20120054 Ver 3_401 Application_20120712

Zachary Taylor
P O Box 12006 New Bern North Carolina 28561
Office 252 633 5106
ZTaylorkSuddenlmk Net
July 3 2012
NC DWQ 401 / Wetlands Unit
1650 Mail Service Center
Raleigh NC 27699 1650
Fax 252 6
,a ot)�4 V3
,T'
ART-
Subject 1113 Chelsea Road / New Bern NC / Application for 401 Certificate
Property Owner Flamingo Development LLC
Dear DWQ staff
This letter is for the purpose of applying for a 401 Water Quality Certificate for the project
located at 1113 Chelsea Road in New Bern NC
Enclosed with this letter are the following items
1 Check in the amount of $240 to cover the cost of this application
2 Three (3) Sets of copies of the General Permit (NWP #18) issued for this project by
USACOE on June 26 2012
3 Three (3) Sets of copies of the Pre Construction Notification Form that was mailed to
the USACOE on May 16 2012
4 Three (3) Sets of copies of the Site Map that accompanied the above PCN sent to
USACOE
Please let me know if you need any further information concerning this application for a 401
Certificate for this project and I look forward to receiving the certificate soon
Sincerely
' Taylor ' `.,
for Flamingo Development, LLC
Enclosures listed above 1 4

O�Ot W AT F9QG
1 p o
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 10
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification PCN Form
A Applicant Information
Tnn 7M
1
Processing
la
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1 b
Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corpse
® Yes
❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
❑ Yes
® No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1h
below
® Yes
❑ No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Chelsea Road Condominiums
2b
County
Craven
2c
Nearest municipality / town
New Bern
2d
Subdivision name
N/A address 1113 Chelsea Road
2e
NCDOT only TIP or state
project no
NCDOT driveway permit f
`' @1
3
Owner Information
_ 5
3a
Name(s) on Recorded Deed
Flamingo Development LLC
3b
Deed Book and Page No
2967/127 We 12de
3c
Responsible Party (for LLC if
applicable)
blank (see agent s name in secction 4 b)
3d
Street address
1321 Commerce Drive
3e
City state zip
New Bern NC 28562
3f
Telephone no
252 637 5106
3g
Fax no
252 633 2836
3h
Email address
ztaylor @suddenhnk net
Page 1 of 10
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
® Agent ❑ Other specify
4b
Name
Zachary Taylor
4c
Business name
(►f applicable)
Flamingo Development LLC (owner)
4d
Street address
1321 Commerce Way
4e
City state zip
New Bern NC 28562
4f
Telephone no
252 633 5106
4g
Fax no
252 633 2836
4h
Email address
ztaylor @suddenlmk net
5
Agent/Consultant Information (if applicable)
5a
Name
N/A
5b
Business name
(if applicable)
5c
Street address
5d
City state zip
5e
Telephone no
5f
Fax no
5g
Email address
Page 2 of 10
PCN Form — Version 1 3 December 10 2008 Version

B Project Information and Prior Project History
1 Property Identification
1a Property identification no (tax PIN or parcel ID)
8 207 103 1113 Chelsea Road
Latitude 35 0528 13 N Longitude
lb Site coordinates (in decimal degrees)
77 0542 77 W
(DD DDDDDD) ( DD DDDDDD)
1c Property size
1 65 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
Wilson Creek
proposed project
2b Water Quality Classification of nearest receiving water
C SW NSW Wilson Creek
2c River basin
Neuse River
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Site containing one single family dwelling adjoining properties are condominiums on South and Hardware Store on North
3b List the total estimated acreage of all existing wetlands on the property
30 283 sq ft = 695 acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
461 +/
3d Explain the purpose of the proposed project
Construction of 22 unit condominium budding with parking on first level
3e Describe the overall project in detail including the type of equipment to be used
Existing structure will be removed A retaining wall will be constructed and fill will be placed in the permitted area to
prepare the site for constuction
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all pnor phases) in the past9
Comments
4b If the Corps made the jurisdictional determination what type
❑ Preliminary ® Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known) Scott Stone
Other Environmental & Soil Service Inc
4d If yes list the dates of the Corps Jurisdictional determinations or State determinations and attach documentation
9/8/11 (See attached notice from William Wescott P W S)
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain
Page 3 of 10
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ —non 404 other)
(acres)
Temporary T
W1 ®P ❑ T
Fill & cover
Section 404
® Yes
❑ No
® Corps
® DWQ
079
W2 ❑ POT
Temp staging
Section 404
® Yes
❑ No
® Corps
® DWQ
017
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
096
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non 404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
N/A
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments Variance to Neuse River Buffer Rules has been approved by EMC on 5 9 2012 (no direct stream impacts)
Page 4 of 10
PCN Form — Version 1 3 December 10 2008 Version

