SW8020502_Historical File_20080404

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
April 4, 2008
Randy M. Schilsky, Owner
Schilsky Chiropractic Center
445-A Western Boulevard
Jacksonville, NC 28540
Subject: Stormwater Permit No. SW8 020502 Modification
Schilsky Chiropractic Center
High Density Subdivision Project
Onslow County
Dear Mr. Schilsky:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Schilsky Chiropractic Center on April 3, 2008. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 020502
Modification, dated April 4, 2008, for the construction of the project, Schilsky Chiropractic
Center.
This permit shall be effective from the date of issuance until October 18, 2012, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within sixty (60) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact R nda Hall, or me at [phone].
Sinc iy
r&'Ielz—
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/rbh: S:1WQSISTORMWATERIPERMIT1020502MOD.apr08
cc: David K. Newsom, PE, Crystal Coast Engineering, PA
Onslow County Inspections
Rhonda Hall
Wilmington Regional Office
Central Files W��nethcarolina
Aatardly
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.l.ncwaterclualiiy.org Fax [phone]
An Equal OpponunitylAffirma6ve Action Employer— 50% Recycled110% Post Consumer Paper

State Stormwater Management Systems
Permit No. SW8 020502 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Randy M. Schilsky, Owner
Schilsky Chiropractic Center
Western Blvd. (NCSR 1470) - Dolphin Drive, Jacksonville, Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond(s) in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until October 18, 2012 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The subdivision is
permitted for four outparcels and one off -site area (First Citizens Bank). Each of
the four outparcels is limited to a maximum amount of built -upon area as
indicated in Section 11.16 (f) of this permit. The off -site area (First Citizens Bank)
is limited to a maximum of 58,669 square feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
5. Each outparcel within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division of Water Quality and receive a permit prior to
any construction on the lot.
Page 2of9

State Stormwater Management Systems
Permit No. SW8 020502 Modification
Q
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
-4
C.
d.
e.
f.
9-
h.
M.
n.
o.
P.
Drainage Area, acres:
Onsite, ft2.
Offsite, ft`:
Total Impervious Surfaces, ft2:
Buildings, ft2:
Streets, ft :
Parking, ft2:
Sidewalk, ft2:
Offsite (SW8 010522) ft2:
Outparcel (Lot 1-A), ft
Outparcel (Lot 131), ft :
Outparcel (Lot 1), ft2:
Outparcel (Lot 3), ft2:
Pond Depth, feet:
TSS removal efficiency:
Design Storm:
Permanent Pool Elevation, FMS�:
Permitted Surface Area @PP ft
Permitted Storage Volume, ft�:
Storage Elevation, FMSL:
Controlling Orifice:
Permanent Pool Volume, ft3
Forebay Volume, ft3:
Maximum Fountain Horsepower:
Receiving Stream / River Basin:
Stream Index Number:
Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
9.63
419,483
None
327,524
11,492
23,609
24,039
7,240
58,669
43,746
52,925
58,160
47,644
6
90%
1"
37
18,896
27,000
38.3
2.0" 0 pipe
64,600
15,927
1 /4
UT to Mill Creek / White Oak
19-9
"C; NSW"
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entirc lot dces not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 020502 Modification
5. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
6. The permittee shall submit to the Director and shall have received approval for
revised pians, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. The Director may determine that other revisions to the project should require a
modification to the permit.
8. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
11. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
12. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
13. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and re -vegetation of side slopes.
d. Immediate .repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW8 020502 Modification
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
15. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 020502, as issued
by the. Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per each of the four outparcels and the
offsite area is as follows:
9
h.
Ourparcel /Offsite Area
Max butt-u area (W)
Offsite (First Citizens Bank)
SW8 010522
58,669
Lot 1-A
43,746
Lot B1 (formerly Lot 2)
52,925
Lot 1
58,160
Lot 3
47,644
TOTAL
This allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but is
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
All runoff on the lot must drain into the permitted systern. This may be
accomplished through providing roof drain gutters, which drain to the
street, grading the lot to drain toward the street, or grading perimeter
Page 5of9

State Stormwater Management Systems
Permit No. SW8 020502 Modification
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
j. Each outparcel within the subdivision whose ownership is not retained by
the permittee, must submit a separate Offsite Stormwater Management
Permit application package to the Division of Water Quality and receive a
permit prior to any construction on the lot.
17. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
19. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1 /4 horsepower.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a completed
" Name!Ownership Change Form" must be submitted to the Division of Water
Quality, signed by the parties involved, along with the applicable documents as
listed on page 2 of the form. The project must be in good standing with DWQ.
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
Page 6of9

State Stormwater Management Systems
Permit No. SW8 020502 Modification
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
8. The permit may be. modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 4t' day of April, 2008.
CAROL IN6Z-NVIRINMENTAL MANAGEMENT COMMISSION
tor yoieen ri. 5umns, uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 020502 Modification
Page 7 of 9

Jan 28 08 03:04p CrystalCoastEngineering 910-325-0060 p.2
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporaiion, individual, etc, who owns the project):
Schilsky Chiropractic Center
2. Print Owneri8igning Official's name and title (person legally responsible for facility and compliance):
Randy IL Sslt�y S E.+�, • ` % C) W
3. Mailing Address for person Listed in item 2 above:
445-A Westam Boulevard
City: Jacksonville State: N.C. Zip: 28540
Telephone Number: 910 1 347-4033
4. Project Name (subdivision, facility or establishmen
r
specifications, letters, operation and maintenance agreemeto.
auvuiu ua �uxww'.enr wire project name on plans,
eta):
Schilsky Chiropractic Center
ocation of Project (street address):
Western Blvd. (NCSR 147D) - Dolphin Drive
city. Yacksonyme I
county: Onslow
lirections to project (from nearest major intersection):
From intersection of NC 24 & US 17 is Jacksonville, north oh
US 17 approx. 1.4 miles to Western Blvd., left or.
Western Blvd. approx. 1.4 miles to Marlin Drive, left on MU6
Drive I block to Dolphin chive.
.atitude: 34 V 32" N Longitude• 77
4' 41" W of ect
Prot
ontact person who can answer questions about the projec
:
Name: David K NamA PE, Crystal Coast fthearing, PA! Telephone
Number. U 910 l 325-0D06
PERMIT INFORKATION:
pacify whether project is (clieck one): � New
i
Renewal X Modification
:i SWU-101 Version 3.99 Page 1 of 4
i
i

