20042050 Ver 2_More Info Received_20071220

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To: Division of Water Quality DEC 2 4 2007
401 /Wetlands Unit
2321 Crabtree Blvd. SuiteOS~~iDST~tuM'AZSB
Raleigh, NC 27604
ATTENTION: 4O1 OVerslte SUperVl$Or
WE ARE SENDING: ^ Originals X Prints
^ Specifications ^ Calculations
LETTER OF TRANSMITTAL
DATE: December 21, 2004 (OVERNITE)
PROJECT NO: O31 340004 TASK NO: 4O
E Carolina Colours
NWP 14 Permit Submittal
TRANSMITTAL NO: PAGE 1 OF 1
^ Shop Drawings ^ Samples
X Other - as noted
Quantity Drawing No. Rev. Description Status
7 NWP 14 Impact 8~ Mitigation Master Plan w/Vicinity Map G
7 1 /5 W/B/S/# 1 Exhibit G
7 2/5 W/B/S/#2 Exhibit G
7 3/5 W/B/S/#3 Exhibit G
7 4/5 W #4 Exhibit G
7 5/5 W/B/S/#5 Exhibit G
7 6 Bridge Span Exhibit G
7 7 Bridge Culvert Exhibit G
7 8 Golf Cart Path G
7 NWP 14 Application (copies) 8~ Narrative G
1 $200.00 Application Fee (check # 107630) C
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review 8~ Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend 8~ Resubmit 5. Rejected -See Remarks
REMARKS: Permit package submittal information for the DWQ review efforts. We will simultaneously
copy Tom Steffin/DWQ Washington and Scott Jones/COE Washington for their review. Please call if you
need anything else. Happy Holidays!
243 NORTH FRONT STREET, WILMINGTON, NC 28401 X9101 343-1048 FAX [phone]
~~~ File w-encs
McKIM & CREED, PA
Kip Peragoy w-encs
Ken Kirkman w-encs
Tom Steffiin w-2encs/DWQ-Washington
Trans only Scott Jones/COE -Washington Signed
Margaret Gray
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SURVEYORS
PLANNER S
December 5, 2007 M&C 031340004 (40)
Mr. Kyle Barnes
NCDENR DWQ
943 Washington Square Mall
Washington, NC 27889
RE: DWQ Project #04-2050
Carolina Colours
New Bern, Craven County, North Carolina
Dear Mr. Barnes:
In submitting for an erosion control permit for the clearing and grubbing of
Carolina Colours golf holes 13 thru 16 it was brought to our attention by the Land
Quality Section in the Washington Regional Office that there was a discrepancy
in the square footage of buffer impacts between the PCN Master Plan (submitted
with the PCN) and the approval letter for the above referenced project. In
reviewing the original submittals, it is clear that all supporting documentation,
including the submitted Master Plan, indicate buffer impacts of 56,300 SF. There
was just an error in the application itself showing 26,500 SF of impact, which
was then picked up in the approval letter. The chart under Item X in the PCN
should have read as follows, which is consistent with the originally submitted
Master Plan information:

Zone Impact
(s ware feet)
Multi Tier Required
Miti ation
1 33,780 3 101,340
2 22,520 1.5 33,780
Total 56,300 135,120
The previously proposed mitigation of 138,000 square feet of buffer restoration is
sufficient to cover the impacts listed above, as if was calculated based on the
~ o, ~, e t„ e 3 , ~ ~l Q ~ tl g 5 intended and mapped 56,300 SF of impacts. Conversations among McKim and
Creed employees and permitting authorities during the initial submittal clearly
N P „~ e P ~ , h,~ c ~ II ~ 6 2 reflected an understanding that all shown impacts were intended to be reflected in
the application.
:'~2 G33.5II99
Fax 7~2g33-~i551
5:1313410004140-Permit\Itr-Kyle Barnes-Buffer Impacts.doc
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DENR • WATER gUALITY
IMETLArq)g tivfl STORMWP,~,'~6 BRANGi

Mr. Kyle Barnes
November 30, 2007
Page 2
A more detailed review of the initial submittal supports the conclusion that the
initial approval was intended to allow all shown impacts, not just the road
crossings. This review shows:
1. Under Item IV, numbers 2 and 3, all 12 impacts shown on the plan are
listed.
2. The "Impact Description Narrative" attached to the PCN specifically
addresses the buffer impacts associated with the golf course.
3. The PCN Master Plan attached to the original application shows a total
buffer impact of 56,300 square feet.
Also please note that the approval letter does not specify which buffer impacts
submitted are approved. It only gives the incorrect area of 26,500 square feet.
This lends credence to the contention that this was a bookkeeping error on our
part that subsequently made its way into the permit, and that the intention was to
permit all of the buffer impacts submitted.
The previously submitted PCN Master Plan and PCN are attached.
We apologize for the error and request that the permit be corrected to reflect the
proposed 56,300 square feet of proposed buffer impacts. This matter only came
to our attention when our client, understanding that the impacts had been
permitted, was sending golf course bid documents to contractors, in order to meet
its contractually committed golf course construction schedule. So I hope we can
resolve this error as expeditiously as possible, minimizing the problems a
significant delay will cause our client.
Sincerely,
McKIM & CREED, P.A.
~~
--~-~-~-v'-~_
Eric J. Frank, PE
cc: Ms. Cyndi Karoly
S:\3134\0004\40-Permit\Itr-Kyle Barnes-Buffer Impacls.doc
v~ M~IQM~CREED

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to ttus project, please enter "Not Applicable" or "1viA".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification '
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^ N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and cheek here: ^ N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check
(Navigable Waters - Brice's Creek only) r.., r~ ~~ n~~
II. Applicant Information 111 DES 2 0 200
1. Owner/Applicant Information WATER 4~A--~N
Name: Carolina Creek LLC wE(1AND3~S~~
Mailing Address: 3946 Hwy 70 East
New Bern NC 28562
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: carolinacreek(a~earthlink.net
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Margaret Gray
Company Affiliation: McKim & Creed, PA
Mailing Address: 243 North Front Street
Wilmington NC 28401
Telephone Number:__(910) 343-1048 Fax Number:__(910) 251-8282
E-mail Address: mgrayna,mckimcreed.com
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
1. Name of prof ect: Carolina Colours
