20221505 Ver 1_More Info Received_20231130

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Salt Wynd Preserve (Phase I)
LOCATION OF PROJECT SITE: 189 Pinner Point Rd., adjacent to Gibbs Creek, in
Beaufort, Carteret County.
Longitude: 34143'54.10" Latitude: 76137'54.69"
INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/5/22
Was Applicant Present — (consultant) yes
Photos Taken — No
5. PROCESSING PROCEDURE: Application Received Complete — 10/3/2022
Office - MHC
6. SITE DESCRIPTION:
(A)
Local Land Use Plan —
Beaufort- Certified Jan 26, 2007, Amended March 10, 2021
Land Classification From LUP —
Undeveloped, Commercial
Future Land Use -
General Commercial, Low Density Residential
(B)
AEC(s) Involved: ES
(C)
Water Dependent: No
(D)
0-Intended Use: Commercial
(E)
Wastewater Treatment:
Existing —None
Planned —
Sanitary sewer and water by the Town of
Beaufort
(F) Type of Structures: Existing — None
Planned — (developed in Phases) Phase I: development and
grading of 46 single family lots and associated swales.
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
EXCAVATE FILLED OTHER
(A) Coastal Wetlands
0 ft2
0ft2
N/A
(B) (Public Trust) Open Water
0 ft2
0 ft2
N/A
(C) High Ground
N/A
514,008 ft2
(11.8 acres)
N/A
(D) Total Area Disturbed: 514,008 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA; HQW
8. Project Summary:
The proposed project would be constructed in multiple phases and would contain in its
entirety, high ground development with all the required subdivision infrastructure,
grading, and swales. The currently undeveloped lot will be cleared, roughly graded,
vegetated, and any necessary infrastructure installed.

Field Investigation Report:
Salt Wynd Preserve (Phase I)
Page 2 of 5
9. Narrative Description:
The Salt Wynd Preserve (Beaufort Agrihood Phase I) project is located along Live Oak Street
in the Town of Beaufort, Carteret County. The site is comprised of 4 separate parcels and
abuts Gibbs Creek.
The Salt Wynd Preserve project in total will disturb over 37 acres of high ground and Phase I
will clear and grade 46 individual lots and will disturb 11.7 acres of existing undeveloped high
ground. Currently the stormwater on the site drains into Gibbs Creek through sheet flow. The
proposal states that future stormwater will be treated with vegetated swales and vegetated
dispersed flow. The Phase I of the project will construct 5 swales (swales 1 A-D, swale 2,
Swale 3A-C, Swale 4, and swale 5) which will discharge into 404 and Coastal Wetlands, 2 of
which (swales 4 & 5) encroaching into the DCM area of environmental concern (AEC).
Swale 44 will disturb approximately 970 square feet of high ground within the AEC and swale
#5 will disturb approximately 2065 square feet of high ground within the AEC. No
disturbance of coastal or 404 wetlands is proposed in this Phase I development.
All roads and sidewalks associated with Phase I will be constructed of pervious material and
not increase the amount of impervious surfaces. The applicant has indicated that all individual
homeowners will be required to maintain 50% of the lot area as natural undisturbed wooded
area. The applicant states that post -development runoff flows will not exceed the pre -
development amount by more than 10%. The applicant has also stated that they will limit all
lots within Phase I to limit their pervious surface calculations to not exceed 12% on each
individual lot.
The elevation of the areas in the proposed development averages 6' above normal high water
(NHW). The Phase I development will fall outside of existing mobile homes along Bertram
Rd. and will be located within the currently undeveloped area.
There are several areas of §404 wetlands located on the project area as well as Coastal
Wetlands. The property has had a Jurisdictional Determination as well as a DCM Notice of
Wetland Determination. All coastal wetlands are indicated on the workplan drawings and are
comprised mostly of Smooth Cordgrass (Spartina alterniflora) and Black Needlerush (Juncus
roemerianus). The Jurisdictional Determination performed by the USACE was completed on
June 1, 2022 (Action Id. SAW-2022-00844). The Division of Water Quality classifies the
waters of Gibbs Creek as SA; High Quality Waters (HQW). Gibbs Creek is conditionally
approved open to the taking of shellfish. The Town of Beaufort's Land Use Plan classifies this
area as low and medium density residential with Conservation within the AECs. There are no
shellfish resources in the area.
10) Proposed Development:
The applicant wishes to construct phase one of the project which consists of the clearing
and grading for 46 individual lots and 5 swale areas. The applicant is proposing to include
sediment and erosion control measures such as sediment fencing, seeding all unvegetated
ground within 14 days following any disturbance, inlet protection and rip rap aprons to

