20070966 Ver 1_Individual_20070524

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ENVIRONMENTAL CONSULTANTS
2736
May 17, 2007
.776fJ
Austin CNfice
4407 Monterey Oaks Blvd., Building 1, Ste. 1 10
Austin, Texas 78749
Tel [phone] Fax [phone]
www.swca.com
Ms. Joanne Steenhuis
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-2845
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PAYMENT
RECEIVED
Re: Application for Individual Permit, USPG Portfolio Two, LLC Cypress Bay Plaza,
Carteret County, North Carolina
Dear Ms. Steenhuis:
SWCA Environmental Consultants (SWCA), on behalf of USPG Portfolio Two, LLC, is
submitting the attached individual permit application for authorization under Section 404 of the
Clean Water Act for modification of an existing parking facility at the Cypress Bay Plaza located
west of the intersection of North Carolina Highway 24 and Highway 70 near Morehead City,
Carteret County, North Carolina. This application package contains the following:
1. Completed and signed Application for Department of the Army Permit (ENG Form
4345);
2. 404(b)(1) Evaluation; and,
3. Permit Drawings
Should you have any questions or need additional information, please do no hesitate to call.
~~.. Sincerely,
SWCA Env ~onmental Consultants
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Mr. Bernard Grenon, Madison Partners, LLC T d,„~ .,~

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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I \ I .!. ~ L I Y L_ V units Hrrnwnc rvv.vr ~~-mow,,
33 CFR 325 Ex Tres December 31, 2004
The Public burden for this collection of information Is estimated to average 10 hours per response, although the majority of applications should require 5 hours
or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of Information, including
suggestions Far reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215
Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project {0710-0003),
Washington, DC 20503. Resopndents should be aware that notwithstanding any other provision of law, no person shall be subject to penalty far failing to
comply with a collection of information if it does not display a currently valid OMB control number. Please DO NO RETURN your form to either of those
addresses. Completed applications must be submitted to the Dlstricl En ineer havin 'urisdiction over the location of the ro osed activit .
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Acl, Sectien 404, 33 USC 1344; Marine Protection, Research and 5antuaries Act,
Section 103, 33 USC 1413. Principal Purpose: lntormation provided on this form will be used in evaluating the application for a permit. Routine uses: This
information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of information is voluntary,
however, if information is not provided the permit application cannot be evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
chat is not completed in full will be returned.
!TENS ! TNRU 4 TO BE PILLED BY THE CORPS
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DA7E APPLICATION COMPLETED
5. APPLIGANT'S NAME B. AUTHORIZED AGENT'S NAME AND TITLE {an agent is not
USPG Portfolio Two, LLC SWCA Environmental Consultants
Jim McNally Mr. James O. Jones, Natural Resource Program Director
6. APPLICANT'S ADDRESS y. AlitN I'S HUUKtJJ
310 S. Hamilton Rd 4407 Monterey Oaks Boulevard, Building 1, Suite 110
Gahanna, OH 43230 Austin, Texas 78749
7 ADDI Ir`6AIT'Q OHt1rJF All 1~ARFRC WIARFA Ca)1lF I in. AGENT'S PHONE NUMBER W /AREA CODE
a. Residence a. Residence
b. Business 614 472-2948 b. Business 512 476-0891
11. STATEMENT OF AUTHORIZATION

I hereby authorize James O. Jones to act in behalf as my agent in the processing of this appllcatlan and to furnish, upon request, supplemental
infomration in support of this permit application.