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIl~: 7-104-8000
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): Carolina Colours
Directions to site (include road numbers, landmarks, etc.): Take Highway 70 east from New
Bern toward Havelock. Turn right on SR 1116 (Thurman Road)
5. Site coordinates, if available (IJTM or Lat/Long): 35-02, 77-01
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct water body.)
6. Property size (acres): 1 867 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Brice's Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h?o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is a former Weyerhaeuser timber production site
harvested within the last 12 years. The surrounding properties are rural in nature.
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
The project is a golf course residential community. Approximately 1900 units are anticipated
along with an 18-hole golf course.
11. Explain the purpose of the proposed work: PredominatelYroadway construction to facilitate
site access. Golf cart crossings will be elevated, i.e., limited to buffer impact with no wetland
impacts.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
None for this prof ect.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No. Comprehensive impacts for a single and complete development are included.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12

1. Provide a written description of the proposed impacts:
See attached Impact Description Narrative
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
SF Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
WB/S #1 Fill 3,571 No 0 Forested wetland
WB/S #2 Fill 5,673 No 0 Forested wetland
WB/S #3 Bridge 0 Yes 0 Forested wetland
W #4 Fill 2,171 No 1,800 Forested wetland
WB/S #5 Fill 1,915 No 2,200 Forested wetland
WB/S #6 Cart Path 0 Yes 0 Forested wetland
W #7 Cart Path 0 Yes 500 Forested wetland
WB/S #8 Cart Path 0 Yes 0 Forested wetland
WB/S #9 Fairway 0 No 0 Forested wetland
WB/S #10 Cart Path 0 No 0 Forested wetland
WB/S #11 Cart Path 0 No 0 Forested wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:ih~~~~v.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 300 acres
Total area of wetland impact proposed: 13,510 SF (0.31 acres)
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
leases eci )
WB/S #1 Bridge culvert 0 UT 8' Perennial
WB/S #2 Bridge culvert 0 UT 6' Perennial
WB/S #3 Span-bridge 0 Brice's Creek 55' Perennial
WB/S #5 Bridge culvert 0 UT 10' Perennial
WB/S #6 Cart Path 0 Brice's Creek 55' Perennial
WB/S #8 Cart Path 0 Brice's Creek 55' Perennial
WB/S #9 Fairway 0 UT 4' Perennial
WB/S #10 Cart Path 0 UT 4' Perennial
WB/S #11 Cart Path 0 UT 4' Perennial
B/S #12 Fairway 0 UT 4' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to.both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 12

** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.aov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapyuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and anv other water of the U.S.) below: N/A
Open Water Impact

Site Number
indicate on ma) ~
*
Type of Impact Area of

Impact
acres)
Name of Waterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba ,ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should be
described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. .Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Roadwav wetland crossinfs have been avoided and minimized by crossing at the narrowest
widths and reducing pavement sections at the crossing areas. Bottomless culverts and/or bridges
will be used within stream crossings. Sub-aqueous utilities will be located within these fill areas
to eliminate additional impacts.
Page 9 of 12

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic, environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated. buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strnlgide.htrnl.
1. Provide a brief description of the proposed mitigation plan. The description should provide as
much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
See attached 404 Wetland Mitigation Plan Narrative
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the
NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A <150 LF
Amount of buffer mitigation requested (square feet): 63,600 SF (on-site restorationL
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): 3.1 acre (onsite preservation)*
Amount of Coastal wetland mitigation requested (acres): N/A
* Mitigation provided exceeds mitigation required.
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note:
If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at
[phone] to review current thresholds for environmental documentation.
Yes ^ No ^ N/A
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^ N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Meuse )?
Yes ® No ^ If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying tree buffer
multipliers.
Zone* Impact
(s uare feet Multiplier Required
Miti ation
1 15,900 3 47,700
2 10,600 1.5 15,900
Total 26,500 63,600
~` Gone 1 extends out 3U teet perpendicular tcom near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate inforration as
identified within 15A NCAC 2B .0242 or .0260.
Page 11 of 12

Payment into the Riparian Buffer Restoration Fund): Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
See attached Buffer Mitigation Plan Narrative
XI.
XII.
Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Proposed impervious coverage is 22% built-upon. Water quality systems for total suspended
solids and nitrogen removal will be employed.
Sewage Disposal (required by DWQ)
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.
Public Wastewater S sy tem
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No ® "
Is this anafter-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant rriay choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Construction seQUenciri~2 has been coordinated with NCDOT for improvements on Thurman
Road. An expeditious review would coordinate these efforts.
1'~/eK,~ ~t /~'1. lei ~' ~~tuti
~~~~ `z/`a/U
Applicant/Agent's Signature ~ ~ )ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