Field Investigation Report:
Salt Wynd Preserve (Phase I)
Page 3 of 4
prevent wash out. The applicant has not proposed any filling or excavation of coastal or
federal wetlands associated with Phase I of the project.
Per the applicant, the high ground work would be phased construction and consist of the
following: Phase 1: install construction entrance, install silt fencing, clear vegetation as
required, rough grade the site, install drainage infrastructure and grassed swales, install
utilities, place stone and pervious paving, and lastly, establish vegetation.
The applicant is proposing the filling and grading of 11.8 acres of high ground during the
construction process. Currently the high ground is at an elevation of +6' nhw. Only two
swales are proposed located inside of the 75' AEC, however, both swales will terminate
prior to any coastal wetlands.
The Applicant has indicated that future work to develop a total of 81 single family
lots. The applicant has stated that Phase 2 development will be addressed in a
subsequent permit request.
9. Anticipated Impacts:
There would be no impacts to coastal wetlands or Public Trust/ Estaurine Waters with the
proposed development of Phase I. 11.8 acres of high grounds filling and grading will be
associated with Phase I development, but the applicant has proposed sedimentation and
erosion control measures to reduce any stormwater runoff into Gibbs Creek. There would
be minor development (grading, some land disturbance) during phase I of the project. All
work would be outside of the AEC with the exception of swales 94 and 5. The applicant is
proposing to use completely pervious pavement for all roads and sidewalks, so the amount
of impervious surfaces proposed in Phase I development should not cause any increases in
impervious surfaces between the pre and post -construction. There should be improved
drainage of this property due to the installation of new stormwater management
infrastructure. It is anticipated that development with the future phases would cause more
impacts.
Name: Curt Weychert Date: 10/11/22 Office: Morehead City

CAMA Major Narrative
Salt Wynd Preserve Phase 1
September 16, 2022
Permittee:
Beaufort Agrihood Development, LLC
176 Mine Lake Ct Suite 100
Raleigh, NC 27615
207-449-8801
Engineer:
Stroud Engineering, P.A.
1070 Commerce St.
Greenville, NC 27858
License Number: C-0647
I. General Information
Salt Wynd Preserve Phase 1 is a proposed subdivision that is located off of
Pinners Point Road in Carteret County, North Carolina. It is a 37+ acre tract located
in Beaufort Township, approximately .23 miles Southeast from the intersection of
Live Oak Street and Pnnners Point Road. This total development consists of 81 single
family lots, with only 46 being proposed in Phase 1. This permit application only
pertains to those 46 lots located in the Phase 1 bouudary. Phase 2 development will
be addressed in a subsequent permit, The initial land disturbing activity for the
project will be to grade as required for the roads within the Phase 1 area. A low -
density stormwater application has already been submitted as well as the erosion
and sedimentation control application. No development is permitted in the CAMA
AEC by the homeowners per the restrictive covenants, and the only development
proposed in the required CAMA major permit is for the construction of 4 swales
within the 75' AEC for discharge relating to the stormwater design. These swales
will extend through the AEC and terminate at the coastal wetlands boundary as
delineated by DCM. 71nis project is not part of an urban redevelopment proposal.
-Water and sewer will be provided by Beaufort Utilities
-The project proponent hereby certifies that all information contained herein is true,
accurate, and complete to the best of my knowledge and belief.
-The project proponent hereby requests that the certifying authority review and take
action on this CWA 401 certification request within the applicable reasonable period
of time.