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APPLICANT'S SIGNATUR D TE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Cypress Bay Plaza
i3. NAME OF WATERBODY, lF KNOWN (if applicable) 14. PROJECT STREET ADDRESS {if applicable)
Unnamed tributary to Newport River The project is located approximately 0.75 miles west of the intersection of
Highways 24 and 70, in Morehead City, North Carolina.
15. LOCATION OF PROJECT
Carteret North Carolina
COUNTY STATE
16.OTHER LOCATION DESCRIPTIONS, !F KNOWN, {see instructions)
The proposed project site is bordered by Highway 70 to the north, North Carolina Highway 24 to the south and a shopping center to the east, in the Town of
Morehead City, Carteret Courtly, North Carolina.
17. DIRECTIONS TO THE SITE
From Morehead City, Narih Carolina, travel west on U.S. Highway 70, approximately 5 mites. The project site will be an the left within the Belks shopping
center, which is located to the south of Highway 70, and to the north of Highway 24.
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18. Nature of Activity (Description of project, include alt features)
USPG Portfolio Two, LLC is proposing to fill and pave approximately 0.86 acre of jurisdictional wetlands within a 1.13-acre site in order fa redesign the existing
parking facility.
See attached su lemental information for a more detailed descri lion.
19. Pro'ect Pur ose Describe the reason or u ose of the ro'ect, see instructions See attached.
U5E l3LOGKS 20-22 lF DREDGED AtVDlOR FILL MATERIAL 15 TO BE DESCHARGED
20. REASON{5) FOR DISCHARGE
The purpose of the proposed project is to correct existing traffic flow issues at the facility. The construction of the parking area will require the installation of
as halt and en ineered FlII in order in elevate the area to the same elevation of the existin arkin facilit .
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
The proposed project involves the installation of approximately 458 cubic yards of asphalt and 4,162 cubic yards of engineered till. The installation of the
as halt and 611, will result in the fill of a roximatel 0.86 acres of "waters of the U.5 "which are 'urisdiclional ursuant to Section 404 of the Clean Water Act.
22. Surface Area In Acres of Wetlands or Other Waters Filled (see instruction)
A roximatel 0.86 acres of "waters of the U.S." will be filled with the materials discussed in Black 21.
23. Is Any Portion of The Work Already Complete? Yes No X IF YES DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees Etc., Whose Property AdJoins the Waterbody {If you have more that can be here, please attach a
supplemental list).
Trtbek Properties
Z00 Providence, Suite 106
Charlorie,NC 28207
25. List of Other Certifications of ApprovalsfDenials Received from other Federal, State, or Local Agencies far Work Described in This Application.
AGENCY TYPE APPROVAL• IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
DWQ 40i Certification PENDING
'Would include but is not resldclad to mnin , bulldin and Tloo lain rrniis
26. Application is hereby made for a permit or permits to authorize the work describ fn this application. I certify that the information in this application is
complete and accurate. (further certify that I possess the authority to undertake the o des ribed herein ar am acting as the duly authorized agent of the
appli nt.
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5ignalure of Applicant Date Signature oaf Ag, nt Date
The application must be signed by the person who desires to undertake the proposed activity (applicant} ar it may be signed by a duly authorized agent If the
statement in block 11 has been filled out and signed.
i8 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully
falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations ar
makes ar uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than
Si0,000 or im risoned not more than five ears or both.

Block 19 Cont.
The purpose for the project is to redesign the existing Cypress Bay Plaza parking facility
to improve traffic flow and safety. Currently, traffic flows through the Center Drive isle
from seven entrance points; four of which are in the immediate vicinity of the proposed
project area (See Sheet 2 of 7). As a result, traffic must make four stops/turns to traverse
around the proposed site causing frequent accidents and pedestrian concerns.
The proposed redesign will allow the Center Drive aisle between Highways 70 and 24 to
be straightened to a north/south orientation, with a single stop at the south side of the
project area. This would eliminate the currently hazardous, multi turn traffic flow around
the project area. Filling of approximately 0.86 acres of wetlands will be necessary in
order to accomplish this proposed alteration of traffic flows. Curbed drive isles,
landscaping islands, and other parking lot improvements will be added to improve the
traffic/pedestrian safety and flow through the center. In addition to improving the safety
of the parking facility, construction of the proposed project will enhance an existing
mitigation area.
Due to the existing property line configurations, the property owner does not have an
alternate means to solve the traffic flow issue. The applicant has included a proposed
mitigation plan to offset the unavoidable wetland impacts (Sheet 7 of 7).