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number SW8 020502 and its issue date (if known)
3. Specify the type of project (check one):
Low Density X _High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major _Sedimentation /Erosion Control 404/401 Per -nit ..........__...,..NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Permit Modification necessary to allow Dr. Shane Covert project (Lot B-1) to divert stormwater to existing previously
permitted pond serving Schilsky Chiropractic Center.
2. Stormwater runoff from this project drains to the White Oak (New River) River basin.
3. Total Project Area: 9.63 acres 4. Project Built Upon Area: 78.1 %
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area 1
Drainage .Area 2
Receiving Stream Name
UT to Mill Creek
Receiving Stream Class
C:NSW
Drainage Area
9.63 ac
Existing Impervious* Area
125,049 sf
Proposed Impervious*Area
202,475 sf
% Impervious* Area (total)
Impervious* Surfaee Area
Drainage Area I
Drainage Area 2
On -site Buildings
(see attachment)
On -site Streets
On -site Parking
On -site Sidewalks
Other on -site
Off -site
L\
Total: 327,527sf
Total:
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Fonn SWU-101 Version 3.99 Page 2 of 4

Jan 28 08 03:05p CrystalCoastEngineering
910-325-0060 p.4
I. How was the off -site impervious area listed above
IV. DEED RESTRICTIONS AND PROTECTIVE C
digital planimetes
The following italicized deed restrictions and protective co s are required to be recorded for all
subdivisions, outparoels and future development prior to the s de of any lot. if lot sizes vary significantly, a table
Iisting each lot number, size and the allowable built -upon areg for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing con; nce with stare st*rmlvater management permit number
as issued by the Divi rion of Water Quality. These covenants may not be
changed or deleted. without the consent of the Stare.
2. No more than square jeer of any lot shall b covered by structures or impervious materials. .
Impervious materials include asphalt, gravel, concrete, brick, s ne, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be f lied in, piped or altered except as
A Built -upon area in excess of the permitted amount requires a s
construction.
S. dll permitted runofffrom outparcels orfuture development
system. These connections to the stormwater control system
and performance of the system as pamitred
to provide driveway crossings.
stormwater management permit modification prior to
directed into the permitted stormwater control
be performed in a manner that maintains the integrity
By your signature below, you certify that the recorded deed trictioz�s and protective covenants for this project
shall include all the applicable items required above, that the veharits will be binding on all parties and persons
claiming under. them, that they will run with the land, that th required covenants cannot be changed or deleted
without concurrence from the State, and that they will be reco ed prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit suppl
BMP specified for this project. Contact the Stormwater and
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Faun SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SIVU405
Curb Outlet Syateni Supplement
Form SWTJ-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supi
Forum SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice
Form SWU-101 Version 199 Page 3 of
form(s) listed below must be submitted for each
al Permits Unit at [phone] for the status

Jan 128, 08 03:05p CrystalCoastEngineering
910-3254X)60 p.5
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and i
A complete package includes all of the items listed below.
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following
next to each item.
• Original and one copy of the Stotmwater Management P
• One copy of the applicable Supplement Form(s) for each,
• Permit application processing fee of $420 (payable to NC]
• Detailed narrative description of stormwater treatment/,
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- NL orth arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned propertylproject boundary
- Location map with named streets or NCSR w
- Original contours, proposed contours, spot ell
- Details of roads, drainage features, collection
- Wetlands delineated, or a note on plans that X
- Existing drainage (including off -site), drainai
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or fern
behalf, please complete this section.
Designated agent (individual or f=):13avid K. Newsom, PE, C
mailing Address; 3917-3 Freedom Way
City: Hubert
Phone: [ _910 ) 325-0006 F;
VIIL APPLICANT'S CERTIFICATION
1, (print o; tw baize o person lisped in General information, item 2]
certify that the information included on this permit application
that the project wM be constructed in conformance with the ap
and protective cc will be corded.. d that the propoaq
NCAC 21-1.100tY. 1- I e n I A
Form SW-101 Version 3.99 Page 4 of 4
wed by the Division of Water Quality (DWQ).
complete application package should be
information by initialing in the space provided
Application Form
4
lV
vatious, finished floor elevations
systems, and stormwater control measures
3ne exist
, easements, pipe sizes, runoff calculations
so that they may provide information on your
Coast Engineering, PA
N.C. Zip:28539
{ 910 ) 325-0060
Dr. Randy M. S
brm is, to the best of my knowledge, correct and
,roved plans, that the required deed restrictions
i project complies with the requirements of 15A
Date: 3

02/22/2008 09:50 910-346-1210 JOHN PIERCE SURVEYOR PAGE 01
Lai
�t
JOHN L. FIERCE & ASSOCIATES, P.A.
LAND SURVEYING • LAND PLANNING a MAPPING
OFFICE: 910-346.98M
FAX 910-$48-121 Q
E-MAIL: bettyb®jlpna.00m
P.^_ Box 1685 or bdanj0jlpno oom 409 Johnson Blvd.JacKeonvllle, NC 28541 Jacksomdlle, NC 28540
r,
DATE:
FAX NO. [phone]
TO:
FRO
NUMBER OF COPIES INCLUDING THIS PAGE:
REmaRxs:
LOTS, FARMLAND AND WOODLAND SU &WING • WE PLANNING • SU6DMVON LAYOUT + LAND DEVR OPMENT PLANNING
CONSTRUCTION SURVEYING • 'TOPOGRAPHIC SURVWNd AND MAPPING
Phme I Emftnmental Audit Aiek Assaaam w4

Jan 28 08 03:03p CrystalCoastEngineering
910-325-0060 p.1
3817-3 Freedom Way
Hubert, N.C. 28639
Tel: (910� 325-0006
Fax: [phone]
TO: Rhonda Hall
Frorm
Darlene from Dave Newsom°s office
I
I
Fwc 910-350-2004
pages: -4
I
Phones 910�395 3900 bate: 11211008
Re: ScMsky Chiropraclic Center/ Storm waterCC:
management permit Application Form
❑ Urgent ❑ For Review El Please Comment E3
Please Reply 0 Pismo Recycle
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Crystal Coast Engineerinq, PA
3817-3 Freedom Way
Hubert, N.C. 28539
Tel: [phone] Fax: [phone]
Email: [e-mail]
January 23, 2008
Ms. Rhonda Hall
N.C. Division of Water Quality
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Re: Schilsky Chiropractic Center
Stormwater Project SW8 020502
Onslow County
Dear Ms Hall,
In response to our meeting yesterday, we provide you the following:
1. Color coded plat of Schilsky Chiropractic Subdivision on which I have
indicated those lots sold. Recorded Restrictions for Lot B-1 (East Carolina
Bank) are attached. Deed restrictions for Lot 1 (Brantly, Riddle, Jenkins,
Hardy & Hardy) & Lot 3 (David Altman) are pending.
2. Permit Application Fee (check in the amount of $505).
3. Revised Sheet 2 of Permit Application w/ attachment (2 copies).
4. Copy of April 10, 2007 letter as requested.
We are hopeful that this package addresses all items and that a permit can now be
issued. Should you have questions or additional concerns, please feel free to contact
me.
CRYSTAL COAST ENGINEERING
cc: Schilsky Chiropractic Center
Dewey Edwards w/ attachments
John L. Pierce & Associations w/ attachments

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING - LAND PLANNING - MAPPING
P.O. BOX 1685
JACKSONVII.LE, NC 28541
OFFICE: [phone] FAX: [phone]
E-MAIL: [e-mail]
[e-mail]
TO: Mr. Ed Beck
N.C. Department of Environment and Natural
Resources — Department of Stormwater
127 Cardinal Drive Extension
Wilmington, NC 28405
Vv
Letter of Transmittal
DATE:
July 16, 2007
ATTENTION:
Ed Beck
Re-
Schilsky Chiropractic center
Stormwater Project SW8 020502
COPIES
DATE
NUMBER
DESCRIPTION
2
Sets of stormwater application
1
Letter from engineer (Dave Newsom)
1
Check in the amount of $420.00
1
Notification of property sales
Copy of previous submitted package dated 4/24/07
CZ S d� tea
a
i
REMARKS:

Schilsky Chiropractic Center SW8 020502
Subject: Schilsky Chiropractic Center SW8 020502 F71 L(�
From: Linda Lewis <[e-mail]>
Date: Mon, 02 Jul 2007 13:41:01 -0400
To: Dave Newsom <[e-mail]>
Dave:
Your letter dated April 10, 2007, regarding Lotl-A of Schilsky Chiropractic Center
indicated that a permit modification to SW8 020502 had been submitted.
Unfortunately, I have no record of receiving a permit modification for that
project. Is the project scheduled for an Express review? If not, can you please
update me with the status of your modified submittal and about when it might be
submitted? Dr. Covert's permit cannot be issued until the Chiropractic Center
modified permit is issued.
Linda
1 of 1 7/2/2007 1:41 PM

Crystal Coast Engineering, PA
3817-3 Freedom Way
Hubert, N.C. 28539
! i el: (910) 325-OW6 Fax: [phone]
Email: crystalcoasteng@b¢ec.rr.com
April 10, 2007
Mr. Ed Beck
N.C. Division of Water Quality
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Re: Schilsky Chiropractic Center
Stormwater Project SW8 020502
Onslow County
Dear Mr. Beck,
Schilsky Chiropractic Center. has retained Crystal Coast Engineering, PA to assist
with the permit modifications required to bring the referenced project into compliance.
We are in receipt of your Notice of Violation dated March 20, 2007. On behalf of our
client, we request that you consider the following prior to recommending any
enforcement action
Section 11.9 Failure to submit a permit modification prior to the subdivision and sale of
the project area. As noted, Lot 1-A was recently sold to Dr. Shanie Covert and Lot B-
1 to East Carolina Bank. Two additional tracts have also recently been conveyed.
All purchasers were made aware of all permitting requirements. It was our intent that
the Offsite System Supplement submitted by each buyer would serve as the required
notification to DWQ of the sale(s). In accordance with our permit, each owner is
required to submit plans and permit applications to your office prior to commencing
construction. No construction has commenced on any site as of this date.
The wet detention pond constructed by Schilsky Chiropractic was designed to
accommodate 202,475 sf of "Future" BUA from the offsite tracts. The proposed
developments are not anticipated to cumulatively exceed that amount. It was not
clear to us, based upon the language in the permit, that additional notification
(beyond the Offsite Supplements) or formal modification to our permit was necessary
in order to convey these tracts. Section 10 of the permit requires submission of plans
and permit application "for any permitted future areas". All buyers have, or are in the
process of, fumishing this documentation to your office. Furthermore, Section 10
indicates that a modification to our permit is necessary only if "proposed BUA
exceeds the amount permitted". As the proposed BUA on the conveyed tracts does
not exceed 202,475 sf, it was not clear to us that a modification was necessary. If,

• Page 2
April 10, 2007
however, the DWQ wishes us to apply for a permit modification, we can certainly do
so.
Below is our "Plan of Action" which hopefully bring this project into compliance.
Plan of Action
4/10/07 — Furnish Notifications of change of ownership.
4/10/07 - Submit Permit Modification to address Shanie Covert project.
Future — Provide Notification to DWQ of any additional transfers of property
ownership.
Future — Furnish Permit Modification concurrent with any and all future permit
applications for tracts sold to third parties.
In closing, please understand that the noted violation was unintentional and there
was no intent to circumvent permit requirements or conceal the sales. We are
hopeful that our "Plan of Action" will resolve any compliance issues and that your
office will reconsider any additional enforcement action.
Should y - ave q;uns or additional concerns, please feel free to contact me.
Yo..�rs truly
NewsomTAIL COAST ENRING
cc: Schilsky Chiropractic Center

• Page 3 April 10, 2007
Notification of Property Sales
The following tracts from the previously permitted drainage area have been
conveyed;
613104 Tract B-1 to East Carolina Bank
8/12/05 Tract 1-A to Dr. Shade Covert
6/28/06 Lot 3 to David Altman
10/26/06 Lot 1 to Brantly, Riddle, Jenkins,
Hardy & Hardy
Site Plan and Permit Application
pending.
Site Plan and Permit Application
submitted in Jan. 2007.
Site Plan and Permit Application
pending.
Site Plan and Permit Application
pending.

Owner Impervious Surface Area Status
Offsite
First Citizens Bank 58,669 sf Existing/Constructed
Public Streets (in R/W) 23,609 sf Existing/Constructed
Schilsky Chiropractic (Lot 2A)
Bldg 11,492 sf
Parking 24,039 sf
Sidewalk 7,240 sf
S � o —.*.), 0 'S c 42,771 sf Existing/Constructed
Shane Covert (Lot l-A)
Bldg 6,266 sf
Parking 20,785 sf
Sidewalk 6,774 sf
Future 9,921 sf
C��1 0��� 43,746 sf Permit Pending
SW � '
East Carolina Bank (Lot B1 formerly Lot 2)
52,925 sf Future Allocation
(see Deed Restriction)
Brantley, Riddle, Jenkins, Hardy, & Hardy (Lot 1)
58,160 sf Future Allocation
(see Deed Restriction)
David Altman (Lot 3)
47,644 sf Future Allocation
(See Restrict Pending)
Unallocated (Future) -0- sf
Total 327,524 sf

• Page 3 April 10,.2007
Notification of Property Sales
The following tracts from the previously permitted drainage area have been
conveyed;
LW t
613/04 T-FW B-1 to East Carolina Bank Site Plan and Permit Application
8/12/05 �t 1-A to Dr. Shanie Covert
6/28/06 Lot 3 to David Altman
Imoo Lot 1 to Brantly, Riddle, Jenkins,
HaFdy & Hardy
pending.
Site Plan and Permit Application
submitted in Jan. 2007.
Site Plan and Permit Application
pending.
Site Plan and Permit Application
pending.