ATTACHMENT FOR CAROLINA COLOURS
Pre-Construction Notification (PCN) Application Form Narrative
VI. Proposed Impacts to Waters of the United States/Waters of the State
Impact Description Narrative
Twelve crossings of waters of the US (404 wetlands) are proposed. Of these, only four propose
permanent impacts in the way of fill for road crossings. The remaining crossings include. a bridge,
elevated golf cart paths, and golf course fairway improvements. Neither of the latter impacts is
permanent in nature aside from the buffer impacts. Utilities will also be placed underground
within the fill crossings to eliminate additional impacts.
Stream impacts have been eliminated as piped improvements will be designed as "bridge
culverts". Brice's Creek crossing will be via a bridge span. Consequently no "hardened"
improvements will result.
VIII. Mitigation
404 Wetland Mitigation Plan Narrative
404 wetland impacts total 0.31 acres. On-site mitigation is proposed in the form of preservation.
A 10.5/ 1 ratio is proposed, i.e., 3.26 acres is proposed for preservation. This area is noted as Area
"R" on the wetlands delineation survey.
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Buffer Mitigation Plan Narrative
On-site riparian buffer restoration is proposed. A total mitigation area of 63,600 SF is needed.
Based on an average buffer width of 120', a total length of 530 LF is required. 1,150 LF (138,000
SF) is proposed over several locations within the site.
0 320 trees per acre = 1,014 trees total
o A 50/50 ratio of native black gum and tulip poplar is proposed

MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of ,
200_, by [NAME AND ADDRESS OF DECLARANT) "Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict witl-
the maintenance of the Property, in its natural condition. The preservation of the Propert}~
in its natural condition is a condition of Department of the Army permit Action ID
issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair

or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction ofnon-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Ve etation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Si ng_age. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
2

or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Develoument Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right fa
enter the Property for any purpose whatsoever.
3

ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. .Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry anti
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental .laws anti
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, an}~
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form)
4

Margaret Gray
Full Name: Scott Jones
Last Name: Jones
First Name: Scott
Job Title: COE Field Rep.
Company: COE Washington
Business Address: Washington Regulatory Field Office
US Army Corps of Engineers
P.O. Box 1000
Washington, NC 27889-1000
MAIL: 107 Union Drive. Ste 202
Washington, NC 27889
Business: 252-975-1616 ext 27
Business Fax: [phone]

Margaret Gray
Full Name:
Last Name:
First Name:
Job Title:
Company:
Business Address:
Tom Steffan
Steffan
Tom
DWQ
NCDENR -Washington
943 Washington Square Mall
Washington, NC 27889
Business: 252-946-6481
Mobile: [phone]
Business Fax: [phone]

Account Number: 684
MC~/I~~D • 243 North Front Street • Wilmington, North Carolina 28401
107630
INVOICE Nl}MBER- DATE VOUCHER N0. APhOUNT
CHECKREQUE T 11/17/2004 •92078 200.00
IMPACTS FEE
TOTAL: ----- ---------------------- 200.00
~. wi~mi~~gton~, N~?ze4o~ ~ 5~1 1011630 1®I U ~ 0
v M~][QM~ ~~
243 North Front Street
Wilmington, Nolth Carolina 28401 ,
-..910-343-1048: 11 /22/2004
PAY' ,e,~,t,~*w~*,r~~.200 ~OLLARS AND **~+r~,~**+-w~00 CENTS ~ ***************2(10.00
VOID IF NOT PRESENTED VVITHIN 90 DAYS
TO THE NC DIVISION OF WATER QUALITY .
ORDER _ m
OF ~, ~ Ei(a AtISF YHiS ~LLU7£ECEljT ~..fUF;E
'' UNUEA ,)LACK UG>IT , pH 4UTl,E. 71CiTY~
II'i0763011' ~:053L017L0~: 52167444611'

~.
4
P
Three Pin Arch Timber Vehicle Bridge
~C~ S~AL,L

' .[
Wale
Beam
Heighti3>
(See
Table 4)
1'8' Structure No. 1-39
2' Structure No. 40-87 ~, Vertical jointlsl
I
Headwall width (always 90° to structural ~) ~ I Wingwallla.s,~,el
E 2 2 --s
Wing Panelp~al End Panel1z~31 I End PaneIR~31 I Comer Panel .Wing Panel
Center Panels-~
A 3, p al.. _ _ _. _..... .
_ w ,
¢,`• L;_
,_
- Heaiwall Cape ' ~=e f;; ~ 'A Elbow;Capls '~
- , dp ^ tY, ra ~, .b r"
Panel Entrenchmentl3i
(Approx. 2')
~i~3 SEAL
McKim & Creed

~' Filler reinforcing rib to
~ Anchor Rod (typical)
` _ r
be punched and fitted
to box culvert end ~
~=
'~ ' ` ~ ~ , ~, ~
'iaeinforcmg
Rib ~„W~te Beam
~~}~Y~.
~
headwall (each side if
Rise °B" ,1', .
? , .
,, required). ~

~<
i ,
M ~ ~ .
,~
Invert Plate r '~~
~
~

'' E ;. ` tio)
Less Tt~ari~~ 1

r~~ ~ ; ', t '

.,~
. , ,
~ ~ Slde JIOpB r i ,s, 1 ~~ P f '.
Footing Pad or I ~ ~, ' „
Conccete Footinghal
,_. S ~ ~
a
"A" ,
t . , r ~ ~
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p
n
__
Dimension D
Table 5
^

1
~a'
3l~~CHAMFER
(84TH SIDESI
a
n
c

Il4~~
~Q :r9CiA~,.
GRADE
Carolina Colours ~"~~`"°~
GOLF CART PATH 8
McK~m & Creed __ Carolina Creek, LLC
3/4"
CHAMFER
SECT1Qi~ A

'-:f^

:"

~ ~
~ ,. J.

-; ,

;~
-- -. ~.

/
i
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1 WETLAND LIMITS ~ ~________
'~~ i
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1
~~ ' 1 \
~' ;~ 1 ~~ 1
i ~ ~ BRIDGE CULVERT ~ \ ~~~
_ `,10'-2' SPAN, 2'-8' DEEP, )'-a' uIN. LOVER ~~
- ~,~ (~ONTECH CONSTRUCIIDN PRODUCTS OR~APPROVED EOUAL.) ` ~ \
I ~--~
' i I l ~~ ~ `
\ I
I
r~ `` J~..._----__ ~ ~ I
/ `_
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\ 11 \ RIGHT-OF-WAY LINE ~ / ~
1 \ /- ~ , / .
~ ~(\ i i
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1~ 1
\ ~' ~;
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EDGE OF PAVEMENT / ~ /
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i gyp. i
\v/~ /
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`~
\ -\'- \
_ ~
LEGEND
WETLAND
- - - -BLUE LINE STREAM
NOTES:
DISTANCE FROM T.0.6 TO T.0.6.= 8'
CREEK DEPTH = 4'
IMPACTS
WETLAND
BUFFER -
B ER -
~~:
~pp1
~p a
c~ ~~ ~
0 ~ ~~ .
- 3571 SF
- ZONE 1 - 3900 SF
- ZONE 2 - 2600 SF
-OLF
L
MEDIAN
VARIES- PAVED WIDTH 4' END WALL
4' 14' 2' 2'
SHOULDER ~
~' =8r 1 ~ =4' MIN_ COVER
BOX CULVERT 1
SECTION A
1-
40' 0 4D' BD'
SCALE: 1'=4D' (Hertz.) ~~
rcu scu
DArz: aT zoDA SCALE w`n`~
HORIZONTAL
vNFIQM~C~ZEED ! CAROLINA CREEK, LLC CAROLINA COLOURS ow ~°~" ""°wa
~.~a.
z47 Nam Fr°~t sheet 3946 NWY 70 EAST ~ ~m ~ ~~~ ~~5
WIm'myt°n, ND zB,o, NEW BERN, NC 28562 ""a' "~~ ""` ""
Phone: [phone], Fac [phone] W/B/S/#1
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,~
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BRIDGE ~ULVERT,. ~ ' ~ ' ,
'10'-2, SPAN;~Z'-8" DEEP, 1.4' fdlN. COVER
/ (COrtTECH CONSTRUCTION PRODUCTS OR 'r"~
i APPROVED EOUAL.) -~ ~ ~
t
/' ~ '
/- ~ I .
. , ;. ,
;~~,'~ ~ '
~'~RIGHT-OF-WAY LINE i~ / r'~
/ ~^ ~
4
I
/~ -
~ ~~ ---
\~ ~ ' ~~' /
r~ ~ yYETLAND LIMITS ~'~ `~ ~ \
f~' l `
I\ ` ~
- / / I `~ / ~ \ EDGE OF PAVEMENT
/ / // I ~ ~
/r/ //, // I \\~ \' ~~~
~ I ~ t ~
~ / I ~ /
f /~ ~---__/ I ~ I
~ I I
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r ~___ I ~
~ /. ~' `~
f ----_ ------ - -
"~ /
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,, / /
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/~ / / \
__ /~
LEGEND
~ ~ WETLAND
~I L
- ~ ~ - -BLUE LINE STREAM
NOTES:
DISTANCE FROM T.O.B TO T.0.6.= 6'
CREEK DEPTH = 3'
IMPACTS
WETLAND - 3673 SF
BUFFER -ZONE 1 - 3900 SF
BUFFER -ZONE 2 - 2600 SF
STREAM - 0 LF

MEDIAN
VARIES- PAVED WIDTH 4' END WALL
4' 14' 2' 2'
SHOULDER
~~-8w 1'-4" MIN. COVER
BOX CULVERT 1 I _
1t
40' o ao' Bo'
SCALE: 1'=B0' (HOM1L.)
~ si
oAiE: OCi. mot SCALE wr nE wq
NpgImN1AL
~NI~IQM&CREED CAROLINA CREEK, LLC CAROLINA COLOURS o~,~~" ""°~~
1. ~ ~.
243 North Franl Sfreet 3946 HWY 70 EAST acc~xL~o m~ ~¶~ 2/5
wlminglo", NC 28401 a~ ~ e4C ~
Phone [phone]D48, fac [phone] NEW BERN, NC 28562 W/B/S/#2
Kvim. MWO)66] EBOOOBBYt
omsnas
i o.rt www.mckimtteed.com STANS Finol Design a~
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r ~
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I
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t t
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~
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i
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i
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ur \ `
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l~
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i
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/

~
*'~~ /
/'r// 1
s"?' r ~
LEGEND
WETLAND
-' ~ - ~ - ~ - BLUE LINE STREAM
IMPACTS
WETLAND - 0
BUFFER -ZONE 1 - 4800SF
BUFFER -ZONE 2 - 3200SF
STREAM - 0 LF
~-
BD' 0 BO' 160'
SCALE: 1'=8D' (HOflz.)
su sru DAIE~ OCi. zODF SCALE ~~~
"OR110NiAL
v~IQM~CREED CAROLINA CREEK, LLC cAROUNA coLOURS ~w„~'' ""~;' ~~
,.. ~.
243 Norlh Front Slreet 3946 HWY70 E4ST ~~~ ~r~ >~a~ 3/5
wimmymn, Nc zaam NEW BERN, NC 28562 `~~` "~ ~" ""
Phone: [phone]D48, Far: [phone] W/B/S/#~
AAWBi66I EB0006691 J
xrownoxs o.R StANS Finol Deign tl1B0Y
N www.mckimcreed.com