SUPPORTING INFORMATION
U.S. Army Corps of Engineers
Individual Permit Application
1.13-Acre Cypress Bay Plaza Tract
Carteret County, North Carolina
NAME, ADDRESS, AND TELEPHONE NUMBERS OF THE PROSPECTIVE PERMITTEE
Permittee
USPG Portfolio Two, LLC
310 S. Hamilton Rd
Gahanna, Ohio 43230
Phone: [phone]
Authorized Agent
James O. Jones
Natural Resources Program Director
SWCA Environmental Consultants (SWCA)
4407 Monterey Oaks Blvd, Building 1, Suite 110
Austin, Texas 78749
Phone: [phone]
SWCA Environmental Consultants
SWCA Project Number 11251-061

SUPPORTING INFORMATION
U.S. Army Corps of Engineers
Individual Permit Application
1.13-Acre Cypress Bay Plaza Tract
Carteret County, North Carolina
LOCATION AND BRIEF DESCRIPTION OF THE PROJECT
USPG Portfolio Two, LLC, is proposing to develop a 1.13-acre commercial property located west of
Morehead City, Carteret County, North Carolina (project site). The proposed project site is bordered by
Highway 70 to the north, North Carolina Highway 24 to the south and a shopping center to the east.
The purpose for the project is to redesign an existing parking facility to improve traffic flow through the
Cypress Bay Plaza parking lot. Currently, traffic flows through the Center from seven entrance points;
four of which are in the immediate vicinity of the proposed project area. As a result of existing property
line configuration, traffic must make four stops/turns to traverse around the proposed site causing
frequent accidents and pedestrian concerns.
The proposed redesign will allow the main Center drive aisle between Highways 70 and 24 to be
straightened to a north south orientation, with a single stop at the south side of the expansion area. This
would eliminate the currently hazardous, multi turn traffic flow around the project area. Curbed drive
isles, landscaping islands, and other parking lot improvements will greatly improve the traffic/pedestrian
safety and flow through the center. The property owner does not have an alternate means to solve the
traffic flow issue due to the existing property line configuration; the mitigation impact necessary for the
project is unavoidable to address the traffic improvements necessary.
Located within the project site is approximately 0.86 acres of "waters of the U.S." including wetlands,
which are jurisdictional pursuant to Section 404 of the Clean Water Act. Due to the location, the entire
project site is proposed to be filled in order to meet the needs of the planned construction. The total
amount of jurisdictional wetlands that will be impacted is 0.86 acres.
SWCA Environmental Consultants
SWCA Project Number 11251-061

SUPPORTING INFORMATION
U.S. Army Corps of Engineers
Individual Permit Application
1.13-Acre Cypress Bay Plaza Tract
Carteret County, North Carolina
INTRODUCTION
The proposed project consists of redesigning the existing parking within the Cypress Bay Plaza in
Morehead City, North Carolina. This redesign is necessary to correct an existing hazardous traffic
condition.
The proposed filling will result in the filling of approximately 0.86 acres of jurisdictional wetlands. This
estimate is based on a jurisdictional delineation (No. 200501176) that was verified by the U.S. Army
Corps of Engineers (USAGE) on May 22, 2006.
PROPOSED MITIGATION
The applicant proposes to mitigate for the unavoidable impacts by enhancing the existing wetland
mitigation area that was constructed under USAGE permit number 199603796 issued to Hestron
Corporation. Based upon onsite investigations, it was determined that the existing wetland functions and
values of the mitigation area could be improved by modifying the area.
Approximately 0.86 acre of the existing mitigation area will be excavated an additional 1 to 2 feet,
resulting in the removal of approximately 2,967 yards of native fill to improve the wetland hydrology and
holding capacity of the created wetland. Initially, the existing mitigation area will be mowed and woody
vegetation removed. The top 6 to 10 inches of soil within the mitigation site will be removed and
stockpiled for use as the wetland plant seed base. The mitigation area will then be excavated an
additional 1 to 2 feet. Once the mitigation site has been excavated to the desired depth, the stockpiled
topsoil will be spread over the bottom of the site. Once the site receives rainfall, existing wetland plant
seed stock contained in the topsoil layer will revegetate the site. Excess material excavated from the
mitigation site will be hauled off and placed onto anon-wetland site. Prior to the construction of the
mitigation area, the appropriate utility divisions will be contacted. We will meet with the divisions as to
ensure that the sewer line and transmission lines located within the proposed mitigation area are not
damaged during the construction of the mitigation area.
The modified mitigation site will be monitored for a period of three years to insure 70% coverage of the
site with wetland vegetation. The initial inspection will be conducted at 6 months following the
completion of the mitigation area modifications. Additional inspections will occur at 1, 2, and 3 years
from completion of the mitigation area modifications. The modifications will be considered successful
when 70% coverage of wetland vegetation has been achieved. Should the performance goal be reached
prior to 3 years from completion of the modifications, monitoring will cease at that time. Letter reports
documenting the findings from each inspection will be submitted to the USAGE for inclusion in the
permit file.
SWCA Environmental Consultants
SWCA Project Number 11251-061