II. Stormwater Information
The project is located within the FEMA Flood Hazard area known as AE6.
Stormwater rruloff currently drains from the site by sheet flow to Gibbs Creek. This
project is proposed to be low density subdivision for single family residences. The
treatment mechanism will be vegetated swales and vegetated dispersed flow. These
swales will discharge at 5locations into the coastal and 404 wetlands as delineated
by DCM and ACOE. All streets and sidewalks within the development are
proposed to be pervious pavement. All proposed culverts will be for the conveyance
of storrnwater and will not be located withing the 404 wetlands or CAMA AEC. Ill
addition, each home will be required to limit runoff discharge as noted in the lot
specific calculations table by utilizing a storm water SCM of the home owner's
choice. This ensures the post -development runoff flows do not exceed the pre -
development runoff flows by more than 10%. T1ne developer has also required each
homeowner to maintain 50% of the lot area as natural undisturbed wooded area.
III. Erosion and Sedimentation Control Measures
The following measures are proposed for the site. If it becomes evident that
additional erosion and sedimentation control measures are needed, they shall be
installed immediately. It is intended that all grading and excavation activities within
a certain area will be protected as soon as that activity is complete.
1. Sediment Fence - Sediment fence will be utilized as necessary ill locations as
shown on plans or as deemed necessary by the engineer to ensure that off -site
sedimentation is controlled.
2. Seeding - All disturbed areas will be seeded withh114 days following construction
in accordance with the seeding schedule shown on the plans,
3. Stone Construction Entrance - Stone construction entrance will be used to reduce
transport of sediment off site.
4. Inlet protection will be provided where roadside ditches run into proposed pipes,
as well as, around all drop inlets.
5. Rip rap aprons will be provided at all pipe discharges.
IV. Maintenance Plan
1. All erosion and sediment control measures shall be checked for stability and
effective operations following every runoff producing rainfall event or at least
once per week. Repairs required shall be completed immediately to the
dimension and functions indicated on the plans.
2. Sediment shall be removed from behind the sediment fencing when it becomes
0.5 feet deep at the fence. The fence shall be replaced or repaired as necessary to
maintain a barrier.
3. All seeded areas shall be fertilized, seeded and mulched within 14 calendar days
of disturbance. Disturbed areas shall be fertilized, reseeded and mulched as
necessary according to the Contract documents to establish and maintain a del -Ise
vegetative cover,

V. Construction Sequence
1. Install construction entrance.
2. Install Silt Pence.
3. Clear vegetation as required
4. Rough grade site.
5. Install drainage and grassed swales. Place inlet protection at all inlets.
6. Install Utilities.
7. Place stone and paving.
8. Establish vegetation.
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ON Y!4
APPLICATION for
wor Development Permit
(last revised 1Z127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
BeaufortAgrihood Development, Llc
Project Name (if applicable)
Salt Wynd Preserve
Applicant 1: First Name
Beth
MI
Last Name
Clifford
Applicant 2: First Name
MI
Last Name
It additional applicants, please attach an additional page(s) with names listed,
Mailing Address
176 Mine Lake Ct., Suite 100
PC Box
City
Raleigh
State
NC
ZIP
27615
Country
USA
Phone No.
207 - 449 - 8801 ext.
FAX No.
- -
Street Address (if different firm above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Stroud Engineering, Pa
Agent/ Contractor 1: First Name
MI
Last Name
Linwood
E
Stroud
Agent/ Contractor 2: First Name
MI
Last Name
Joshua
L
Johnson
Mailing Address
PC Box
City
State
422 Highway 24
Morehead City
NC
ZIP
Phone No. 1
Phone No. 2
28557
252-247-7479 ext#226
252-725-7877 ext.
FAX No.
Contractor #
252 247 4098
C-0647
Street Address (if different from above)
City
State -
ZIP
Email
JJ oh nson@stroudeng ineer. com
<Form continues on back>
RECEIVED
252.808-2808 :: 1.88E-41RSOAST :: www.nccoastalmanagement-net
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. A
Carteret
189 Pinner Point Rd.
1303
Subdivision Name
City
State
Zip
Salt Wynd Preserve
Beaufort
NC
28516 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
39, 40, 41, 42,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Gibbs Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
North River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []NO
work falls within.
Town of Beaufort
4. Site Description
a. Total length of shoreline on the tract (it.)
b. Size of entire tract (sgft)
1716
1,614,770
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (ncrmalhigh water) or
24,394, 29,944, 25,402, 27,898
NWL (normalwaterlevel)
(IF many lot sizes, please attach additional page with a list)
6' NNHWor❑NWL
e. Vegetation on tract
Heavily wooded with large southern pines.
f. Man-made features and uses now on tract
N/A
g. Identify, and describe the existing land uses add to the proposed project site.
Residential to the south and vacant/residenfial to the north.
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-20
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONO
k. Hasa professional archaeological assessment been done for the tract? if yes, attach a copy. ❑Yes ONO ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
SEP 2 9 2022
252-808-2^oe8 .. 1-888-4RCOAST .. www. n ccoasta l management. �1V1-Mrl®`iIlY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? NYes ONO
(i) Are there coastal wetlands on the site? NYes ONO
(iii) If yes to either t7 or (11) above, has a delineation been conducted? NYes ONO
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
NIA
o. Describe existing drinking water supply source.
N/A
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment
NPdvate/Community
b. Give a brief descri piton of purpose, use, and daily operations of the project when complete.
2 swales to service stormwater from proposed residential single family home community.
c. Describe the proposed construction methodology, types of construction equipment o be used during construction, the number of each type
of equipment and where it is to be stored.
A small excavator will be used to construct two small swale outlets that will tarverse the 75' AEC and terminate at the
wetland boundary. Equlpmentwill be stored on site within the disturbance limits identified in the erosion control permit.
d. List all development activities you propose.
Excavation of two small swale outlets that will terminate at the wetland boundary.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
f. What is the approximate total disturbed land area resulting from the proposed project? 11.8 ❑Sq.Ft or NAcres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Two proposed grassed swales located between lots 39-40 and 41-42. Existing discharges include multiple swales
discharging to 404 wetlands continuing to Gibbs Creek.
i. Will wastewater or stonnwater be discharged into a wetland? NYes ONO ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ❑NA
j. Is there any mitigation proposed? ❑Yes ENO ❑NA
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
ceo 29 2022
252-808-2808 .. 1 - 8 3 8 - 4 RC O A ST .. w w w. n c c o a s t a l m a n a e e m e n t. n et
DCM-MHD CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (9 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. Alist ofthe names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Theron Levon McLamb Phone No.
Address 111 Madah Drive, Four Oaks, NC 27524
Name Terrence Smith Phone No.
Address 235 Ashe Lane, Beaufort, NC 28516
Name Phone No.
Address
g. A list of previous state or federal permits issued forwork on the projecttract. Include permit numbers, pennittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. Astatement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The projectwill be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 9/26122 Print Name Jos ua nso /O Beth Clifford; Beaufort Agrihood
Development, LLC L Il C
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
❑DCM MP-4 Structures Information+'�,�^�
SEP 29 2022
262-808-2808 ., 1-888-4RCOAST .. wvrw.nccoastalmanagemt�� EtoH1) CITY

