQ)
Wilmington Regional office (WiRO) on November 1, 2006, March 5, 2007 and March 6, 2007. After
reviewing your application, it has been determined that the impacts are covered by General Water Quality
Certification Number 3402 (GC3402). This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs html. The Certification(s) allows you to use Nationwide
Permit 39 when issued by the US Army Corps of Engineers (USAGE). 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 stormwater
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or LAMA Permit.
This approval is 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). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwatcrquality org One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NOrthCarOllna
,~atlll'Ul~l/

1 i t
Page Two
Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # 050813 Ver 2
March 12, 2007
Amount Approved (Units) Plan Location. or Reference
Stream 10 feet Area A
404 Wetlands Permanent 0.1901 (acres)
Tem orary 0.0174 (acres) Areas 1, 2 & 3
Part of Area 3
Waters N/A (acres)
Buffers N/A (square ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Ac:t.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.

Page Three
Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # 050813 Ver 2
March 12, 2007
5. Wetland Boundary Identification
The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands
present as depicted on the jurisdictional determination map approved by the US Army Corps of
Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on
each lot until the lot is sold.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
copy of the recorded document must be sent to this office at the letterhead address and to
Cyndi Karoly at the 401 Oversight and Express Unit, 1650 Mail Service Center, Raleigh, NC
27699-1650, prior to filling the wetlands and stream approved for impacts under this
Certification.
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.
Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.nc.us/su/Forrns Docurnents.htm.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

Page Four
Blue Marlin, LLC
c/o Gordon Frieze
DWQ Project # 050813 Ver 2
March 12, 2007
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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. 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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215.
Since y,
~~
rt Alan W. Klimek, P.E.
Enclosures: GC 3402 `~~
Certificate of Completion
cc: Ellen Cornette -Applied Resource Management
Brad Shaver, USACE Wilmington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit
Stephen Rynas, DCM Morehead City
Central Files
WiRO

l / Y
~ ~ Y
WQC #3402
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES)
39 (RESIDENTIAL COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 4Y) of
the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
• Streams -Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure
(including construction impacts) spans the entire bed and both banks of the stream,
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pattern. Impacts for dam footprints and flooding will count toward the
threshold for stream impacts, but flooding upstream of the dam will not (as long as no
filling, excavation, relocation or other modification of the existing stream dimension,
pattern or profile occurs) count towards mitigation requirements. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
• Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.

~~
~ a
WQC #3402
Lakes and Ponds -Impacts to waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area. Permanent
and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of aquatic functions including but not limited to filling and
dredging shall be considered waters impacts.
Application Thresholds -Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• lmpscts to waters of equal tc or greater-than 1 /3 .of an acre require written notification
to and approval by the Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1/3 of an acre east of I-95 and 1/10 of an acre
west of I-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 28.0200. Activities listed as "exempt' from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whetherjurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 26. 0212 (WS-I), 2B .0213 (WS-II),
26 .0214 (WS-III) and 26 .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development

WQC #3402
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
°~ ~ watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
{ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when asite-specific stormwater management plan is
required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application fora 401 Water Quality Certification must include the appropriate fee. If a

WQC #3402
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
In. accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (Buffer Rules) in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those: protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur, unless otherwise specified
in the approval letter. The mitigation plan must be implemented and/or constructed before
any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the
travelling public. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina ,
April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
stable reference reach if the existing channel is unstable), to the maximum extent
practical. The new channel should be constructed in the dry and water shall not be turned
into the new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30 foot
wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note
that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work ire North Carolina ,April 2001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;
9. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;

.~
WQC #3402
10. That 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" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
" 12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;
16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands . DWO shall be sent copies of all deed restrictions
applied to these lots;
17. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44,
whichever is sooner.

~ M ~ f
~ ~ r
WQC #3402
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effec:iive date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3402

r
~ ~ r
DWQ Project No.:
Applicant:
Project Name:
Certification of Completion
Date of Issuance of Wetland Permit:
County:
Certificate of Comuletion
Upon completion of all work approved within. the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: _ Date:
If this project was designed by a Certified Professional
l~ as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date