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404(b) (1) FORM, SITE MAPS, PLAN VIEW, AND CROSS-SECTION DRAWINGS

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EVALUATION OF THE EFFECTS OF A DISCHARGE OF FILL MATERIAL
INTO
WATERS OF THE U.S. USING SECTION 404 (b)(1) GUIDELINES
APPLICANT:
Jim McNally
Project Manager
USPG Portfolio Two, LLC
310 S. Hamilton Rd
Gahanna, Ohio 43230
PROJECT DESCRIPTION:
Location
The project is located between Highway 70 and North Carolina Highway (NC HWY) 24
near Morehead City, Carteret County, North Carolina.
Project and Site Description
USPG Portfolio Two LLC is proposing to modify an existing parking facility at the
Cypress Bay Plaza shopping center. The purpose for the project is to improve traffic
flow and safety. Currently, traffic flows through the Center Drive isle from seven
entrance points; four of which are in the immediate vicinity of the proposed project area.
As a result, traffic must make four stops/turns to traverse around the proposed site
causing frequent accidents and pedestrian concerns.
The proposed redesign will allow the Center Drive aisle between Highways 70 and 24 to
be straightened to a north south orientation, with a single stop at the south side of the
project area. This would eliminate the currently hazardous, multi turn traffic flow around
the project area. Filling of approximately 0.86 acres of wetlands will be necessary in
order to accomplish this proposed alteration of traffic flows. Curbed drive isles,
landscaping islands, and other parking lot improvements will be added to improve the
traffic/pedestrian safety and flow through the center. In addition to improving the safety
of the parking facility, construction of the proposed project will enhance an existing
mitigation area.
Due to the existing property line configurations, the property owner does not have an
alternate means to solve the traffic flow issue. The applicant has included a proposed
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mitigation plan to offset the unavoidable wetland impacts.
The total project site encompasses 1.13 acres, however, only 0.99 acre (0.86 wetlands and
0.13 uplands) will be filled. The remaining 0.14 acre will be preserved as wetlands and is
contained within an existing wetland preserve.
General Description of the Dredged or Fill Material
The fill material for the proposed project site is engineered fill and asphalt. A total of
approximately 4791 cubic yards of engineered fill and 532 cubic yards of asphalt will be
used as fill within the development.
Description of the Fill Site
The project site is 1.13 acres in size. Located within the project site is approximately 1.0
acre of "waters of the U.S." which are jurisdictional pursuant to Section 404 of the Clean
Water Act. Of the 1.0 acre, 0.14 acre will be preserved and maintained within an existing
wetland preserve. The remaining 0.86 acre of wetlands is dominated by herbaceous
vegetation and is mowed periodically. The fill site is essentially level and is
approximately 4 to 6 inches below the surrounding parking surfaces.
Vegetation Types
The project site is dominated by herbaceous vegetation. Common species observed in
herbaceous community include: muscadine grape, bracken fern, and Virginia chainfern.
FACTUAL DETERMINATIONS:
Physical Substrate Determinations
Substrate Elevations and Slope
Topography is gently to sloping to level with the total relief within the project site
ranging from 0 to 3 inches.
Sediment Type
According to the U.S. Natural Resource Conservation Service soil data, the project site is
dominated by Leon sand.
Fill Material Movement
Impacts to wetlands on the proposed site have been avoided and minimized to the
maximum extent possible. USPG Portfolio Two, LLC will use approved Best
Management Practices (BMPs), as needed to prevent surface water quality impacts on

