20081187 Ver 1_401 Application_20080808

V
THOMAS ENGINEERING, PA
CIVIL ENGINEERING•LAND DEVELOPMENToPROJECT MANAGEMENT
FEDERAL EXPRESS
Trk# 796037378513
To: Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Alton Hodge
Re: United Self Storage
Craven County
2005-019
Dear Al,
•08 1 187

JUL U 2008

June 27, 2008

AUG 1 , 2008
DENR - WATER QUAIATY
WETLANDS AND STORMWATER BRMUI
Please find attached for the referenced project the following revised documents per your
comment letter (attached) dated June 27, 2008:
? 401 Certification Submittal (PCN): Five copies each of the complete revised
application submittal including the PCN, the NCEEP acceptance document for both
Phase One and Phase Two, the NWP 14 Action ID. SAW-2008-01045 as issued by the
USACOE, the drawings, and processing of $240.00 (check # 8321) for your files. The
drawings show the restoration plan.
? Variance Request (buffer impacts associated with the buildings): Three copies each
of the complete revised application submittal including the Variance Request Form for
Minor Variances, deed, project narrative, settlement agreement, and project drawings. It
is our understanding from the meeting that we had with you on June 20, 2008 that
mitigation for the building impacts in the Zone 2 is not a requirement.
Please distribute the applications to the appropriate review groups within your organization for
processing. I assume our submittals are now in order, if not, give me a call and I will provide any
additional information or documents that become necessary.
If you have y questions or comments, please do not hesitate to call. I appreciate your patience
and coo ation in working through the issues related to this project. I hope you are doing well.
JoInh G. Thomas, PE
j ohnthomasC&thomasenaineeringpa.com
cc w/encls: J. Kenneth Williams (J. K. Williams Properties, LLC)
Clark Wright (Davis Hartman Wright, PLLC)
309 Metcalf Street.P.0. Box 1309-New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: ThomasEngineeringP,4.com
o?oF W A rFq p)C--7 Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
J ?
p Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
June 27, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED v, a
#7007 3020 0001 8861 6007
John Thomas, P.E., JUL 3 0 2008 PO Box 1309 p[R@o ? Q?/JVV L??
New Bern, NC 285631 AUG 1 2008 y i t "iNA H" G
.
Subject Property: United Self Storage DENR WA7ERClUAER
WETLANDS AND STORMWATER BRANCH
REQUEST FOR MORE INFORMATION
Dear Mr. Thomas:
On February 1, 2008, the Division of Water Quality (DWQ) received the application you submitted for
your client J. Kenneth Williams dated January 24, 2008 to impact 0.03 acres of waters, 12912 square feet
(ft) of Zone 1 protected riparian buffers and 12210 square feet (ft) of Zone 2 protected riparian buffers
for the purpose of constructing a storage unit facility. This information was returned to Mr. J. Kenneth
Williams on February 7, 2008 via certified mail. On June 27, 2008 partial information was received by
the DWQ Washington Regional Office relating to the same project. The DWQ is returning to you this
partial information along with guidance for resubmitting this information in a complete manor as
discussed below. The DWQ will require additional information in order to process your application to
impact protected wetlands/or streams and Neuse Riparian Buffer on the subject property. Since this
project lacked pertinent information to be accepted as complete we are returning your application. If you
want to reapply, please provide the following information so that we may review your project.
Additional Information Requested:
1. Permitting and fees
Please provide the $240 processing fee with five (5) copies of the PCN and associated
information for the Nation Wide 14/401 General Certification 3704. On this application you may
also quantify the impacts to the riparian buffer associated with the stormwater treatment facility.
Also include the three (3) copies of the Minor Variance application and associated information to:
NC Division of Water Quality
Washington Regional Office
Attn: Al Hodge
943 Washington Square Mall
Washington, NC 27889
2. Mitigation
The project as proposed will require mitigation for the riparian buffer impacts associated with the
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarolina
A. r--] r)--4 ni4.dess*-+;- Arnnn rnoi 0-1,1-01)01 0-f rte. ?,, er D-r . V17hM 1111
JK Williams
Page 2 of 2
installation of the stormwater facilities. Please provide an acceptance letter from NCEEP or
another recognized mitigation bank for the impact square footage and associated multipliers per
zone of the riparian buffer, (Zone 1 impacts are at a ratio of 3 to 1 and Zone 2 are 1.5 to 1).
3. Riparian Buffer Restoration
Please provide a restoration plan, to be approved, that details replanting of woody vegetation
within disturbed areas located within Zone 1 and woody or other stable vegetation in Zone 2 of
