20150217 Ver 1_401 Application_20150215

JMcGill
A S S O C I A T E S
February 20, 2015
NCDENR — Division of Water Resources
Wetlands Branch — Water Quality Programs
401 & Buffer Permitting Unit
512 North Salisbury Street
91" Floor Archdale Building
Raleigh, North Carolina 27604 -1170
RE Lenoir Building Supply Sewer Replacement
Pre - Construction Notification
City of Lenoir, North Carolina
Dear Sir or Madam
On behalf of the City of Lenoir, please find enclosed for your review and approval the
Pre - Construction Notification for the subject project The following documentation is included
• Two (2) copies of the Pre - Construction Notification Form
• One (1) Check in the amount of $240 00 for the application fee
• One (1) Exhibit showing the location of the proposed stream disturbance
• One (1) Exhibit showing the previous issued 404 Permit
• One (1) Exhibit showing the project area on a USGS topo map
• One (1) Exhibit showing the project area on a reduced size FIRM map
• One (1) copy of the topographic map showing project location
If you have any questions or require additional information regarding this application,
please feel free to contact our office at 828 - 328 -2024
Sincerely,
McGILL ASSOCIATES, P A
R J MOZELEY, PE
Project Engineer
rim
Enclosures
cc Mr Radford Thomas, City of Lenoir
E n g i n e e r i n g . P l a n n i n g 9 F i n a n c e
McGill Associates P A • P O Box 1136 Hickory NC 28603 • 1240 19th Si Lane NW Hickoill, NC 28601
Office 828- 328 -2024 • Far 828 - 328 -3870

OF W A TF9
Office Use Only //��
o 2 0 1 5 0 2 1 7 Corps actio` ID no CO) to
o < DWQ project no���
Form Version 1 3 D-c-10, 2`08
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
1�
PE��r�' a
Pre - Construction Notification PCN Form
A. Applicant Information
1
Processing
1 a
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1 b Specify Nationwide Permit (NWP) number 12 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d
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
Lenoir Building Supply Sewer Replacement
2b
County
Caldwell
2c
Nearest municipality / town
City of Lenoir
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
Bently Larkin Cowles - City Sewer Easement
3b
Deed Book and Page No
Bk 1587 Pg 486 Year 06
3c
Responsible Party (for LLC if
applicable)
W Lane Baily, City Manager, City of Lenoir
3d
Street address
840 West Avenue NW
D
3e
City, state, zip
Lenoir, NC 28645
3f
Telephone no
828 757 2200
FER
3g
Fax no
eu
3h
Email address
Ibadey @ci lenoir nc us
!410' NR 8 WATER
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
1�
PE��r�' a

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other, specify Utility Owner
4b
Name
W Lane Bailey, City Manager
4c
Business name
(if applicable)
City of Lenoir
4d
Street address
840 West Ave NW
4e
City, state, zip
Lenoir, NC 28645
4f
Telephone no
828 757 2200
4g
Fax no
4h
Email address
Ibadey @ci lenoir nc us
5
Agent/Consultant Information (if applicable)
5a
Name
RJ Mozeley, PE
5b
Business name
(if applicable)
McGill Associates
5c
Street address
1240 19`h Street Lane, NW
5d
City, state, zip
Hickory, NC 28601
5e
Telephone no
(828) 328 -2024
5f
Fax no
(828) 328 -3870
5g
Email address
rj mozely @mcgillengineers com
Page 2 of 11
PCN Form — Version 1 3 December 10, 2008 Version

B Project Information and Prior Project History
1 Property Identification
1a Property identification no (tax PIN or parcel ID)
PIN 2749665644
Latitude 35 544423 Longitude -
1 b Site coordinates (in decimal degrees)
81 324090
(DD DDDDDD) ( -DD DDDDDD)
1 c Property size
0 41 acres
2 Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
Town Creek, tributary to Lower Creek
proposed project
2b Water Quality Classification of nearest receiving water
C
2c River basin
Catawba
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
The project consists of replacement of an aged sewer collection line approx 200 -300 LF upstream of Action ID 2014-
01603 Site conditions are pre - disturbed, developed as a lumber yard in the City Limits of Lenoir
3b List the total estimated acreage of all existing wetlands on the property
0 acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
410LF
3d Explain the purpose of the proposed project
The purpose is to replace existing sewers at the end of their useful service life
3e Describe the overall project in detail, including the type of equipment to be used
Installation of new gravity sewers adjacent to existing sewer lines and related appurtenances Typical excavation and
backfill equipment to be used in linear pipe installation which will include excavators and vibratory compactors
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes ®No El Unknown
project (including all prior phases) in the pasty
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)
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version

6 Future Project Plans
6a Is this a phased project? ❑ Yes ® No
6b If yes, explain
Page 4 of 11
PCN Form — Version 1 3 December 10, 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
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
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Temporary for
S1 ❑ PMT
excavation /backfill
and utility
Town Creek
® PER
❑ INT
® Corps
❑ DWQ
5'
60'
installation
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments All stream crossings will be temporary with disturbed areas reestablished to original grade
Page 5 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4 Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑ PEI T
02 ❑P ❑T
03 ❑ PEI T
04 ❑P ❑T
4f. Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a
❑ Neuse El Tar-Pamlico El Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11
PCN Form — Version 1 3 December 10, 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Existing sewer alignment, site issues, and existing grade determined the routing of the sewer line The amount of temporary
stream bank disturbance will be restricted as much as possible by arranging crossings at a near 90 degree angle
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
The minimum width necessary for construction equipment/ vehicle passage will be disturbed Material and soil stockpiles will
not be permitted within the stream areas Disturbed streams will be restored immediately after utilities are installed
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
projects
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non - riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
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)
6h Comments
Page 8of11
PCN Form — Version 1 3 December 10, 2008 Version

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
N/A %
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why Subsurface utility
instal lation /replacement
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
N/A
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes
❑ No
use of public (federal /state) land?
lb
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 2B 0200)?
2b
Is this an after - the -fact permit application?
❑ Yes
® No
2c
If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b
If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
Lower Creek Wastewater Treatment Plant
Page 10 of 11
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?
http / /www fws gov/raleigh/species/cntylist/nc—counties html
6. Essential Fish Habitat (Corps Requirement)
6a WIII this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would Impact Essential Fish Habitat?
http / /www habitat noaa gov /protection /efh /efhmapper /index html
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a WIII 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?
http / /www hpo ncdcr gov Near historic downtown but will not Impact
8 Flood Zone Designation (Corps Requirement)
8a WIII this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ® No
8b If yes, explain how project meets FEMA requirements No permanent fill will be installed as part of this project
8c What source(s) did you use to make the floodplain determination? FIRM Map (see attached)
R J Mozeley, PE
Z — /f' f S-
Applicant/Agent's Printed Name
Date
A pplican gent'g'Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1 3 December 10, 2008 Version

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION
LOT NO PLAN NO
STREETADDRESS 1165 West Avenue
Lenoir, North Carolina 28645
PARCELID 2749665644
Property Owner Bentley Larkin Cowles - City Sewer Easement
Property Owner W Lane Bailey City Manager, City of Lenoir
The undersigned, registered property owners of the above noted property, do hereby authorize
R J Mozeley of McGill Associates, P A
(Contractor/ Agent) (Name of Consulting Firm)
To act on my behalf and take all actions necessary for the processing, issuance and acceptance of this
permit or certification and any and all standard and special conditions attached
Property Owner's Address (if different than property above)
840 West Avenue NW Lenoir, North Carolina 28645
Telephone [phone]
We hereby certify that the above information submitted in this application is true and accurate to the
best of our knowledge
Authorized Signature,-,----
Authorized Signature
Date 2 -/Z /S� Date

CITY OF LENOIR
Vendor NCDW1000 02/16/2015
NC DIVISION OF WATER RESOURCES
Invoice Number Invoice Date PO Number Account Number Description
NC DIV OF WATER 02/16/2015 60 -91- 7133 -190 PNC- STREAM CROSSD
310330
310330
Invoice Amount
24000
24000
pE LE+
N
CITY OF LENOIR
COMMUNITY ONE 310330
ti Of
PO BOX 958 - LENOIR, NC 28645
LEN NC
s6-2 - zisis31 310330
"PROVISION FOR THE PAYMENT OF THIS CHECK
x
(DRAFT) HAS BEEN MADE BY AN APPROPRIATION
0
DULY MADE, PURSUANT TO THE LOCAL
AND FISCAL CONTROL ACT"
y
GOVERNMENT BUDGET
CAgQ
VOID AFTER 90 DAYS
$ 240 DOLLARS AND 00 CENTS
� •
PAY
02/16/2015 * * * * * * ** *240.00
NC DIVISION OF WATER RESOURCES DISBURSING ACCOUNT
TO THE
ORDER 401 BUFFER PERMITTING UNIT
OF 1650 MAIL SERVICE CENTER
RALEIGH, NC 27699 -1650 rte'
11.31033011' l:053L02L9Lll:L0400468411•
CITY OF LENOIR
Vendor NCDW 1000 NC DIVISION OF WATER RESOURCES
Invoice Number Invoice Date PO Number Account Number
NC DIV OF WATEF 02/16/2015 60 -91- 7133 -190
310330
02/16/2015 310330
Description Invoice Amount
PNC - STREAM CRO 24000
CHECK AMOUNT. 24000