4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
N/A
02 ❑ P ❑ T
N/A
03 ❑ PEI T
N/A
04 ❑ PEI T
N/A
4f Total open water impacts
4g Comments
6 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
N/A
P2 j
N/A
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
N/A
51 Size of pond watershed (acres)
N/A
5k Method of construction
N/A
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
® Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ®P ❑ T
budding
UT Wilson Creek
® No
694
2 650
B2 ❑ P ®T
staging
UT Wilson Creek
® Nos
400
425
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
1094
3 075
61 Comments Variance to Buffer Rules applied for to EMC to be heard 5 21 12
Page 5 of 10
PCN Form — Version 1 3 December 10 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Eliminated one building to reduce footprint of construction
1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Will use temporary matts for scaffolding use of long reach excavation concrete pumps
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ® No
2b If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c If yes which mitigation option will be used for this
project?
❑ Mitigation bank
❑ payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 1 3 December 10 2008 Version

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments No mitigation imposed by DWQ Owner is voluntarily planting 44 woody plants
Page 7 of 10
PCN Form — Version 1 3 December 10 2008 Version

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes then is a diffuse flow plan included? If no explain why
® Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
366%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan explain why Less than 1/2 acre new impervious
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative
description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local governments jurisdiction is this project?
City of New Bern
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4
DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
®Yes ❑ No
Page 8 of 10
PCN Form — Version 1 3 December 10 2008 Version

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal/state) land9
1 b
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
letter )
❑ Yes
❑ No
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 213 0200)?
2b
Is this an after the fact permit application?
❑ Yes
® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a
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
Sewer will be provided by City of New Bern Treatment Facility
Page 9 of 10
PCN Form — Version 1 3 December 10 2008 Version

5
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a
Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b
Have you checked with the USFWS concerning Endangered Species Act
® Yes ® No
impacts?
® Raleigh
5c
If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Raleigh USFWS office Letter has been sent to Raleigh Office
6
Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Impacts only to vegetated non riparian wetlands No impacts to surface waters
7
Historic or Prehistoric Cultural Resources (Corps Requirement)
7a
Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b
What data sources did you use to determine whether your site would impact historic or archeological resources?
Phase I Evnironmental Report and Visual observation of site to be disturbed
8
Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
® Yes ❑ No
8b
If yes explain how project meets FEMA requirements Project will be elevated above 100 year flood elevation
8c What source(s) did you use to make the floodplain determination? Atlantic Surveying and Design
Zachary Taylor
May 16 2012
Applicant/Agent s Printed Name
Applica gen s ature
Date
(A is si ure is valid only d an authorization letter from the applicant
is rovided
Page 10 of 10
PCN Form — Version 1 3 December 10 2008 Version

U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW 2011 01654 County Craven U S G S Quad New Bern
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner Flamingo Development. LLC Agent
attn, Zachary Taylor
Address 1321 Commerce Way Address
New Bern, North Carolina 28562
252 633 5106
Size and location of property (water body road name /number town etc ) Property contains 165 acres located at 1113
Chelsea Road, New Bern, NC PIN 8 207 103 Latitude 35 091489 N Longitude 77 095425 W
Description of projects area and activity Protect proposes to fill 0,096 acres of Section 404 wetlands for the purpose of
constructine a multi family residence
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act 33 USC 403)
Authorization Regional General Permit Number or Nationwide Permit Number 18
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 5/21/2012 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 will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked 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 requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended revoked, or is modified such that the
activity would no longer comply with the terms and conditions of the nationwide permit activities which have commenced (i a are
under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit s expiration modification or revocation unless
discretionary authority has been exercised on a case by case basis to modify suspend or revoke the authorization
Activities 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 in Morehead City NC at [phone]
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 reg ding this verification any of the conditions of the Permit or the Corps of Engineers regulatory
program please contact Wdlian Wescott at 911) 251 4629
Corps Regulatory Official (� �U,u, (/ R&W ; V U) S Date 6/26/2012
Expiration Date of Verification 6/26/2014
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 / /per2 nn usace army mil /survey html to complete the survey
online
Copy Furnished

Determination of Jurisdiction
A ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
B ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change m the law or our
published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
C ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations
this determination may be relied upon for a period not to exceed five years from the date of this notification
D ® The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued 9/8/2011 Action ID SAW 2011 01654
Basis For Determination
Remarks
Attention USDA Program Participants
This delmeation/determmation has been conducted to identify the limits of Corps Clean Water Act jurisdiction for the particular site
identified in this request The delineation/deternimation may not be valid for the wetland conservation provisions of the Food Security
Act of 1985 If you or your tenant are USDA Program participants or anticipate participation in USDA programs you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work
F Appeals Information (This information applies only to approved Jurisdictional determinations as indicated in B and C
above)
This correspondence constitutes an approved Jurisdictional determination for the above described site If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you
must submit a completed RFA form to the following address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele Review Officer
60 Forsyth Street SW Room 1OM15
Atlanta, Georgia 30303 8801
Phone [phone]
In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for appeal
under 33 CFR part 331 5 and that it has been received by the Division Office within 60 days of the date of the NAP Should you
decide to submit an RFA form it must be received at the above address by
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence **
Corps Regulatory Official
Date Expiration Date
Copy furnished

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