the riparian buffer. Disturbed areas in Zone 1 must be replanted with forest vegetation including
at least two different native hardwood tree species at a density sufficient to provide 320 trees per
acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10
spacing) to 681 (8 x 8 spacing) trees per acre.) A copy of the NCEEP Riparian Buffer Guidelines
is attached with this letter.
4. Permitting Process
The project as you have proposed requires three forms of permitting from the DWQ. The road
crossing impacts require a General Certification Approval where the impacts are quantified on the
PCN form. The riparian buffer impacts associated with the Stormwater ponds require a Buffer
Authorization where the impacts are quantified on the PCN form (can be done on the same PCN
as the stream crossing request). The Zone 2 riparian buffer impacts associated with the storage
unit facility will be quantified on the Minor Variance application. Please complete these
applications and return them to the Washington Regional Office.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Kyle Barnes of the Washington Regional Office at 252-
948-3917 or Amy Chapman of the DWQ Central Office at 919-715-6823 if you have any questions
regarding or would like to set up a meeting to discuss this matter.
S' cerely,
Al Hodge/Supervi or
Division of Water Quality
Surface Water Protection
Washington Regional Office
Attachments: Partial project information received
June 27, 2008
cc: 4010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
Central Files
J. Kenneth Williams, 3313 US Hwy 70 East
New Bern, NC 28560
a
?... Y..
JUL 3 0 2008
Office Use Only: ;1V V s i f 4 Form Version March 05
USACE Action ID No. DWQ No. 0 8 1 1 8 7
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
I Processing 1,
1. Check all of the approval(s) requested for this project:
ErSection 404 Permit D' Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
Pi 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: t '?
3. 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), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: T. KE.NfrTW waLL."*ews- , 6w&I42 ..'T. 1C, wsLw,!? X P/?ar rr .t, ?Nt
Mailing Address: 3 -3&3 o t k w Y 7 e E &' r
M I*W BE l[-i. ,1 c 7-s s6 6
Telephone Number: Zs t . 3,t 9 -13 Z y Fax Number: -
E-mail Address:
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: Z'oHJ G. -rw o.%*. ", PF
Company Affiliation: TH a N? A r E-j6 j N 4FE A, ,J6 t e A
Mailing Address: Pb k ax t3 a 4
Ii6w 6E,t.?;.?c zes63
Telephone Number: Z -I'Z, 43 7. Z 7 Z"7 Fax Number: Z S Z , G 3 6 . Z'H
E-mail Address: 1*e m -) TK o,» its 60 T K e?? A•r 6 ??EC-rte b P4. c p µ
Updated 1 AMM
Page 5 of 12
M. 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 project: VoJ i frx O S(c L. F S-ro C aG
2. T.I.P. Project Number or State Project Number (NCDOT Only): N LA
3. Property Identification Number (Tax PIN): 7 - 6 21 (1 0 o a
4. Location
County: CAeA?&-t? Nearest Town: Nei.-, BERa (sq, Af c , rte,
Subdivision name (include phase/lot number): .v/A Ali r'r
Directions to site (include road numbers/names, landmarks, etc.): rit-oM rk e-
/,AT E C7't oN or- 05 ?D ka+D Sit JOG (THuAmAJ KaAD) . TZAyEL
kPP??X. T 0 -1oard a.-) 0s Ta. PR oxECl- L S oa T?1C- AJ 614 T.
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.) too
Decimal Degrees (6 digits minimum): 35 ` Z.- 3 o N ON T7 °O Z• a °W
6. Property size (acres): 3.9
7. Name of nearest receiving body of water: 8 LeLET ""15-
8. River Basin: ^+ &V J E
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hM://h2o.enr.state.ne.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: C- c&A &a -- PREd 16 US L Y F'-o LE-j T6-fJ
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
QU?c.p?d6 2oADt.P?wD.t. STaX#- DitAIa w?TK T`t101(-41. ?Q??Pr•.•E,vr
-SwCO k-r EwcavA-raj r4 6440&Rs. i?o?LE,cr, ?c
11. Explain the purpose of the proposed work: 1'o d o i L-v o a,..?,, c a t,
STaRA-Gt_ Omi-r *0 A-c, - , -r!J
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., / A
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.
N aN Cr 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
ripmp 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.
1. Provide a written description of the proposed impacts: FILL Ra+awAwli
?2`?S/??6. crHi[?/ ?JGG .,?r6L.uDF cv ?C,Arro A?,o atuE U?++F
SIy TJ?G} m 6.•,/???AGT.f.?y!jy?+'??2 ?..,-?i9-+G?',? ?.? o,d E.t a
Updated 11I 2005
Page 7 of 12
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
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
j.M P.#c T ?Zoj L,a. E srxV-,-. AJ

P

Total Wetland Impact (acres) O.0 3
3. List the total acreage (estimated) of all existing wetlands on the property: D. (o 4-C
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, multi 1 length X width, then divide b 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
i y,Pr4cr i V. 12 ' t cP 0.03
4f1 CA4?K Toe ro iv/