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any adjacent waters to the construction site. Short-term turbidity and suspended solids
will be minimized through the use of approved BMPs such as silt fences, hay bale dikes,
rock berms, and temporary vegetation. Long-term turbidity and suspended solids will be
minimized through the use of approved BMPs such as vegetative filter strips. Short-term
measures that will be used to stabilize disturbed soil areas will be approved BMPs such
as temporary vegetation, blankets and matting, and silt fence. Permanent vegetation is
proposed for areas not covered by pavement to provide long-term soil stabilization. Soil
disturbances to complete construction will be kept to the minimum practicable at all
times, and no more area than necessary will be disturbed at any time.
Physical Effects on Benthos
The entire 0.86 acres of jurisdictional wetlands are proposed to be filled. The project has
been minimized to the greatest extent possible while still fulfilling the project purpose
and need. It is noted that 0.86 acres of wetlands are proposed to be filled which will
affect the existing aquatic ecosystem and associated wildlife. The total amount of
jurisdictional waters that will be impacted is 0.86 acres. The fill material for the project
site contains no contaminants that could affect wildlife.
Actions Taken to Minimize Impacts
Impacts to wetlands on the proposed site have been avoided and minimized to the
maximum extent possible. USPG Portfolio Two, LLC will use approved BMPs, as
needed to prevent surface water quality impacts on any adjacent waters to the
construction site. Short-term turbidity and suspended solids will be minimized through
the use of approved BMPs such as silt fences, hay bale dikes, rock berms, and temporary
vegetation. Long-term turbidity and suspended solids will be minimized through the use
of approved BMPs such as vegetative filter strips. Short-term measures that will be used
to stabilize disturbed soil areas will be approved BMPs such as temporary vegetation,
blankets and matting, and silt fence. Permanent vegetation is proposed for areas not
coverage by permanent structures to provide long-term soil stabilization. Soil
disturbances to complete construction will be kept to the minimum practicable at all
times, and no more area than necessary will be disturbed at any time.
Water Circulation, Fluctuation, and Salinity Determinations
The proposed discharge of fill material will have no individual or cumulative effect on
downstream flows and normal water fluctuations.
Suspended Particulate/Turbidity Determinations
Approved BMPs will be used as needed to prevent surface water quality impacts on any
adjacent waters to the construction site. Short-term turbidity and suspended solids will be
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minimized through the use of approved BMPs such as silt fences, hay bale dikes, rock
berms, and temporary vegetation. Long-term turbidity and suspended solids will be
minimized through the use of approved BMPs such as vegetative filter strips. Short-term
measures that will be used to stabilize disturbed soil areas will be approved BMPs such
as temporary vegetation, blankets and matting, and silt fence. Permanent vegetation is
proposed for areas not covered by permanent structures to provide long-term soil
stabilization. Soil disturbances to complete construction will be kept to the minimum
practicable at all times, and no more area than necessary will be disturbed at any time.
The discharge of fill material will be confined to specific areas and there will be no
physical factors for the movement of fill material to other jurisdictional waters.
Contaminant Determinations
The fill material for the project site does not contain contaminants. Consequently, there
will be no introduction, relocation, or increase of contaminants to the aquatic habitat.
Aquatic Ecosystem and Organism Determinations
Effects on Benthos
The total amount of jurisdictional waters that will be impacted is 0.86 acres. The fill
material for the project site would not lead to bioaccumulation of contaminants in the
wildlife. USPG Portfolio Two, LLC will minimize and offset anticipated impacts by
enhancing and improving an existing wetland mitigation site adjacent to the Cypress Bay
Plaza. The habitat to be impacted is not considered to be scarce or becoming scarce on a
national or regional base.
Effects on Aquatic Food Web
The filling of 0.86 acres of jurisdictional waters will have a minimal impact to the aquatic
food web for the surrounding area. Effects on the aquatic food web have been minimized
by filling the smallest area possible. The fill site is not considered unique habitat,
including threatened or endangered species. Approved BMPs will be used as needed to
prevent surface water quality impacts on any adjacent waters to the construction site.
Short-term turbidity and suspended solids will be minimized through the use of approved
BMPs such as silt fences, hay bale dikes, rock berms, and temporary vegetation. Long-
term turbidity and suspended solids will be minimized through the use of approved BMPs
such as vegetative filter strips. Short-term measures that will be used to stabilize
disturbed soil areas will be approved BMPs such as temporary vegetation, blankets and
matting, and silt fence. Enhancement of existing wetlands and detention basins will also
be incorporated into the project plans.