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID 2014 -01603 County Caldwell U S G S Quad NC- Lenoir
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pernnttee City of Lenoir / Lane Bailey
Address 801 West Ave. NW
Lenoir, North Carolina 28645
Telephone Number 828 - 757 -2200
Nearest Town Lenoir
Nearest Waterway unnamed tributary to Lower Creek Coordinates 35.913 N, - 81545- W
River Basin/ HUC Catawba
Location description The project is located within an existing easement near West Ave. NW and Harper Ave., Lenoir, Caldwell
County, North Carolina.
Description of projects area and activity This permrttee is authorized to impact approximately 3651ft of an unnamed ti ibutary
to Lower Creek to replace and repair an exisitmg culvert. The project involves removal of a 72 "X 52" CMP arch pipe culvert
and replacing it with a 95" X 67" CMP arch pipe.
Applicable Law N Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number or Nationwide Permit Number 3
SEE ATTACNED RGP or NWT GENERAL, REGIONAL, AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated August 1, 2014 Any violation of the attached
conditions or deviation from your submitted plans may subject the perm►ttee to a stop work order, a restoration order, a Class
I administrative penalty, and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide /regional authorization is modified,
suspended or revoked lf, prior to the expiration date identified below, the nationwide /regional permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide /regional permit If the nationwide /regional permit authorization expires or is suspended, revoked, or is
modified, such that the activity would no longer comply with the terms and conditions of the nationwidehegional permit, activities
which have commenced (i e , are under construction) or are under contract to commence in reliance upon the nationwide /regional
permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide /regional permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or
revoke the authorization
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Resources (telephone 919 - 807 -6300) to determine Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /pemuts
If there are any questions reJxan erification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tash 8 8- 271 -7980 e t 226 or to a.l.alexander @usace.army.m►1
Corps Regulatory Official ate September 12, 2014
lexa er
Expiration Date of Verification March 18, 2017

2014 -01603
Determination of Jurisdiction:
A. ❑ Based on preliminary information, these appear to be waters of the US including wetlands within the above described project
area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331)
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change 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
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification
D ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued Action ID SAW-
Basis for Determination:
There are stream channels located on the property that exhibit indicators of ordinary high water marks The stream channel on the
property is an unnamed tributary to Lower Creek which flows into the Catawba River The Catawba River is located in the Santee
watershed and eventually drams to the Atlantic Ocean Specifically, the Catawba River j ours the Santee - Cooper River m South
Carolina before entering the Atlantic Ocean Is a Section 10 water at the Mountain Island Lake Dam on Lake Wylie in Mecklenburg
County This jurisdictional determination is valid for the impact areas only
E. Attention USDA Program Participants
This delmeation/determmation has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request The delmeation/determmation may not be valid for the wetland conservation provisions of the Food Security
Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site If you object to tlus
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you
must submit a completed RFA form to the following address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone- (404) 562 -5137
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 within 60 of the issue date below
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence * *

2014 -01603
Corps Regulatory Official
a is Alexander
Issue Date of JD September 12, 14 Expiration Date of JD Five years from Issue Date
The Wilmington District 1s committed to providing the highest level of support to the public To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at http //regulatory usacesurvey com/
Copy furnished Matt Oettmg, McGill Associates, 1240 19th Street Lane, NW Hickory, North Carolina, 28601

2014 -01603
SPECIAL CONDITIONS
Please review the attached North Carolina Wildlife Resources Commission letter dated September 10, 2014.
Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts
48 inches or less shall be buried at an appropriate depth to maintain aquatic passage as defined in Final Regional
Condition 3.6 attached to this NWP.
Please be advised that if additional impacts to waters of the U.S., either on this property or on /adjacent to this
property and associated with this projectlactivity, are proposed at a later date, those impacts will be combined with
the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation
will be required if individual or cumulative (i e., past and present) losses or degradation of waters of the U.S. are
greater than 150 linear feet of perennial or intermittent stream channel and /or 0.1 acre of wetland. Additionally,
cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or
intermittent* stream channel, and /or 0.5 acre of wetland, will be processed under an Individual Permit. This
verification of the use of the Nationwide Permit Program for this protect does not imply that this office will
necessarily approve any future proposal to impact waters of the U.S. on this property and /or associated with this
projectlactivity.
* The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case -by-
case basis. All requests for waiver must be in writing and shall include rationale for the request.