11M r . 4. CUU4 d; ladr'I11 USHED W1LMINV I UN N0. 409 P. 2
U-S. ARMY CORPS OF ENGINEERS
NiUMINGTON DISTRICT
Action Id.: MIA , County: rAM2M QU8d.: ,Tnakannvill& Nn h
GENERA' PERMIT (REGIONAL AND NATIO"WME) VERIFICATION
Applicant., Dr. 'Randy Sehilsky
Scher}► Chiropractic Center
312 ;Dolphin Drive
Jacksonville, NC 28546
Telephone No: 910-347-4033 Lat./Long.: 34.79306N, 77.40611W
Size and Loontiou of project (water body, road name/number, town; etc.): The 1,38 acre tract is located ot, the south
side of Western Boulevard, near the intersection vidth XCSR 1336, in headwater wetlands to Hazurnands Creak,
In Jacksonville, OUNIOW County, North Carolina.
Description of Activity: The project includes the excavation and placement of a fill material into 0.02 acres of
Jurisdictional wetiM& associated with the construction of a road crossing.
Applionble Law: ,&_ Section 404 (Clean Water Act, 33 U.S.C.1344)
(check 4 that apply) - Section 10 (River and Harbors Act of 1899)
Authorization:
See attached for terms and coadidons of this NadionwEde Permit
Your work is authorized by tb a ltzgional Qcnet'al (R(3P) or Nationwide Permit (NW?) Provided it iB'accomplished in
strict accordance '%ft the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is aheeked), before beginning work your must also receive 4 Section 401 water quallity
certification from the N.C. Deparmzent of Bnvimmment and. Natural Resources, Division of Water Quality, telephone
[phone]. For any activity withiu the twenty Coastal eouatlas, before beginning work you must contact the N.C.
Division of Coastal Matiagemmt, telephone [phone].
PIMO read and earef illy comply With the attaoW eonditi= of the R(3p or NWP. Any violation of the conditions of
the RGP or ilic M referenced above may subject ft perar tee to a stop work order, a restoration order, andlor
appropriate ]egg aotion.
This Department of the t,xmy RQP or NWP valftcatiozl does not relieve the perIittea of tho xespouaibility to obtain my
Other required Federal, State, or local, approvzb/poznrdts, The prmlittoe may need to contact appropriate State and local
agmscies before beginning work.
If there are arty questions xegardite this authorization or any of the Conditions of the General Putt or Nationwide
Pmmit, please contact ihr Corps Regt&tmy Official specified below.
Dater 1.2nna
Corps Regulatory Official: .YPTT4fPr 4_ :-Telophone No.:
BXpitation Date of VerifCMAL-q. -200 fi
op" David A. Syatox, SRO, Inc., 3973 B Market Street, NC 28403
Noelle Lutheran, NCDE'NR-DWQ WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
oRsAW Farm 591
ROYtietl Jy1Y 1Be5

MHY. 4.ebb4 3:06PM USAED WILMINGTON
NO.409 P.3
DEPARTMENT OF THE ARMY
WMKWGTON DISTMCT, COD'S OF ENGMERS
P.O. BOX 1990
wTLM TNGTON. NORTH C'AROLINA 28402-) 890
's
Permit Number: 200400702 Onslow County
Permittee: Randy Schiisky
Issuance: May 39 2004
Project Manager: Jennifer S. Tryo
'Upon completion of the activity authorized by this permit grid any mitigation required by
the permit, sign this certification and return it to the following address:
US A.>; W CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILKWGTON REGULATO,I Y FIELD OFFICE
POST OFFICE .iCE BOX 1890
WILMINGTON, NORTH CAROLIN'A 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 perm,4 and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee
Date

111H I . 4. r—VAJ4 d; utVi•i USHLU W1LMINV I ON
a� a
NO.409 P.4
NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REOISTER
AUTHORIZED MARCH IS, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill .
material into'non-'tidal waters of the United States, excluding non -tidal wetlands 04aoint 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, stormwatex 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 authored by this nationwide permit.
Residemtial developments include multiple and single unit developments, Examples of
commercial developments include retafl stores, industrial facilities, restaurants, business parka,
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 U,sted above are authorized, provided the activities meet all of
the following criteria:
A. The discharge does not cause the loss of greater than 11/21 acre of non -tidal waters of the
United States, excluding non -tidal wetlands adjacent to tidal waters;
B. The discbarge does not cause the loss of greater than 300 linear feet of a stream bed, unless
for intermittent stream beds thip criterion is waived in writing pursuant to a detatmirmdon by the
District Engineer, as specified below, that tho project complies with all terms and conditions of
this nationwide peanit and that any adverse impacts of the project on the aquatic environment are
minimal, both individually and cumulafively;
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 s1/101 acre of non -tidal waters of the United
States, exclu db g non -tidal wetlands adjacent to tidal waters; or
2. The discharge causes ftloss of any open waters, including perennial or interini,ttent
streams, below the ordinary high water nark (see Note, below), or
3. The discharge causes the loss of greater.' than 3,30 hear feet of intermittent stream, tied.
In such case, to be authorized the District Engineer must determine, that the activity complies

VIH1 . 4. e-W164 d; bljjm USHLD WILMINGTON
NO.409 P.5
with the other terms and conditions of the nWonwide permit, determine adverse
enviro=entsl effects are mbftal 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 notiftcati.on, when required, must include a
written statement explaining how avoidance and xrvnirruzatiom of tenses of waters o#'the United
States were achieved oa 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 proposai 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, linen the applicant may submit justification explaining why compensatory
mitigation should not be required for the Distract Engineer's consideration,
G. When this nationwide permit is used in ooAjunction with azy other nationwide permit, any
combined total pesznmmt loss of waters of the United States exceeding 11/101 acre requires that
the pennittee 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);
L For discharges causing the loss of 11 /101 acre or less of waters of the United $Wes, the
permutes must submit a report, within 30 days of completion of the work, to the District
engineer that contains the following Wbrmation. (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.,11/21 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.; Il/21 acre of emergent wetlands created on -site);
J. If there are any open waters or streams within the project area, the par ittee will establish
and maintain, to the maximum extant practicable, wetland or upland vegetated buffers next to
those open waters c►r streams consistent with General Condition 19. Deed restrictions,
ooasm Vadop easements, protective covenants, or other means of land conservation lad
preservation are required'to protect and maintain the vegetated buffers established on the project
site.
2