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Effects on Special Aquatic Sites
Sanctuaries and Refuges
The project will have no effect on refuges or sanctuaries.
Wetlands
The project will impact approximately 0.86 acres of wetlands.
Mud Flats
The project will have no effect on mud flats.
Vegetated Shallows
The project will have no effect on vegetated shallows.
Effects on Threatened and Endan e~pecies
There are several state and federally listed threatened and endangered species that have
the potential to exist within Carteret County. Based on the location of the project site,
and the lack of suitable habitat, no threatened or endangered species are likely to be
present on the project site.
Effects on Other Wildlife
No negative effects on wildlife are expected due to the location of the proposed project
site, and the lack of suitable habitat.
Actions to Minimize Impacts
Impacts to wetlands on the proposed site have been avoided and minimized to the
maximum extent possible. USPG Portfolio Two, LLC will use approved BMPs, as
needed to prevent surface water quality impacts on any adjacent waters to the
construction site. Short-term turbidity and suspended solids will be minimized through
the use of approved BMPs such as silt fences, hay bale dikes, rock berms, and temporary
vegetation. Long-term turbidity and suspended solids will be minimized through the use
of approved BMPs such as vegetative filter strips. Short-term measures that will be used
to stabilize disturbed soil areas will be approved BMPs such as temporary vegetation,
blankets and matting, and silt fence. Permanent vegetation is proposed for areas not
covered by permanent structures to provide long-term soil stabilization. Soil disturbances
to complete construction will be kept to the minimum practicable at all times, and no
more area than necessary will be disturbed at any time.

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Proposed Disposal Site Determinations
Mixing Zone Determinations
Not applicable for this project.
Determination of Compliance with Applicable Water Ouality Standards
Best Management Practices (BMPs) will be implemented pursuant to the Storm Water
Pollution Prevention Plan (SWPPP) prepared for the project. BMPs will also ensure that
short-term and long-term turbidity and suspended solids in the waters will be below the
Division of Water Quality (DWQ) maximum levels.
Potential Effects on Human Use Characteristics
Municipal and Private Water Supplies
The project will have no effect on municipal and private water supplies. The discharge of
fill material for this project will have no impact on the intake of municipal or private
water supply systems.
Recreational and Commercial Fisheries
Not applicable.
Water Related Recreation
The project will have no effect on water related recreation. The project site does not have
waters suitable for canoeing or boating. Hunting is restricted as the property is privately
owned.
Aesthetics
The project will have no effect on the aesthetics of the surrounding area. The project is
similar to other surrounding multi-mixed developments. The development will not
destroy the vital elements that contribute to the harmony or diversity of the surrounding
area.
Effects on Parks, National and Historic Monuments, National Seashores, Wilderness
Areas, Research Sites and Similar Preserves
The site was determined to be ineligible for listing on the NRHP. The project will have
no effect on National and Historic Monuments. The project will also have no effects on
parks, wilderness areas and similar preserves.

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Determination of Cumulative Effects on the Aquatic Ecosystem
An assessment of cumulative impacts takes into consideration the consequences that past,
present and reasonably foreseeable future projects had, have, or will have on the
ecosystem. Although a particular project may constitute a minor impact in itself, the
cumulative impacts that result from a large number of such projects could cause an
impairment of the ecosystem. The applicant in considering the logistics and costs for this
project elected to modify the existing parking facility to alleviate existing traffic
conflicts. The proposed project is needed to improve traffic flow and to increase safety.
The project was designed with minimal impacts to the surface waters in the state without
significantly impacting the efficiency of the development plan, as well as the appeal to
customers and potential users of the area.
The filling of 0.86 acres of jurisdictional wetlands will have a minimal impact to the
aquatic food web for the surrounding area. The fill sites are not considered unique
habitat, including threatened of endangered species. Approved BMPs will be used as
needed to prevent surface water quality impacts on any adjacent waters to the
construction site. Short-term turbidity and suspended solids will be minimized through
the use of approved BMPs such as silt fences, hay bale dikes, rock berms, and temporary
vegetation. Long-term turbidity and suspended solids will be minimized through the use
of approved BMPs such as vegetative filter strips. Short-term measures that will be used
to stabilize disturbed soil areas will be approved BMPs such as temporary vegetation,
blankets and matting, and silt fence. Enhancement of existing wetlands and detention
basins will also be incorporated into the project plans. Therefore, when considering the
overall impacts from this project and future similar projects the cumulative impacts are
-not considered to be significant.
Determination of Secondary Effects on the Aquatic Ecosystem
The project will have no effect on the secondary effects on the aquatic ecosystem as
BMPs will be used as needed to prevent surface water quality impacts on any adjacent
waters to the construction site. The discharge of fill within the specified discharge areas
will be stabilized and as such no surface runoff from these areas will affect other
jurisdictional waters.
DETERMINATIONS ON DISCHARGE
The discharge of fill material represents the least damaging practicable alternative in light
of the scope of work for a mixed use-development project and for a regional stormwater
system. USPG Portfolio Two, LLC will use approved BMPs, as needed to prevent
surface water quality impacts on any adjacent waters to the construction site. Short-term