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 46
c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads,
aci ditches, etc.
1.24 11.7
e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and to be used for impervious surfaces.
sedimentation control plan at least 30 days before land -disturbing No impervious surfaces are proposed. All roads and
activity begins. sidewalks will be constructed with pervious pavement.
Oil If applicable has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
0%
Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
12%
j. Describe proposed method of sewage disposal.
Municipal sewer
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent, 'wash down" and residential discharges).
5 grassed swales will be installed to convey residential
stormwater discharge to the wetlands, two of which will
be located within the CAMA AEC. In addition, each
residence will be required to capture and retain a
portion of their stormwater runoff as noted in the
stormwater permit and restrictive covenants.
Is. Projects that require a CAMA Major Development Permit may also
require a Stonnwater Certification.
() Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item O received state or local
approval?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
[]Yes ®No ❑NA
If yes, attach appropriate documentation.
DCM.MHD CITY
252.808-28082 :: 1-888.4RCOAST :: vvww.necoastalmanaaement.neE revised: 12/26/06

Forma ®CM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Municipal water
o. When was the lot(s) platted and recorded?
Prelimanary plat approval received 5116/22
9/26122
Date
Salt Wynd Preserve
Project Name
Joshua Johnson C/O Beith Clifford, Beaufort Agrihood
level 'nt, I�LC n
Ap ca Nam
ppliTSignature
n. @ Will water be impounded? []Yes ®No ❑NA
Qi) If yes, how many acres?
p. If proposed development Is a subdivision, vnll additional utilities be
installed for this upland development?
®Yes []No ❑NA
RECEIVE- '
5EP 29 NZ?
DCM_MHD CITY
252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagement.net revised: 12126/06

Weychert, Curtis R RMFJVEp
From: Perry, John M < John. [e-mail]>
Sent: Friday, August 5, 2022 10:40 AM OCT ® 3 2022
To: Joshua Johnson DCM-MHD CITY
Subject: RE: [External] Pre File ?
Hello Josh, please fill out the following to knock out the pre -file requirement. If you are having trouble scheduling an
interagency scoping meeting please contact Cameron Weaver ([e-mail]). Keep in mind, if it is a
simple project you can try to arrange a site visit with the appropriate staff.
Project Name:
County:
Applicant Name:
Applicant Email:
Consultant:
Please send your response to [e-mail] and copy me.
This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the
Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to its
previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a)
'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with
the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include
documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to
submitting the certification request.
From: Joshua Johnson <[e-mail]>
Sent: Thursday, August 4, 2022 9:01 AM
To: Perry, John M <[e-mail]>
Subject: [External] Pre File ?
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spani.
John,
As discussed,, I am having trouble with the scoping meeting request link. If you would please shoot me over the link so I
can set up the meetings.
Thanks!
Josh
Josh Johnson, PE