4.CUYJ4 d:eyrri U5HLI) WILMINGTON NO.409 P.6
Wy 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 paragrapha (fj of this nationwide permit may be
either conceptual or detailed. The wetland or upland vegetated buffer required in paragraph 6) of
this nationwide permit will determined on a case -by -case basis by the District beer for
addressing water duality 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 agricultmral purposes and the farm owner/operator used Nationwide Permit
40 to authorize activities iu 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 fbr
Nationwide Pew; 39 (i.e., the combined acreage loss authorized under Nationwide Permits 39
and 40 cannot exceed Il/2\ acre).
Subdivisions: For residential subdivisions, the aggregate total loss of waters of Unites States
authorized by Nationwide Permit 39 cannot exceed\1/2\ acre. This includes any loss of waters
associated with development of individual subdivision lots. (sections 10 and 404)
Note: Areas wheze wetland vegetation is not present should be determined by the presence or
absence of au ordinary bigh water mark or bed and bank. areas that are waters of the United
States based on this criterion would require a Pre-CGnatruction Notifeation (PCN) although
water is inf'requentlypresent in the stream, channel (except for ephemeral waters, which do not
require PCNs udder paragraph (c)(s), above; however, activities that result in the loss of greater
thanll/10\ acre of ephemeral waters would require PCNs under paragraph (e)(1), above) are
determined by the presence or absence of an ordinary high water mark or bed and back. Areas
that are waters of the United States based on this criteria would require a PCN even though water
is infiaquently present in the stream channel (except for ephemeral waters).
3

IIIN I . 4. cVJVJ4 j • LITiM9 UbHED W1LMINU I UN N0. 409 P. 7
too
The following General Conditions must be :followed in order for any authorization by a
NW to be valid:
1. Navigation. No activity may cause more than a rnmkii mal adverse effect on navigation.
2, Proper 1&4atenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety,
3. Soil Brosion 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 of high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perforni 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 workbag in wetlands must be placed on mots, or other
measures must be taken to minimise 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 shd 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 itt.the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, bas determined in, writing
that the proposed activity will not adversely affect the Wild and Scenic River desigaation, or
study status. Information on Wild and Scenic lovers 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 Manag==t, U.S. Fish and Wildlife Sarvice),
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.
4

I+. C-VjVj4 .7. IUri, I USHLU W1LMiN61 ON NO.409 P. B
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waivod (See 33 CFR 330.4(c)).
b. For NWPa 12014o 17,18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water qualify
management measures, the pmnittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of watt
quality (or the Corps determivas that compliance with state or local standards, where applicable,
will ensure no more than minhal adverse effect on water quality), An important component of
water quality management includes stormwater management that minimizes degradation of the
downstm= 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 maintenence 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 meamres or to require monitoring.
10. Coastal Zone Management. Tn certain states, an individual state coastal zone
management consistency concurrence must be obtWned or waived (see 33 CPR 330.4(d)).
11, -Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continuad
exist�noe of a threatened or endangered species or a species proposed for such designation, as
identified under the Pederal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Nor -federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affbated 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 BS.A. 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) otthe endangered or threatened species that maybe affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of fbrmal or informal consultatioxx with the FWS or NWS the District Engineer may add
species -specific regional endangered species condition's to the NWPs.
. b. Authorization of as activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the BSA. In the aboence of separate authorization (e.g., an
ESA Sectioa 10 Peetnit; a Biological Opinion with "incidental take" provisions, etc.) ftbm the
USFWS or the NMFS, both lethal and ron4ethal "takes" of protected species are in violation of
the ESA. Woraaatioa on the location of threatened and endangered species and their critical
5

In i . -4. etJVJC4 J • IVjr'PI UbHLU W1LMING I UN N0. 409 P. 9
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
Web pages at http://www.fwa.gov/r9endspp/endspp,htaal and http:# w.nfcns.no=gov/prot
roe/overview/ee.btml respectively.
12. Historic Properties. No activity that may affect historic properties listed, or e]iSible 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 perrnittee 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 requirementsthe of the National Historic Preservation
Art have been satisfied and that the activity is authorized. formation on the location and
existence of Kist uric resources can be obtained from the State Historic Preservation Office and
the National Register of Histmrie Places (see 33 CPR 330,4(g)). For activities that may affect
historic properfies listed in, or eligible for listing 4 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 indio&Wxg 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 preeonstruction nctification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 daya of the date of
receipt anal can request additional information necessary to wake the PCN complete only once,
However, if the prospective permittee does not provide 0 of the requested infbrm.ation, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commenoo until all of the requested information has been
received by the District Engineer. The prospective pe=ittee shall not begin the activity:
1. Until notified in writing by Elie District Fugineer 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 zndividtW
Permit is required; or
3. Ua.,,ess 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 Eng7meer. Subsequently, the permitteo's right to proceed under the NWP may be
raodifed, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
b. Conte&,,s of Notification: The notification must be in writing and include the
following information:
C.

MHY. 4.;dbb4 3:1OPM USPED WILMINGTON NO.409 P.10
1. NEme, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project'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 arty part
of the proposed project or any related activity. Stretches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when providers result is a quicker decision.);
4. Fox 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 weilanda, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexea (see
paragraph 13(f));
S. For NWP 7 (Cutfall Structures and Maautermcc), the PCN must include
information regarding the original design capacities and eonftgmadons of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For ISM 14 (Linear Transportation Proj cots), the PCN must include a
compensatory mitigation proposal to offlet pexzanent: losses of waters of the US and a statement
describing how temporary losses, of waters of the US will be mihl +red to the maximum extent
practicable;
7. For NW 21(SurPe' Coal Mini ag Activities), the PCN must include an Office
of Surfhee 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 ter= and
conditions of the NWP and that the adverse environmental effects are znimmal 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 w'11 be reverted by the pezmittee;
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 personalreddenae
of the pem-Attee;
iii. A description of the entire parcel, including its adze, and a deline4on of
wetlands. For the purpose of this NWP, parcels of land measurlug 11/41-acre or less will not
7

in i . +. GYJYJ4 3• llh'll UbHtll WILMING ON NO. 409 P.11
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
11/41-acre is size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps, (See paragraph 13(�);
:iv, A written, description of all land (including, if available, legal, descriptions)
owned by the prospective pmmittee and/or the prospective pernlittee's spouse, wift a one mile
radius of the parcel, in any fbrm of ownership (including any land owned as a partner,
corporation, joint tenant, co -tenant, or as a tenant -by- the-orgirety) 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
puttee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-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
hood control protection or drainage is not increased;
v. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Constraoticn, Access, and Dewatering), the PCN must
also include a restoration plan of reamnable measures to avoid and mi imke adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Eugineer explaining how avoidance and minimization for losses of waters of the Us
we're achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
Proposal to offset lasses of waters of the US or justification explajn� why compensatory
mitigation should -not be required. For discharges that cause the loss of greater than 300 linear
feet o� 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 oumulatively, and Waive the limitation
on streams impacts in writing before the pezmittee may proceed;
14. For NWP 40 (Agricultural Activities), die PCN must include a compensatory
mitigation proposal 'tO ofbet 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 contracted in intermittent nontidal streams, the
8

11H I . 4. C-MV4 J. IIM1 USHED W1LMINV I ON
NO.409 P.12
District Engineer waives this criterion in writing, arse,, the District Engineer has determined that
the project complies with all ter= 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
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 streams bed, to be authorized, the District Engineer must deteixnine that the activity
complies with the other terns and conditions of the NWP, determine adverse enviromaental
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 (Miming 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 complywiththe ctiteda, 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 roeklmineral mining activities);
17. For activities that may adversely sect Fedemlly listed endangered or ,
threatened species, the PCN must iuclu& the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
1 S. For activities tlut 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. Forst of Notification: The standard Individual Permit application form (Form ENa
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 dew=ine whether the activity authorized by the NWP will result in more
than minimal indirdual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective pwwittee 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 detat�in' whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District B,ugineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, 4a considerlug mitigation,
the District Engineer will notify the pmrmittee and, include any conditions the District Engineer

IT IT . 4. i=UU4 J; IdfIrl USHLV WILMINGTON NO. 409 P. 13
deems necessary. The District Engineer must approve: any eompmrsatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal msy be either conceptual or
detailed. If the prospective permittee elects to sribrnit a compensatory mitigation plan with the
PM the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engbeer must review the plan. within 45 days of receiving a complete PCN and
determine wheftt the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. rf the net adverse effects of the project on
the aquatic enviromnent (after consideration of the compensatory mitigation proposal) are
determined by the District Engium to be minimal, the District Engineer will provide 4 timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NW.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal; then the District Engineer will notaif� the applicant either:
1. That the project does not qualify.for authorization under the NWP and instruct
the applicant on the procedures to seek authorization afnder 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
I 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 mini al 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
spocifio mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to thermal 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 NV?s 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 11/21-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, $PA, State
Historic Preservation Officer (SIPO), and, if appropriate, the NNTS). With the cxoeption of
N iT 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or lax the District Engineer notice that they intend to provide substantive,
10

i ,n I - 4. cVJer•+ _). 1Gr11 uSHLV W1LI.111yb I UN NO. 409 P.14
site -specific comment$. 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 Bngineer
will My 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)(D) of the Magnuson -Steve Fishery
Conservation and Management Act, the District Engineer will provide a response to 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.
f. Watland 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
01/41-acre in size). The permittee may ask the Corps to defeats the special aquatic site. There
may be some delay if the Corps does the delineation, Furthermore, the 45-day period will not
start ura the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every pormittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed worse and any required
mitig4om The certifications will be forwarded by the Corps with the authorization letter and will
include:
IL 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 permiitee 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 i& prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the MVP with, the highest specified acreage limit
(e.g. if a road crossix:g 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 11/31,acre) .
16. Water Supply Intakes, No activity, including structares 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 stmotures
or adjacent bank stabilization
17. Shellfish Beds, No activity, including structa,7es and work in navigable waters of the US
xI

VIM I . 4. GYJVJ4 J• IZJrVI USHLU WILMIN6 1 UN N0.409 P.15
r
or discharges of dredged or fat maternal, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellf sh harvesting activity authorized by
NWP +4.
18, Suitable Material. No activity, including strictures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable acnaterial (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).
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 axe more than minimal.
a. The project must be designed and constructed to avoid and amit imize adverse effects
to waters of the US to the maximum extent practicable at the project Site (i.e., on site).
b. Mitigauon in all its forams (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent accessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a mfiAmum 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 pref6rance for restoration of wetlands as compensatory mitigation, with
preservation used only in, exceptional circtunstanees.
d. Compensatory mitigation (Le., replacement or substitution of aquatic resources for
those impacted) will not be used to iacreaase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, 11/41-acre of wetlands connot be created to charge a,13/4\aere
loss of wetlands to a \l/2\-scare loss associated with NV? 39 verification. However, 11/2\-4=e of
created wetlands cau be used to reduce the impacts of a 11/2Vacre loss of wetlands to the
mmunum impact level in order to ineet the rninhnal impact requirement associated with NWPs,
e. To be prwticable, the mitigationt 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 proeet; establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as Ovams; and replacing losses of aquatic resource functions ,and
values by creadfig, restoring, enhancing, or preser i ng 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 establisbment, maintenance,and legal protection
12

,'in I , 4. eejr.+ z- iirm UbHtU W1LMiNG I UN N0. 409 P.16
(e.g., ewements; deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buff= wfli be the only compensatory mitigation required, Vegetated buffers should consist of
native species. The width of the vegetated buffers wired 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 strmam, but the Distract 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 detenrine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
exivironmeat or, a watershed basis, In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mi•:zgation 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, them the Corps
will condition the verilloation to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the Us.
I Permittees may propose the use of mitigation banks, in -lieu fee arrangements or
separate activity-speei,f c compensatory mitigation. la 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 strucrzes and work in navigable waters of the
U3 or discharges of dredged or fill material, in spawning areas during spawning seasono must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantialturbidity) of an important spawning area are
not authorized.
21. Manage ent.of Water Flows. To the maximum extent practicable, the activity must be
designed to mainta..n preconstru.ction downstream flow conditions (a.g., location, capacity, and
flow rates). Furthermore; the ktivity must not permanently restdct or impede the passage of
aorm.al or expected high, #lows (unless the primary pu m, ose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high stows. The
activity must, to the maximum extent practicable, provide for retauung excess flows from the
site, provide far maintaining surface flow rates from the site similar to preconstructi,on
c6nditk as, and provide for not increasing water flows .irons the project site, relocating water, or
redirecting water flow beyond preconst=don conditions. Stream channelizing will be reduced to
the minimal amounts 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 pant of a larger systom 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 oUIy applicable to projects that have the potential to affect water lows.
While appropriate rmeas=s must be taken, it is riot necessary to conduct detailed studies to
1.3

If. CUU14 i. ijrn USHLU W1LMINv I UN N0. 409 P.17
identify such meastim or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Ef tbcts From Impoundments. If the activity creates an impoun m gmt of water,
adverse effects to the aquatic syst= due to the acceleration of the passage of water, and/or the
restricting its flow shall be m; nizaff ed to the maximum extent practicable. This imoludes
structures and work in navigable waters of the US, or discharges of dredged or :ill material.
23, Waterfowl Breeding Areas. Activities, including structures and work in Navigable
waters of the US or discharges of dredged or fll1 material, into breeding areas for migratory
waterfowl must be avoided to the maximum, extent practicable.
24. Removal of Temporary Fills, Any temporary fills must be renroved 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 enviroamental or ecological signafieasnce and identafred
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
axe 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, iucluditig wetlands adjacent to such
waters. Discharges of dredged or ,till materials into waters of the US may be authorized by the
above NWPs in National Wild end 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 speoies if the activity complies with General Condition I mrad the
USFWS or the NMFS has concurred in, a determination of compliance with thi's condition.
b. For NWPs 3, 8,10,13,15, 18,19, 22, 23, 25, 27, 28, 30, A 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 Xmpaets
to the critical resource waters will be no more than minimal.
26. Fills Withl.100-Year Floodplains, For purposes of this General Condition, 100-year
fl.00dplaim will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved looal"floodplairl maps.
a. Discharges in, Floodplazu; Below Headwaters, Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
14