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turbidity and suspended solids will be minimized through the use of approved BMPs such
as silt fences, hay bale dikes, rock berms, and temporary vegetation. Long-term turbidity
and suspended solids will be minimized through the use of approved BMPs such as
vegetative filter strips. Short-term measures that will be used to stabilize disturbed soil
areas will be approved BMPs such as temporary vegetation, blankets and matting, and silt
fence. Permanent vegetation is proposed for areas not covered by permanent structures to
provide long-term soil stabilization.
The activity will not jeopardize the continued existence of federally listed endangered
species or their habitat.
Appropriate and practicable steps have been taken to minimize impacts to the aquatic
habitat.
FINDINGS OF COMPLIANCE OR NONCOMPLIANCE WITH THE
RESTRICTIONS ON DISCHARGE (230.12 (A)-(B))
On the basis of these Guidelines (subpart c through g), the project proposed disposal site
for the discharge of fill material does comply with the Section 404 (b) (1) Guidelines.

f ~ '• r.' .~\~ ~•`~.1 `1152 ~ ~ ~ may//~~ ~i ~~ -~~ ,fl ! ~` ', 1 -,,7~~- -
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Background: USGS 75-minute quadrangle
~ SWCA PN~. 11251-061
Production: 09 April 2007; IRM
1
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M1leS ENVIRONMENTAL CONSULTANTS
Sheet 1 of 7. Site Vicinity Map for the Cypress 13ay t'laza t'ro~ect, lvtoreneaa miry, ~,anerel ~,oun~y, rvvtut •.aruiuia

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(Water quality teatw•e)~ --
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^ Background: Drawing
~ r ' SWCA PN~. 11251-Obl
U Property (1.35 ac) Production: 09Apri12007;Jxna
Project Site (0.99 ac)
0 50 100 ~~~,,,,,,JJJ ~"
Feet ~ Wetland Area (1.21 ac within Property, 0.86 acre within Project Site) ENVIRONMENTAL CONSULTANTS
Sheet 2 of 7. Site Layout Map for the Cypress 13ay Plaza Project, 1vloreneaa ~Ity, Carteret ~.oun~y, I~urul ~,al~lula

Existing Asphalt Proposed Asphalt
Parking Lot (--3 - 4" Thick) Existin~ Grade Parking Lot (~3 - 4" Thick)
Existing
Engineered Proposed
Engineered
Proposed Excavation of
Fill Material Fill Material Existing Material (Varies)
(-3' Thick) (--3' Thick)

I Wetland Area
Existing Parking Lot
Cross Section A-A
TO SCALE
Existing Asphalt
Parking LoC (; 3 - 4" Thick)
Existing
Engineered
Fill Material
(--3' Thick)
Existing Parking Lot
Background: None
SWCA PN: 11251-061
Production: 09 April 2007; JRM
~,1~~ ~',
ENVIRONMENTAL CONSULTANTS
Sheet 3 of 7. Typical Cross-Section for the Cypress Bay Plaza Project, Morehead City, Carteret County, North Carolina

Sheet 4 of 7. Site Vicinity Map for the ~;ypress rsay riaza nu~cc~ ~ ,~Y.,~.,u =•_~_~~~-_~-- • --~--~ --_~_ _______ _ _ „ _

Sheet 5 of 7. Site Layout iviap ror me t.ypre~s Day r ~aaa L ~~~~~_ _ ..,r~~.,.. ~•-•••b-•-•--•• - __ __, ___ _ _ _

meet a of i. iypi~ai ~,iw~-~~~«.,.. ~.,, ~.,., ..,y y..,.,., .,,.~ _ ...~_ _ -_,--- - - -, --