Weychert, Curtis R RECIIVED
From: 401PreFile <[e-mail]> OCT ® 3 2022
Sent: Friday, August 5, 2022 4:29 PM
To: Joshua Johnson DCM-MHD CITY
Subject: Automatic reply: [External] Pre File Meeting Requests
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be
returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the
Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of
the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401
Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must
request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R.
§121.41 In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting
request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing
meeting request documentation does not constitute a "certification request." As a result of the reinstatement
of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have
documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401
Certification application will be returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).
For Non -Transportation Central Staff:
h ttps://d ea.n c.gov/about/divisions/water-resources/water-q u ality-permitting/401-buffer-permitting/401-
buffer-permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts

Mr. Stroud and Mr. Johnson,
Upon further review of your Major Permit Application, please provide us with the following additional
information, corrections, and address the deficiencies.
MP-1
Section 4j — please indicate that this project is not part of an urban waterfront redevelopment
proposal.
• Section 6a — Please be sure to indicate the DWR 401 required statements of attestation:
* The project proponent hereby certifies that all information contained herein is true,
accurate, and complete to the best of my knowledge and belief.
* The project proponent hereby requests that the certifying authority review and take action
on this CWA 401 certification request within the applicable reasonable period of time.
• Section 6b — Please provide the Division with drawings of the existing conditions, and the
proposed work. These workplan drawings should indicate the following:
o Please indicate the area of Phase 1 proposing to be developed including the 46 homes,
all sidewalks, roads, swales, disturbed area, etc.
o The workplan drawings must be accurately drawn to an engineers scale (1"-200' or less)
(example 1"=30'), 1"=50', 1"=60', 1"=100', etc.). The scale must be indicated on the
drawings.
o Simple Title Block (indicating name of applicant)
o Drawing Number(s) — (example: drawing/page/sheet 1 of 4)
o Date workplan was prepared
o Vicinity Map
o Standard North arrow
o Legend and scale
o Shoreline
o Waterbodies (indicate name of water body)
o Width of adjacent water body
o Marsh Lands (federal wetlands)
o Coastal Wetlands (indicate both upper and lower limits)
o "404" Type Wetlands
o Existing and proposed man-made structures
o Exact areas and dimensions of proposed excavation (for both high ground and in water
excavation)
o Exact areas and dimensions for fill and -or spoil disposal (for both high ground and in
water fill)
o Ap rox'
o Approximate Nor
_o y oundaries
o Names of adjacent property owners
o Area of Environmental Concern (AEC) boundary (example: 75-foot Estuarine Shoreline
AEC)
0 30-foot Coastal Shoreline Buffer
tY��Q 3(e� )'

o Depth and elevation of existing structures
o Proposed work relative to the existing ground level
Cross -Sectional (side -view) Drawing(s)
o DWR Riparian Buffer Zones
o Roadway cross-section (including right of way limits)
M P-5
• Your project narrative seemed to indicate that there would be culverts installed to drain
stormwater into existing 404 wetland areas. If the MP-5 Form is relevant to your proposed
work, please provide that form with the additional information.
Property owner information:
If only Phase 1 is being proposed at this time, the workplans and drawings should indicate that.
If the entirety of the lots (25.84 Acre and 42.39 Acres lots as well as Bertram Road are being proposed,
the current ownership of these three properties are owned by Pearl West, Bertie Neely, and Beaufort
Agrihood Dev, respectively. If these individuals are planning on going in as co -applicants, the MP forms
would need to indicate that, however, if they are all applying under Beaufort Agrihood Development,
LLC, I would need to see legal paperwork indicating that all the property owners are part of this LLC.
Additionally, I did not see any notification delivery proof or signature of an adjacent riparian
property owner form from Mr. Terrence Smith.
DWR pre -filing request
Please provide me with the documentation of the 8/8/22 request for a pre -filing scoping
meeting.

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MAJOR PERMIT FEE MATRIX
Applicant 16eAWky-+IV)00
Selectionpdevelopment
DCM %
DWQ %
4nott
(14300 1601 435100093:562.3)
(24300 1602 435100095 2341)
t
100%($250)
0%($0)
excavation of any wetlands
or open water areas:
It. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
oro en water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
❑
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) cannot
be applied:
IV. For development that
❑
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
o en water areas: