20131211 Ver 1_401 Application_20131113

20131211
LMG
LAND MANAGEMENT GROUP mc.
Environmental Consultants
November 15'', 2013.
TO: Ms. Emily Greer
U.S. Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
RE: Nationwide Permit 18 Application
East Front Street Lot; New Bern, NC; Dan & Jean Garner
Action ID# SAW- 2013 -00775
Dear Emily:
COURTESY
On behalf of Dan and Jean Garner, I have enclosed a NWP 18 application for your
review. The Garners plan to construct a single - family home within the site. Although they have
attempted to minimize wetland disturbance through careful site design, the proposed project will
impact 0.075 acre of 404 wetlands. No mitigation is proposed in this application because impacts
are so small.
The Pre - Construction Notification form, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sinc ely,
-
Kim Williams
Environmental Scientist
Encl.
Cc: Dan & Jean Garner
Mr. Erick Cooper
Ms. Amy Adams, NC DWR
Ms. Jennifer Burdette, NC DWR
NOV ?02013
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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20131211
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
•
1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number.
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
® Yes ❑ No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
Yes
❑ No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
East Front Street Lot; New Bern .
2b. County:
Craven County
2c. Nearest municipality / town:
New Bern
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
D. Lippit, LLC
3b. Deed Book and Page No.
3143 0756
J NOV
2) © 20113
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
122 BROOKWOOD AVE
WILMINGTON, NC 28403 .ftmm-K-Amach
ALIN
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner):
4a. Applicant is:
❑ Agent ® Other, specify: Buyer
4b. Name:
Dan & Jean Garner
4c. Business name
(if applicable):
4d. Street address:
505 Metcalf Street
4e. City, state, zip:
New Bern, NC 28560
4f. Telephone no.:
(301) 332 -2591
4g. Fax no.:
4h. Email address:
S. Agent/Consultant Information (if applicable)
5a. Name:
Kim Williams
5b. Business name
(if applicable):
Land Management Group, Inc.
5c. Street address:
3805 Wrightsville Avenue, Suite 15
5d. City, state, zip:
Wilmington, NC 28403
5e. Telephone no.:
(910) 452 -0001
5f. Fax no.:
(910) 452 -0060
5g. Email address:
kwilliams @Imgroup.net
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Portion of 8- 003 -243 (to be subdivided)
Latitude: 35.112959 ON Longitude: - 77.037804 °W
1b. Site coordinates (in decimal degrees):
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
0.32 ac
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Neuse River
proposed project:
2b. Water Quality Classification of nearest receiving water:
SC; Sw; NSW
2c. River basin:
Neuse River
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: Site is undeveloped and forested. Adjacent land use is mostly residential.
3b. List the total estimated acreage of all existing wetlands on the property:
—0.2 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Neuse River forms northeastern property boundary.
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct a single family residence within the site.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project area will be cleared. Fill material will be brought in and the house pad will be graded. Utilities will be installed.
The driveway and house will then be constructed.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known):
Avolis Engineering
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Ms. Emily Greer with the ACOE issued a JD for the site on October 10, 2013 (SAW - 2013 - 00775).
S. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ® P ❑ T
Fill for house
Riparian
® Yes
❑ No
® Corps
® DWQ
0.075
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.075
2h. Comments:
3. Stream Impacts NIA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P [IT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 [:]POT
❑ PER
❑ Corps
[:11 NT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts: NIA
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 []POT
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction: NIA
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 Stormwater
P2
5f. Total
5g. Comments: See attached site plan for details
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ): NIA
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number — Reason
Permanent (P) or for
61 ❑P [IT
B2 ❑P ❑T
B3 ❑P ❑T
6i. Comments:
❑ Neuse ❑ Tar - Pamlico ❑ Other:
❑ Catawba ❑ Randleman
6e. I 6f. I 6g.
Buffer Zone 1 impact Zone 2 impact
Stream name mitigation (square feet) (square feet)
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Wetland impacts have been minimized as much as possible in the design of the project. The applicant has requested a
variance from the City to construct the home inside the front setback in order to reduce wetland impacts. However, the
extent of wetlands on the site still requires a small amount of fill. The applicant has avoided the 75' CAMA AEC and the
50' Neuse buffer.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be utilized during construction to minimize sediment moving into adjacent wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank: NIA
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program: NIA
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
N/A
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
N/A square feet
4e. Riparian wetland mitigation requested:
N/A acres
4f. Non - riparian wetland mitigation requested:
N/A acres
4g. Coastal (tidal) wetland mitigation requested:
N/A acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan: NIA
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required. N/A
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
NIA
6h. Comments: NIA
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes No
Comments: Project is adjacent to buffers, but they have been avoided.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
-21%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
Project is below threshold for stormwater requirements.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review: NIA
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review: NIA
❑ Coastal counties
❑ HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review: N/A
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form -Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Project will not provide utilities or access to adjacent tracts.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
House will tie into City of New Bern treatment system.
Page 9 of 10
PCN Form —Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally
protected species were noted on or within a one mile radius of the site. However, rare marine mammals and fish may be
located within the Neuse River. The proposed project will not affect any rare species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
FS Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. The section of the Neuse River that is adjacent to the site is classified as EFH for snapper grouper. No HAPC
were identified adjacent to the project site.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. No structures are currently on the property, but the site is located within the New Bern
Historic District.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain.
Kim Williams
11115/2013
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10

F
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AGENT AUTHORIZATION FORAM
TO WHOM IT MAY CONCERN:
IA%v, the undersigned, hereby authorize Land Management Group. Inc. to act as our agent in the
preparation and representation of information related to the Section 4041401 permit application
for the lot located off of E. Front Street in New Bern, NC (portion of 5- 003 -243). All questions
in regards to this project should be directed to Land Management Group, Inc.
Sincerely
Print Narne
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40 -13- 247 3805 Wrightsville Avenue
Wilmington, NC 28403

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November 2013 Fax [phone]
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Wilmington, NC 28403

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Phone: [phone] •1.866.1-MG.1078
November 2013 Fax [phone]
40 -13 -247 3805 Wrightsville Avenue
Wilmington, NO 28403

THIS PROPERTY IS LOCATED WITHIN
A SPECIAL FLOOD HAZARD AREA
FLOOD ZONE--------------------- AE
BASE FL000 ELEV ... 8'
FIRM MAP ........ 3720558000J
EFFECTIVE ........ JULY 2. 2004
ADJOINER'S HEAD
ALONG PROPERTY
THOMAS B. BRUNJES
2433/0317
0.075 ACRES
OF WETLANDS
TO BE FILLED
ELLEN J. SLITUFF
3135/0153
1.5' PINCHED PIPE
TIN WATER NEUSE RIVER
S311YVE 12.11' 4`" 41
01.
531'2S'22-E NIPS 53439.18'1:
=63 MHW PS 25T M NPS
SIR
I
AREA WITHIN LOT
1^ p, 14.156 SO. FT.
0.32 ACRES i
EXCLLRXNG " 0
WPAWRM BUFFER r
WIE, ANDS II
—1— w 1M—m_ — I 75' CAW AEC
I
1
Dam
L {
25' MUM SETBACK
J!
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ye
s
i
VICINITY SKETCH
NOT TO SCALE
LINE TABLE
LEGEND
LINE
® OP
EXISTING IRON PIPE
(DIST) DISTURBED
® EIR
EXISTING IRON ROD
ZONE 1 30' RIPARIAN BUFFER
• EPK
EXISTING PK NAIL
ZONE 2 20' RIPARIAN BUFFER
LD CMF
EXISTING CONC MONUMENT AEC A ENVIRONMENTAL
e SIR
SET IRON ROD
CONCERN
• NPS
NO POINT SET
MHW APX. MEAN HIGH WATER MARK
EDP
EDGE OF PAVEMENT
— — ADJACENT PROPERTY LINE AND OLD LOT LINE
R/W
RIGHT OF WAY
SURVEI'ED LINE
® WF
WERAND FLAG
- - - -- RIPARIAN BUFFER / CAMA AEC LINE
THIS PROPERTY IS LOCATED WITHIN
A SPECIAL FLOOD HAZARD AREA
FLOOD ZONE--------------------- AE
BASE FL000 ELEV ... 8'
FIRM MAP ........ 3720558000J
EFFECTIVE ........ JULY 2. 2004
ADJOINER'S HEAD
ALONG PROPERTY
THOMAS B. BRUNJES
2433/0317
0.075 ACRES
OF WETLANDS
TO BE FILLED
ELLEN J. SLITUFF
3135/0153
1.5' PINCHED PIPE
TIN WATER NEUSE RIVER
S311YVE 12.11' 4`" 41
01.
531'2S'22-E NIPS 53439.18'1:
=63 MHW PS 25T M NPS
SIR
I
AREA WITHIN LOT
1^ p, 14.156 SO. FT.
0.32 ACRES i
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I
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L {
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NOT TO SCALE
LINE TABLE