WETLAND
~~
- ~ - - ~ -BLUE LINE STREAM
NOTES: DISTANCE FROM T.0.6 TO 7.O.B.= 25'
CREEK DEPTH = 2' f
IMPACTS
WETLAND - 2171 SF
BUFFER - NA
BUFFER - NA
STREAM - NA
I
62'
VARIES- PAVED WIDTH END WALL
1 4' 31' SHOULDER ~
---~-- ~----~2 =8"---- -1'_4" MIN. CsOVER ~ --
BOX CULVERT
SECTION A
aEWln ofwfxbwf WR
sru fxw
vNFIQM~CREED CAROLINA CREEK, LLC CAROLINA COLOURS
243 North Front Street 3946 HWY 70 EAST
wdmi~9ten, Nc 264ot NEW BERN, NC 28562
Phone: (9iD)343-1048, Fox: (91 D)251-6662
aMOOt6e] EfWee66i1 W#4
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~-
ao' o aD' fio'
SCALE: i'=40' (HOriz.)
oatE~ ocr. iow SCAIf W`"~11°
NCE PRQL / Si)10001
oeavm ua N0R1roN7AL wwc...n
oeslw[o ua +~' a°~
4~5
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Pea. ucx. euc xa

slams: fin ol Design °'°°"

LEGEND
WETLAND
-"-"- -BLUE LINE STREAM
NOTES: DISTANCE FROM T.O.B TO T.O.B.= 10'
CREEK DEPTH = 1.5'
IMPACTS
WETLAND - 1915 SF
BUFFER -ZONE 1 - 3300 SF
BUFFER -ZONE 2 - 2200 SF
STREAM - 0 LF

f3UX UULULKI
SECTION A
~~
40' D 40' 80'
SCALE: t'=40' (HOr¢.J
sx~ '~` oAh: ar. 200t SCALE Wx~~
vNFIQM~CR~D CAROLINA CREEK, LLC CAROLINA COLOURS o~~°'' "" a ~~~~rw ~.~~
24} North Front Street VEn1e:u:
3946 HWY 70 EAST ~~~ R~ ~ 5/5
w~min9tofl, NC z6wi NEW BERN, NC 28562 PflCJ 4GR. RMC N4
Phone: [phone], Fox: (9ID)251-6682 W/B/$/#5
u,W02661 E9M06fiG1
xE~,~ ~,,,,,,,~ e.fl 6iANk Finol Design `"°°"
•rx.mckimcreed.com

~CF W ATF9Q Michael F. Easley, Governor
\Q (i William G. Ross Jr., Secretary
CQ ~- North Carolina Department of Environment and Natural Resources
~ ~
p ..~ Alan W. Klimek, P.E. Director
Division of Water Quality
February 21, 2005
DWQ Project # 04-2050
Craven County
Carolina Creek, LLC
C/o Ms. Margaret Gray
3946 Hwy 70 East
New Bern, NC, 28562
Subject Property: Carolina Colours
Brice Creek, Class C Sw NSW
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Ms. Gray:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.31 acres of wetlands and 26,500 square feet (ft2) of protected riparian
buffers for the purpose of constructing a subdivision at the subject property, as described within your
application received by the N.C. Division of Water Quality {DWQ) on December 23, 2004. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) 14
when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. in
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you maybe required to send us a new application. If the property is sold,
the new owner must be~given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation maybe required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet http://h2o.enr.state.nc.us/ncwetlands
N"os~e tCarolina
~/vatura!!r~
`~
n Cnn~l n...,........ «,.rn u......a,.., n,a,..., c.....r....... cnoi o.......,r.,ar~noi n..-~ r..--........ n.......

Carolina Colours
Page 2 of 3
February 21, 2005
Amount Approved
(Units) Plan Location or Reference
404/CAMA Wetlands 0.31 (acres) PCN form
Buffers 26,500 (s uare ft. PCN form
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion contral
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. `
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate

Carolina Colours
Page 3 of 3
February 21, 2005
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it maybe necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly at 919-733-1786 or Tom Steffens in the DWQ Washington
Regional Office at 252-946-6481.
Sincerely,
~ ~~
Alan W. Klimek, P.E.
AWK/cbk
Enclosures: GC 3404
Certificate of Completion
cc: Margaret Gray, 243 North Front Street, Wilmington, NC, 28401
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 042050Colours(Craven)401+Buffer