Total Stream Impact (by length and acreage) /! ?./' O•o,?
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.
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)

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12
b. List the cumulative impact to all Waters of the U.S. resulting from the project
Stream Im act acres :
Wetland Impact (acres): , es
Open Water Impact (acres):
Total Impact to Waters of the U.S. acres

09-
jev- Total Stream fin pact (linear feet :
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes 5d 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.
8. 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., damlembankment, excavation, installation of
draw-down valve or spillway, etc.): i9XC*%1A'?'i o-?
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): S? ti^'A'2
Current land use in the vicinity of the pond: C-4Z-*Z&-O
Size of watershed draining to pond: 2 op 3 k c. P1 Expected pond surface area: P/ w G oo s?
I. 79 Ac p2 ?L s b.ra ?'
VII. Impact Justification (Avoidance and Minimizati oA)
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.
_See A hhul &,W
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.
Updated 11/1/2005
Page 9 of 12
USACE - 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 USACE 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 (see DWQ website for most current
version.).
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.
A61A
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
website at hn://www.ncM.net/pageshnlieMEeplace.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):
Amount of buffer mitigation requested (square feet): sy S /°
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated 11/12005
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (fede te/local) funds or the use of
public (federal/state) 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 ? 0/,q.
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 ? ????
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 J? Yes Er 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 multiAliers.
Zone* I , Impact
Total Z/ 3
Zone 1 extends out 30 feet perpendicu
additional 20 feet from the edge of Zone 1.
Multiplier
3 (2 for Catawba)
1.5
the top of the near bank
Required
3U5?
78.
nnel; Zone 2 extends an
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 15A NCAC 2B .0242 or.0244, or ,0260. P, 4 ;p'm E--,T 7-0 IV -c E6i°
S Ee 4-ry0n-q Eo z> o z- ce.-17-f
Updated l l/1/2005
Page 11 of 12
M.
XII.
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. AX41 I.#e & = /" , <,, P 7 -nom
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.
ivo w?s1-Ew.4r?C O.scy?tc ?
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 14 No ,?
Is this an after-the-fact permit application? Yes ? No ® CS etfl°,?
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 P?t
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:
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).
2. `(
/?lzooV
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/12005
Page 12 of 12
r NO-
-d?j
?tem
,n ol. 'ceMCI?
PROGRAM
July 9, 2008
Ken Williams
J.K. Williams Properties, LLC
3313 US Hwy 70 East
New Bern, NC 28560
Project: United Self Storage Phase One
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/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to 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 following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Neuse 03020204 0 0 0 0 0 0 8039 2968
Credits Neuse 03020204 0 0 0 0 0 0 24,117 4,452
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the 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 Valerie Mitchener at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tracy Wheeler, USACE-Washington
Kyle Barnes, NCDWQ-Washington
John Thomas, agent
File
Expiration of Acceptance: January 9, 2009
Sincerely, Q
?` t
Wil m D. Gilmore, PE
Director
R,P.stormg... f .. Protectu? our Stag
MORM
ACRE=
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC27699-16521919-715-0476/www.nceep.net
r I**-
-9;J
WIT( tem .
PROGRAM
July 9, 2008
Ken Williams
J.K. Williams Properties, LLC
3313 US Hwy 70 East
New Bern, NC 28560
Project: United Self Storage Phase Two
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/401 Certifcation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to 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 following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Neuse 03020204 0 0 0 0 0 0 7396 2951
Credits Neuse 03020204 0 0 0 0 0 0 22,188 4,426.50
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the 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 Valerie Mitchener at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tracy Wheeler, USACE-Washington
Kyle Barnes, NCDWQ-Washington
John Thomas, agent
File
Expiration of Acceptance: January 9, 2009
Sincerely,
Will D. Gilmore, PE
Director
R?storjjl?j .. E&44"... Prot" OW _ffit&
A,AIV
IMIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS.
WILMINGTON DISTRICT
Action ID. SAW-2008-01045 County: Craven USGS Quad: New Bern
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: J.K. Williams Properties, Incorporated
Address: J. Kenneth WiDiams
3313 U.S. Highway 70 East
New Bern, North Carolina 28560
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): Property is a 3.9 acre tract located on the
northeast side of US 70 north of NCSR 1116 near the community of Thurmon in Craven County, North Carolina.
Description of projects area and activity: Applicant proposes to place MI in 0.03 acres of Jurisdictional wetlands to
construct a road crossna for commercial development. See attached Special Conditions.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number.. NWP-14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tracey Wheeler [phone] ex 24.
Corps Regulatory Offiei Qp Date: 04/17/2008
Expiration Date of Verification: 04/17/2008
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at bZ://regWatory.usaggurvey.com/ to complete the survey
online.
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and is adjacent to an unnamed tributary of Brices Creek and the Trent River
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Tmcey Wheeler, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 06/16/2008.
"It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence."
Corps Regulatory
Date 04/17/2008 Expiration Date 04/17/2013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
John Thomas
Thomas Engineering, P.A.
Post Office Box 1309
New Bem, North Carolina 28563
Page 2 of 2
April 17, 2008
Regulatory Division
Action ID No. SAW-2008-01045
Mr. J.K. Willaims
United Self Storage
3313 U.S. Highway 70 East