"A" TO "B" ALONG WETLAND
LINE
LINE
LENGTH
F BEARING
L1
22.92'
S31'09'45E
L2
59.92'
S59.40'08E
L3
126'
S30'25'48 E
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DEED BOOK 382 PAGE 130
DEED BOOK 1138 PAGE 465
DEED BOOK 811 PAGE 387
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Witness my hand and seal q'hij /1 EG��.�`�`,
7th day of NOVEMBER, 2013.
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Kendall E. Gaskins, PLS L -3824
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SETBACKS
FRONT - 2W
Em SIDES - 8'
1. THIS PROPERTY IS CURRENTLY ZONED RB REAR - 25'
2. AREA BY COORDINATES.
3. PROPERTY LINE ALONG NEUSE RIVER IS THE APPROXIMATE NORMAL HIGH WATER MARK.
4. THE NEUSE RPO IS SUBJECT TO THE DIVISION OF WATER QUALITY BUFFER RULES AND
ALL REGULATOR BUFFER'S SHOULD BE VERIFIED BY BY M.
PLOT PLAN FOR
DAN & JEAN GARNER
BEING A PORTION OF
PARCEL: 8- 023 -243
CITY OF NEW BERN
NUMBER 8 TOWNSHIP
CRAVEN COUNTY
NORTH CAROLINA
SCALE 1" = 30'
GASKINS LAND
SURVEYING, P.A.
PROFESSIONAL LAND SURVEYING
PO Box 354 Phone: 252 - 244 -0599
Vanceboro. NC 28586 Fax: 252 - 244 -5899
13 -0063

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2013 -00775 County: Craven U.S.G.S. Quad: Lower Neuse, NC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Ms Anna Lippett Ropers
Address: #2 Thoreau Road
Acton, Massachusetts 01720
978.263.8004
Property description: The undeveloped, wooded property is surrounded by development and is connected to the Neuse
River. The Property owner wishes to confirm the jurisdictional status of potential 404 wetlands on the property.
Size (acres) 1 Nearest Town New Bern
Nearest Waterway Neuse River River Basin Neuse River
USGS HUC Lower Neuse 03020204 Coordinates N35.1131; W77.0375
Location description: The property is located at the corner of East Front Street and King Street in downtown New
Bern, Craven County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may
request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may
provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
x The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 10 October 2013 . Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Ms. Emily Greer at910- 2514567.
C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation
Manual and is adjacent to the Neuse River, a know TNW.
D. Remarks None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 8 December 2013.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. **
Corps Regulatory Official:
Date: 10 October 2013 Expiration Date: 10 October 2018
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit ho: // pert .nwp.usace.army.mil /survgy.html to
complete the survey online.
Copy furnished:
Mr. Joe Avolis, by email