20080189 Ver 1_Application_20080125

~ AVOLIS ENGINEERING, P.A.
-L~ P.O. Box 15564 New Bern, North Carolina 28561 [phone]
08-0189
January 22, 2008
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: PCN Application, Isolated Wetlands, West Crossroads Apartments, NC Hwy 43,
New Bern, NC; Craven County
Gentlemen:
Enclosed please find seven copies of the above-referenced application requesting to fill
0.41 acres of isolated wetlands. Also enclosed is the $200 application fee. The site is a
proposed apartment site which will have a wet detention pond as a stormwater BMP.
Attached please find the letter from the NCEEP indicating that they are willing to accept
payment for impacts associated with this project. We ask that payment to the NCEEP be
approved.
We appreciate your assistance with this project. Should you have any questions, please
do not hesitate to give me a call.
Sincerely,
~, -
Jos '~h . Avolis, PE
Pr ent
Qc~c~~adr~ ~
JAN 2 5 2006
DENR - ~UATER DUALITY
yyETLANDS AND STORMWATER BF.ANCIt

~~
Office Use Only: Form Version March OS
~~-~?89
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 29
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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), the D here ~~~
II. Applicant Information ~ D
JAN 2 5 2008
1. Owner/Applicant Information
Name: Empire Group, LLC DENR-WATERQUAUTY
••,", "i"ov-fMIB 6'FAFEhRAlA7ER Biil1N61i
Mailing Address: 500 Springy Garden Street
Greensboro, NC 27401
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: mike(a,megabuildersllc.com
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: Joseph C. Aeolis, P.E.
Company Affiliation: Aeolis En ing eering1 P.A.
Mailing Address: P.O. Box 15564
New Bern, NC 28561
Telephone Number:~252)633-0068 Fax Number:~252)633-6507
E-mail Address: avolisen~(a~lpmonline.net
Page 5 of 13

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 maybe 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 project: West Crossroads Apartments
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 8-216-7004
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): West Crossroads Apartments
Directions to site (include road numbers/names, landmarks, etc.): Project site is located
directly north of the intersection of NC Hi hway 55 and NC Hi way 43 on the western end
of New Bern.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): N 35° - 8.886' °N W 77° - 6.282' °W
6. Property size (acres): 29.59 Acres
7. Name of nearest receiving body of water: Neuse River
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://h2o.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: Site is former farmland that is not actively farmed.
Surrounding land uses are residential and woodlands.
Page6of13

10. Describe the overall project in detail, including the type of equipment to be used: Project
consists of the development of a 312 living unit apartment complex contained in 13
buildings. The project will have wet detention ponds for stormwater treatment including
nitrogen reduction. Earth moving equipment such as motor graders, backhoes and bulldozers
will be used.
11. Explain the purpose of the proposed work: The project allows the development of an
apartment complex.
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. The U.S. Army Corps of Engineers has confirmed the wetland
delineation on the site. There have been no previous permits issued for the site.
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.
There are no future permits requested. The proposed number of apartment units are the most
allowed under the City of New Bern Zoning Ordinance.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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 13

1. Provide a written description of the proposed impacts: Proposed impacts consist of
filling six individual isolated wetland pockets totaling_17,668 square feet (0.41 acres). 1.78
acres of wetlands on the site will not be impacted.
2. Individually list wetland impacts. Types of 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.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
1 Fill Isolated Wooded No 3500 0.180
2 Fill Isolated Wooded No 3500 0.043
3 Fill Isolated Wooded No 3500 0.103
4 Fill Isolated Wooded No 3500 0.023
5 Fill Isolated Wooded No 3500 0.017
6 Fill Isolated Wooded No 3500 0.040
Total Wetland Impact (acres) 0.41
3. List the total acreage (estimated) of all existing wetlands on the property: 2.19 Acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
None

Total Stream Impact (by length and acreage) 0 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Page 8 of 13

Open Water Impact

Site Number
(indicate on ma)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
No open water
impacts.

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.41
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.41
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
0.41 acres of isolated wetland fill is proposed.
8. Pond Creation NO POND CREATION
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond:
Size of watershed draining to pond: N/A Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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. Project was layed out to avoid
the larger area of wetlands on the northeastern corner of the site. The other six smaller isolated
Page 9 of 13

pockets are scattered throughout the site and are a constraint to the overall development of the
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.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 may be 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 USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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/strm gide.html.
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.
The total proposed impact to isolated wetlands is 0.41 acres. This area of impact is below
the threshold for requiring_mitigation under NW 29.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 10 of 13

website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0.41
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. 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
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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 the
buffer multipliers.
Zone* Impact Multi lier I Required
i~,...,,..,. F ,..~ P ~a;.;,....:,...
1 0 3 (2 for Catawba) 0
2 0 1.5 0
Total 0 0
Page 11 of 13

* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 1 SA NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The proict has no existing impervious area.
The proposed impervious area is 10.43 acres on the 29.59 acre site. The percent built-upon area
proposed is 35.24%.
XII. 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.
Wastewater will be collected and discharged into the City of New Bern publicly owned treatment
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 an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Further development in the area is blocked by offsite wetlands.
Page 12 of 13

XV. 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 may
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).
None.
Jr., M__ember/Manager _~¢~~
Ap~licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

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PROGRAM
January 9, 2008
Mike Winstead, Jr.
Mega Builders, CCC
500 Spring Garden Street
Greensboro, NC 27401
Project: West Crossroads Apartments
t78-O 1 89
Expiration of Acceptance: July 9, 2008
County: CRAVEN
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/441 Certification/CAMA germit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits [o NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
NEUSE
03020202 Stream (feet} Wetlands (acres) Buffer I
(Sq. Ft. Buffer II

(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0 0.405 0 0 0
Credits 0 0 0 0 0.81 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If [he regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
~.
William .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tracey Wheeler, USACE-Washington
Kyle Barnes, NCDWQ-Washington
Joe Avolis, agent
File
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NCDE~IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 ! 919-715-0476 / www.nceep.net

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DESCRIPTION BY
Revisions
SITE INFORMATION:
1. TGTAL AREA: 29.00 Aa4
2. rDTU UNITS
126- 1 eDRM
156- 2 wwl
70• ] ARM
312 l1NIT5 TOTAL
3. PARKING PflONDEp:
818 TOTAL BPACES
. 7 SP M
WETLAND INFORMATION:
ISOLATEI NE7LANO AREA 1
WETLAND AREA = 7,857 50. FT. (0.18 ACRES)
IMPACTED AREA = 7,85J Sa FT. (0.18 ACRES)
ISd Ann WTn eun ARFA x
WEIUND AREA = 1,887 50. R. (0.04 ACRES)
IMPACTED AREA = 1,867 S0. FT. (0.04 ACRES)
ISOLATED WETlANO AREA 3
WETLAND AREA • 4,491 SD. FT. (0.10 ACRES)
IMPAC7ED AREA =4,491 50. FT. (0.10 ACRES)
19d.ATED WE7LAN0 AREA /
nETLwD aREa = 96o sa Fr. (o.oz ACRES)
IMPACTED AREA = 980 SD. FT. (0.02 ACRES)
I6dATF0 NE71. AN0 AREA 5
NETLAND AREA = 725 80. FT. (0.02 ACRES)
IMPACTED AREA - 725 54. FT. (0.02 ACHES)
IsdA n au0 ARFA 6
WE1lAN0 AREA • 2,x20 S0. FT. (0.05 ACRES)
IMPACTED AREA - 1,732 S0. FT. (0.04 ACRES)
ISd_41E0 WETLAUO AREA 7
WETUND AREA • 918 50. FT. (0.02 ACRES)
IMPACTED AREA - 0 60. FT. (0.00 ALR6)
ISOLAlEO WETLAND AREA 6
WETLAND AREA -2,897 S0. FL (0.07 ACRES)
81PAC7E0 AREA = 0 Sd. FT. (0.00 ACRES)
ISd A7ED au0 A: A 9
WEMND AREA - 761 50. FT. (0.02 ACRES)
9APAC7m AREA = 090. FT. (O.OO ACRES)
WEn Au0 ARF4 10
M1:lLANO AREA - 72.928 Sa FT. (I.67 ACRES)
wPACTED AREA - o so. Fr. (o.ao ACRES)
TOTAL WETLAND AREA - 95,890 S0. R, (2.19 ACRES
TOTAL IMPACTED AREA = 17,668 S0. FT. (0.4 ACRES)
TOTAL WETLAND AREA TO RENAIN =77,534 50. Fi.
1.78 ACRES
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LAND PLANINNG BY:
ENGINEERING AND SURVEYING, INC.
LANG OEYELOPMENT CONSULTING
4400 TYNING STREET
HICli POINT, NORTH CAROIJNA 27285
PHONE: (JJB) 612-8600 • FAIL [phone]
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