I'IH I . 4. CVJVJ4 d; 14MI USHED W1LM1NGTON NO. 409 P.18
resulting in permanent above -grade fills, are not authorized byNWPs 39, 40, 42, 43, and 44,
b. Discharges in Floodwaay; Above Headwaters. Discharges of dredged or fill material
into waters of the 'US wift the FEMA or locally mapped floodway, resulting in peurm,anent
above -grade fills, are not authored 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
modification or revocedou 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 uuderr contract to
commence within the verification period, the work roust be completed by the date determined by
the Corps.
For projects bat 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 INFOR IATION
1. District Engineers have authority to determine if an activity complies with the tetras and
conditions of a NWP,
2. Nis 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 injtuy to the Property or rights of others.
5. NWPs do not authorize interference with any existiAg or proposed Federal project,
bEFMT ()IS
r Manta errient cti r �BMPs); Blv2s are policies, practices, procedures, or structures
Implemented to mitigate the adverse euvitonmental affects on surface water quality resulting
from, development. 33WS are categorized as strectural or nonstructural. A BAR policy may
affect the limits on a development.
7.5

i in i . 4 - GCIYJ4 .3. 14r1'I UbHtU W1L1" II Rv I UN NO. 409 P.19
Comae-MtorvMltf tfon; For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhaatcer 4 or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources fbr the purpose of compensating for unavoidable adverse impacts,
which rmmain, after all appropriate and practicable avoidance and m;rim;'adon has been
achieved.
Creation: The establisbme t 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 f h odoxta.
Enhemeral Stream: An ephemmeral stream has flowing water only during'and for a short duxation
after, precipitation events in a typical year, Ephemeral stream, beds are located above the water
table year-round, Grotmdwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow,
Farris Tract; A uWt of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood F`r i'nze: That pordou of the 100-year floodplain, outside of the floodway (often referred to
as `Toodway fringe").
doodWv: The area regWated by Federal, state, or local requirements to provide fapr the
discharge of the base flood so the cumulative increase in water surface elevation is no more tt=
a designated amount (not to exceed one foot as set by the National Flood Insurance Pmg )
within the I00-year floodplain.
kdogadot-Wk; A test to dete m=' what oonstitates 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 oomMoted even if the other phases were not built can be
considered as separate single and complete projects w}th independent utility.
Mt9Mlttent 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 lowing water. Runoff from minfall is a supplemental source of water for stern flow.
doss o waters otth� Watery 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-graAde, or below -grade
fills that cl.a,nge an aquatic area to dry land, increase the bottom. elevation of a waterbody, or
16

1 11„ . t. f-ul," .3• 1JM*1 uR3HLU W1LI•Ill`Ib I UI`1 NO.409 P. 20
Change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measur meat of the impact to existing waters for detemnining whether a project may qualify for a
NW; 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 precdnstruction contours and elevations after construction,
are not included fn the txteaMA=eat of loss of waters 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 detenniuing 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. Aquatic
vegetation within the area of'stmxHng 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. Por the purposes of the N'WPs, this term does not include ephemeral
waters.
leer_ naiad 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.
Perraanent..4bove- ad�'ll: A discharge of dredged or fill material into waters of the US,
including wetlanda, 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 NWP9 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.
Preservad0tl may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Mt rulers: Re-establishment of wetland and/or other aquatic resource characteristics and
functions) at a site where they have ceased to exist, or exist in a substantially degraded state.
$( Fool Qr¢,elex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics,, The rapid
movement of water over a course substrate in riffles -results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper area$ associated with riffles. A
slower stream.veloczty, a streaming flow, a smooth surface, and a finer substrate characterize
pools,
17

MHY. 4.deb4 :3:1bHM USAED WILMINGTON NO.409 P.21
Siia de and CoMpletePrejec The term "single and complete project" is defined at 33 CFR
330.2(i) 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" (Le., a single and complete crosshW will apply to
each crossing of"a separate water of the US (i.e., it single waterbody) at that location. Au
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each creasing is considered a single and complete project, However, individual
channels in a braided stream or river, or individual arms of a largo, irregularly shaped wetland or
lake, eto., are not separate waterbodies.
tQM-W4ter Maria me t; Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water duality degradation and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
&Or/9IM er MaraWerraent P'actgftfep: Stomwater 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 ofautrients, sediments, hazardous substances and other pollutants) of st mwater
runoff
S earn Chansaeltaatdan; The manipulation of a stream chzmel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities tlrat change the stream cross -sections or, other aspects of stream
channel geometry to increase the rate of water flow through the stream ohanrW, .A cbaunelized
stream rains a water of the US, despite the modigeations to increase the rate of water flow.
V-4-41 Wettand. 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 fbuud at 33 CFR 328.3(b) and 33
CFR, 328.3M, respectively, Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sml. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masldng by other waters, wind, or other effects. Tidal wetlands are located channelward of the
.high tide line (Le., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring ]sigh tides.
e ated B ffer., 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 laud.
Vegetated buffs 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 trues, .shrubs, and
herbaceous plants on laud next to openwaters. Mowed lawns are not considered vegetated
buys because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated bufts 1 a method of compensatory mitigation that can be used in
is

III T . 4. CULIY4 lbrl'I USHLU W1LMINV I UN N0. 409 P. 22
conjunction with the xestoaration, creation, enhancement or preservation. of aquatic habitats to
ensure that activities Authorized by NWPs result in rWni nal adverse effects to the aquatic
environment. (See General Condition 19.)
& ' tat Sha ; Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
They are areas that are pernmemtly inundated and under normal circumstances have rooted
aquatic vegetation, such as seagruses in marine and estuarine systems end a variety of vascular
rooted plants in freshwater systems.
A waterbody is any area that in a no=aY year bas water flowing or handing 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.
�_... n,_r__. !� _M�4: a�' .tea + .. a �V� ' '��It
WMAIMGTON DISTRIC
1, Waters $xcludcid fmm, NWP or Subject to Additional Notiffcat im Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters
ax'e:
l . Discharges into Waters of the United States designated by either the North Carolina
Division of Maxine Fisheries (NCDW) or the North Carofta. WildIM Resources Commission
(NCWRC) as anadrmnous fish spawning area are prohibited during the period between February
15 and June 3 0, without prior written approval from NCD� or NCWRC and the Corps,
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited duivig the period between February 1 and June 30, without prior written approval
from tho National marine Fisheries service (.NWs).
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 roust comply with Nationwide Pemadt general Condition 13, in addition, the
applicant must ihrnish a written statement of compliance with all of the conditions of the
applicable Nationwide Pezmit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource VTaters" (ORW) and 17DA Quality raters"
(HQW) (as defined by the North Carolina Division of'Fater Quality), or `Taland Pranazy
Nursery -Areas" (Il'NA) (as defined by the North CaroEna 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),
19

MHY. 4.eUU4 3:16PM USAED WILMINGTON
NO.409 P.23
2. Applicants for any NWP in a designated "Area of Environmental Conce&' (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 rewired CAMA permit CouMetion
activities may not commence until a copy of the approved CAMA 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 authogizationn to begin work.
3. Prior ,b 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
pem-dt.
4. Prior to the use of any NWP in a -`Mountain or piedmont Bog" ofNorth Carolina,
applicants shall comply with. Nationwide Pmmit 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, "Classif cation of Natural communities of North Carolina (Michael P. Schafele and
Alan S. Weakley,1990), are subject to this regional condition.
Mountain Bow Piedmont BQM
Swamp Forest -Bog Complex Upland Depression Swamp Forest
Swamp Forest -Dog Complex (Spruce Subtype)
southern. Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Pen
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, lu addition, the applicant shall fuurnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notifleation will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission-(NCWRC), the
location of work, a delineation of wedands, a discussion of alternatives to working iu the
Mountain Trout Waters, why other alternatives were riot selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
6icilitate eooMl neon 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 A.she Avery Yancey
Buncombe Burke Caldwell Wilkes
20

I•in L . 1.+. GVJIIJ-+ .7. 1 f r n UbHLI) W1L1111 Il, I UI`I NO. 40y N, ;J4
Cherokee
Clay
Cirahani Swam
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 sedithent from an area closed to shell fishing where the effluent may be released to
an area open for shell fighting 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 April 30 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, a swim
advisory shall be posted and a press release shall be made. NCDENR Sbellfish 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 ofperemiW streambed or intermittent
streambed that exhibits important aquatic ha ction(s).
b. Prior to the use of any NWP' (except 13, 27, and 39) fbr any activity that has more thari a
total of 1.50 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 fiunish a written
statement of coraplimoe with all of the conditions lasted of the applicable NW. Compensatory
Witigation 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 hive specific reporting requirements,]
e. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent Iive or fresh concrete, including bags of uncured concrete,
from coming into .contact with waters of the state until the concrete has harmed.
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 Nortli
Carolina waters.
e. For all N"s that itavolve the constnaction bf culverts, measures will be included in the
constrtaction that will promote'the safe passage offish and other Nuatic org=' '=a, '
All culverts in the 20 CAMA, cbastal counties must be buried to a depth of one root below the
Re
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Odran bziad
�t>
lot Vgrop iaie
Stamm depth
8ottem

MAY. 4.2004 3.17PM USAED WILMINGTON NO.409 P.25
bed of the stream or wetland. For all culvert constructiou activities, the dimension, pattern, aud
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 sixe m. 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, eftaverts must be buried below the bed of the stream to a depth
equal to or greater then 20 percmt of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver iiom the depth specifications in this Regional Condition may be
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 aquade
®nvironment,
3. Additional Regional Conditions Applicable to this Nationwide Permit
& Discharges in wetlands and in permnial streams for storrnwater management fk4lities 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, coammercial,
or institutional dVelopmont can be authorized by this NWP.
NORTH CAROLINA IDWSYO A_UR QUALITY
GENERATE CERTIECATION CONDITIONS
For the most resent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Cerficadon'Unit at (919) 733- 1786 or access the following website:
http:/lh2a enr state nc oh,c+urPfjandg/
NORTH CAROLIlVA DIVISION OF COASTAL MANAGYi'Mr"NT
STATE CON ISTENCY'
Consistent.
Citations:
2002 Nationwide Permits � Federal Register Notice x s Jai 2002
2002 Nationwide P=Ats Corrections . Federai Register Notice 13 Feb 2002
2002 Regional, Conditions -- Authorized 17 May 2042
22

�•���� j•VJrrri USAED WILMINGTON
N0.409 P.1
FACSVILA TUNSMIT AL HEADER EFIEET
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DATE -TIME
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JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING • LAND PLANNING • MAPPING
CIVIL ENGINEERING
OFFICE: 910-346-9800
FAX: [phone]
E-MAIL: [e-mail]
P.O. Box 1685
Jacksonville, NC 28541
'February 26, 2004
Ms. Jennifer Frye
U.S. Army Corps of Engineer
P.O. Box 1890
Wilmington, NC 28402-1890
Re: -Lot 2 Division of Randy Schilsky & Wife Suezen
Map Book 45 Page 53 — Onslow County Registry
Dear Ms. Frye:
409Johnson Blvd.
Jacksonville, NC 28540
I am writing on behalf of Randy Schilsky, owner of the above referenced property.
Previously, there was a fill permit obtained for WJR Properties who had signed a contract
to buy a portion of Lot 2 as shown on the attached map. I have enclosed for your review
a copy of the "Submittal for fill permit from Mitchell and Associates Inc.", a copy of the
"Purchase Agreement with Schilsky and WJR Properties LLC" and a copy of the
"General Permit" issued.
The contract between Schilsky & WJR Properties was terminated and there is a new
buyer involved (East Carolina Bank). However, the bank had required an additional
twenty five foot (25') strip located along the left side of the property as revised on the
enclosed recorded map. We are requesting for an additional wetland fill arca of six
hundred eighty one- square feet (681 s.f.) as shown on the attached `preliminary layout'
for East Carolina. Bank.
Should you need any additional information to grant this request, please do not hesitate to
contact me,
Sincerely,
John L. Pierce
JOHN L. PIERCE & ASSOCIATES P.A.
Jp/bb
Encl.
LOTS, FARMLAND AND WOODLAND SURVEYING • SITE PLANNING • SUBDIVISION LAYOUT • LAND DEVELOPMENT PLANNING
CONSTRUCTION SURVEYING • TOPOGRAPHIC SURVEYING AND MAPPING
Phase i Environmental Audit / Risk Assessment

LU
_ xch
~ ,COMPANY
December 29, 2003
REAL ESTATE
Dr. Randy Schilsky
SCIRLSKY CHIROPRACTIC CENTER
312 Dolphin Drive
Jacksonville, N. C. 28546 VIA: UPS OVERNIGHT MAIL
RE: EAST CAROLIIVA BAAW SITE PLAN
Dear Randy,
Per your request, please find enclosed a copy of the preliminary site plan for The East
Carolina Bank branch in Jacksonville.
As we discussed, please do not begin any work until your site contractor and Titan
Atlantic soil engineers have agreed on a plan of action and Titan has been notified of the
commencement date for the work to be done.
If you have any questions at all at any time, please feel free to call me. I hope you are
doing okay and that you have enjoyed a safe and Merry Christmas. Best wishes for a
.,, prosperous New Year. With kindest regards,
Since ours,
CAdles M. Phillips
REALTOR
CMP/sf
ENCLOSURE
of �`
6
1468 Carolina Ave.
FAX [phone] Washinoton. Nnrth rnrnlina 97S;Rq Phn— iocm nna_onn+

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