Action ID Number. 2014 -01603 County Caldwell
Permittee• City of Lenoir / Lane Bailey
Date Verification Issued September 12, 2014
Project Manager- Tasha Alexander
Upon completion of the activity authorized by thus permit and any mitigation required by the permit, sign this
certification and return it to the following address
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.- CESAW -RG -A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Please note that your permitted activity is subject to a compliance inspection by a U S Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the
Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or
initiating other appropriate legal action
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 permit, and required mitigation was completed in accordance with the permit
conditions
Signature of Permittee Date

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.�t� `i� if(`A� F #rte s�r�f. Sfd ^i �✓a ..a °'r i✓n �}3 ar 'Yrl+i ki "+_�.a \ a 1 it �e �^`"o' %,M�t �;�n:° Y! li w
A licant City of Lenoir /Lane Bailey File Number SAW- 2014 -01603 Date. September 12, 2014
Attached is
See Section below
F11
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
_ D
F-11
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The followmg ideptrfies your rights'and options tegardmg an administfa- ttve'uppealyof the aliove °d6cisiori.
Additional i_hf6rnl t16n inay be fourid,at htt � Ip /www.usace. army -mil% Missions /Ci -i' ks %Re'ug'latoi�ProgramandPerriuts aspz
or Co sire ulatio us at 33 614 Part 3� 1:
A: INITIAL PROFFERED PERMIT: You may accept of object to the permit.
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit of acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved Jurisdictional determinations associated with the
permit
• OBJECT If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly You must complete Section II of this form and return the form to the district
engineer Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future Upon receipt of your letter, the district engineer will evaluate your
objections and may. (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the pen-nit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit
• APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer This form must be received by the division engineer within 60 days
of the date of this notice
C: PERMIT DENIAL: You may appeal the demal of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer This form must be received by the division
engineer within 60 days of the date of this notice
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information
• ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD
• APPEAL If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer This form
must be received by the division engineer within 60 days of the date of this notice

E: PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps regarding the
preliminary JD The Preliminary JD is not appealable 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
t `�-. f' S-'i
� Z'. > '4 L
� �� LL-- � i. ��.'.�'..—
«� �'
its �- ..! -!y _�' i ;a3 ✓'- -, .''�� .. _'S: e-
°i � a]t:zY SECT Ir, -' REQYJESTFOI�APPR or OB7 CT�OI�7S ;T0 T 1NI"1IAX I?X2OFFER D'1 LI21VII7 -
REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record Neither the appellant nor the Corps may add new information or analyses to the record
However, you may provide additional information to clarify the location of information that is already in the administrative
record
POINT Ok CONTACT. FOR' UESTIONS,;O' INORMATON
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact
also contact
District Engineer, Wilmington Regulatory Division, Attn.:
Mr Jason Steele, Administrative Appeal Review Officer
151 Patton Avenue
CESAD -PDO
Room 208
U S Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28806
60 Forsyth Street, Room 1OM15
Tasha Alexander
Atlanta, Georgia 30303 -8801
828 - 271 -7980
Phone: [phone]
RIGHT OF ENTRY Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process You will be provided a 15 day
notice of any site investigation, and will have the opportum to participate in all site invests rations
Date
Telephone number.
Signature of appellant or agent
For appeals on Inuial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn : Tasha Alexander, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurivdietional Deternunationv vend this form to:
Division Engineer, Commander, U S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD -PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303 -8801
Phone: [phone]

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
September 10, 2014
Ms Tasha Alexander
U S Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
SUBJECT Comments on West Avenue Culvert Replacement Project
Lenoir, Caldwell County
Dear Ms Alexander,
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application
for the replacement of culverts carrying stormwater and an unnamed stream in the City of Lenoir Our
comments on this application are offered for your consideration under provisions of the Clean Water Act
of 1977 (33 U S C. 466 et seq ) and Fish and Wildlife Coordination Act (48 Stat 401, as amended, 16
U S C 661- 667d).
This project should not affect trout and construction does not need to be avoided during the trout
spawning moratorium We do not recommend adding any special conditions to the permit
Thank you for the opportunity to review and comment on this project Please contact me at (828) 296-
4720 if you have any questions about these comments
Sincerely,
Andrea Leslie
Mountain Region Coordinator
Habitat Conservation Program
ec Tim Fox, NC Division of Water Resources
Matt Oettmg, McGill Associates
Mailing Address: Division of Wand Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721
Telephone: [phone] • Fax: [phone]