20070940 Ver 1_401 Application_20070507

2 0 0 7 9 4 0
Office Use Only: Fonn Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing `~®~ ~~G~~
co~Y
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: ^
5. 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 further details), check here:
II. Applicant Information
1. Owner/Applicant Information ~`b~± ~~-,~l' ~ 4~' ~~~~'~ /
Name: PBB Investors, Inc. ~r u~.b deli
,-_- G
Mailing Address: 604E Cedar Point Blvd. - ,~~;
Cedar Point N.C. 28584
Telephone Number: (252)-393-6101 Fax Number:_(252)-393-3522
E-mail Address: None
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: Alan Bell
Company Affiliation: Bell & Phillips Surve~g, PLLC
Mailing Address: 604E Cedar Point Blvd.
Cedar Point. N.C. 28584
Telephone Number: (252)-393-6101 Fax Number: (252 393-3522
E-mail Address: abellsurveying~a,tcp2.com
Page 5 of 12

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: Forest Ridge
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Tax Parcel ID: 1312-1, PIN: 535501386622
4. Location
County: Onslow Nearest Town: Swansboro
Subdivision naive (include phase/lot number): Forest Ride
Directions to site (include road numbers, landmarks, etc.): From Swansboro travel west on
N C Hwy 24 to N C S R 1434 (Belgrade-Swansboro Rd) Go 0 80 Miles down the
Belgrade Swansboro Road to property on right
5. Site coordinates, if available (UTM or Lat/Long):Lat.: 34-43-11.51, Long.: 77-09-35.55
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 127.63 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): White Oak River
8. River Basin: White Oak
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h2o enr state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: PropertX has approximately 15 acres of farm land with the
remainder being forest land The property in the vicinity of this proiect is a mixture of farm
land and forest land interspersed with low density single family residences.
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
The~roposed ~roiect to be a low density sinule family residential subdivision. The roads_are
to be strip paving (no Curb & flutter) and dedicated to NCDOT. Bulldozers and track
backhoes will be used to construct the roads and install utilities.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to access
the subdivision lots.
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.
Nopermits have been previously requested from the Corp. The Sedimentation & Erosion
Control~lan for the entire project has been approved Low-density Stormwater plans have
been submitted and are under review.
V. Future Project Plans
Are any firture 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 is to be a common area dedicated to the homeowners for water access. There may be
~~lications for soiree type of dock and/or boat ramp to LAMA in the future. The owners will
determine what theYwish to pursue based on purchaser response
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.
Page 7 of 12

1. Provide a written description of the proposed impacts: The proposed impacts are
for three road crossin¢s to access the subdivision lots.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Itnpact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Road Crossing 0.018 No 630' Forested Wetland
B Road Crossing 0.028 No 715' Forested Wetland
C Road Crossing 0.046 No 310' Forested Wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htlp://wwwJ-ema.~.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only).
List the total acreage (estimated) of all existing wetlands on the property: 30.95 Acres
Total area of wetland impact proposed: 0.092 Acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(leases eci
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not lunited to: culverts and associated np-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
down$tream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usQS.QOV. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
ww~,v.maxuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N
Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact

Site Number

(indicate on map)
N/A

Type of Impact* Area of

Impact
acres
( )
Name of Waterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

r.ii ,1..,.,J ,.
* List each impact separatety ana iaennry temporary uuNacis. iu~Na~~o ~~~..~u.,.,, ~~~. ~.....~• ••..•.~~-• ~~• -•••> -•-__._.-_--, _.__o___a,
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 stortnwater 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.
The subdivision roads are designed to minimize the number of crossings needed to access the
Lots The subdivision lots are designed so that lot owners should be able to enioy the use of the
Lots without any future impacts on wetlands
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 9 of 12

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 enviromnent 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 cnr state nc.us/ncwetlands/strm~ide.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 snap, 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.
N/A
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 http•//h2o.em•.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
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 10 of 12

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
Miti ation
1 3
2 1.5
Total
* Zone ]extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12

I_f 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.
Restrictive Covenants shall include language (attached example) conserving 404 wetlands in
there natural state in~erpetuity -
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.
There are no existing impervious surfaces The subdivision will be aloes-density
stormwater pro,~ect Alow-density stormwater plan has been submitted and is under review.
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.
Sewage disposal will be individual septic systems approved by the Onslow County Health
Department
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).
N/A
~~
Page 12 of 12

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RESTRICTIVE COVENANT GUIDANCE
August, 2003
Often, developers of residential or commercial subdivisions subject the property on
which the subdivision is built to restrictive covenants, that include provisions such as
setbacks, types of homes/buildings that can be built, etc. If the District has determined
that restrictive covenants are acceptable as a means of preserving mitigation property, the
following language can be added to those restrictive covenants:
"The areas shown on the recorded plat (identify the plat by title, date, and
r•ecor•ding data) as conservation areas shall be maintained in perpetuity in their
natural or mitigated condition. No person or entity shall perform any of the
following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile
homes, signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID
and therefore may be enforced by the United States of America. This covenant
is to run with the land, and shall be binding on the Owner, and all parties claiming
under it."
Usually, restrictive covenants have a provision that the property owners (either all of
them or some percentage of them) can amend or modify the restrictive covenants. If that
is the case, that provision needs to provide that our required paragraph (usually identified
by paragraph number) cannot be amended without the express written consent of the U.
S. Army Corps of Engineers, Wilmington District.
The permit condition should state that the permittee will record restrictive covenants,
acceptable to the Corps of Engineers, for the purpose of maintaining the mitigation areas
in their natural state in perpetuity, prior to the sale or conveyance of any lots or other
property within the subdivision. It is important that the restrictions be recorded prior to
the sale of any property within the subdivision (or phase, if it is being developed by
phase). If they are not, then any property sold prior to the recording of the restrictive
covenant are not subject to those covenants. Suggest the following:

"Permittee shall execute and cause to be recorded in the County
Register of Deeds restrictive covenants acceptable to the Corps of Engineers for
the purpose of maintaining the conservation areas, as shown on the recorded
plat* (identify vy title, date, and ~•eco~~dirag data), 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."
* It is possible and acceptable that the plat may not be recorded at the time of the
issuance of the permit. If that is the case, delete the word "recorded" and be sure you
have a copy of a plat showing the conservation areas in the file, and identify it in the
permit condition by title and date. The plat, however, must be recorded at the time the
restrictive covenants are recorded, and prior to the sale of any lots in the subdivision.
2

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