New Bern, North Carolina 28560
Permit Special Conditions
Your work is authorized by Nationwide Permit 14 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 0.06 acres of riparian wetlands in the
Neuse River Basin, Cataloging Unit 03020204.
Construction within jurisdictional areas on the property shall begin only after the
permittee has made full payment to the NC EEP and provided a copy of the payment
documentation to the Corps, and the NC EEP has provided written confirmation to the
Corps that it agrees to accept responsibility for the mitigation work required, in
compliance with the MOU between the North Carolina Department of Environment and
Natural Resources and the United States Army Corps of Engineers, Wilmington District,
dated November 4, 1998.
c. Excavated or fill material shall not be placed in any location or in any manner so as
to impair surface water flow into or out of any wetland area or jurisdictional water.
d. Use of any United States Army Corps of Engineers (Corps) jurisdictional areas as
part of a permitted storm water treatment system will be included as an impact and will
require additional authorization from the Corps.
If you have not already done so, you should contact Mrs. Cyndi Karoly, North
Carolina Division of Water Quality, telephone [phone], regarding Section 401
Water Quality Certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval. This verification will be
valid for two years from the date of this letter unless the nationwide authorization is
modified, reissued or revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Ms. Wheeler, Washington Regulatory Field Office, telephone [phone],
extension 24.
Action ED Number: SAW-2008-01045 County:Craven
Permittee: J.K. Williams United Self Storage
Date Verification Issued: 04/17/2008
Project Manager: Tracey Wheeler
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1000
WASHINGTON, NORTH CAROLINA 27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 01/31/2008
B. DISTRICT OFFICE, FILE NAME, AND NUMBERCESAW-RG-W SAW-2008-01045
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project property is a 3.9 acre tract located on the northeast side of US 70
north of NCSR 1116 near the community of Thurmon in Craven County, North Carolina.
State:North Carolina County/parish/borough: Craven Ci New Bern
Center coordinates of site (lat(long in degree decimal format): Lat. 35.0417°,., Long. 77.0056° .
Universal Transverse Mercator:
Name of nearest waterbody: Brices Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Brices Creek
Name of watershed or Hydrologic Unit Code (HUC): 03020204
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD
form
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION U: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There ire !J "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area.
[Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There ? "waters of the US" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. In review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
p= Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 114 linear feet: 12 width (ft) and/or 0.03 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: @`? IiyQ
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check V applicable):
r Boxes chccked below shall be supported by compieting the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g.,
typically 3 months).
3 Supporting documentation is presented in Section M.F.
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section
III.A.1 and Section M.D.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section
III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine
whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters"
(RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland
that directly abuts an RPW Is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, sldp to
Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA
regions will include in the record any available information that documents the existence of a significant nexus between a relatively
permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant
nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider
the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes,
the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent
wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any
onsite wetlands, and Section III.B3 for all wetlands adjacent to that tributary, both onsite and offsfte. The determination whether a
significant nexus exists is determined in Section 1ILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i} General Area Conditions:
Watershed size:
Drainage area: M
Average annual rainfall: inches
Average annual snowfall: inches
() Physical Characteristics:
(a) Relatimhft with TNW:
? Tributary flows directly into TNW.
? Tributary flows through J tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters are river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are 'c aerial (straight) miles from RPW.
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Ema
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. TyW16 cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry:
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year-
Describe flow regime:
Other information on duration and volume:
Surface flow is: - Characteristics:
Subsurface flow: Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of.terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
3 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into nM.
6A natural or roan-made discontinuity in the OHWM does not necessarily sever jurisdiction (cg., where the stream temporarily flows underground, or where the
OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow
over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

High Tide Line indicated by. Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatictwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is Explain:
Surface flow is: &Wili
Characteristics:
Subsurface flow: Explain findings-
[] Dye (or other) test perforcrsrd:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wedand hydrologic connection Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proxi= akelationship) to TNW
Project wetlands are river miles from TNW.
Project waters are aerial (straight) miles from 1W.
Flow is from
Estimate approximate location of wetland as within the M floodplain.
(11) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water qualit); general watershed characteristics;
etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatictwildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if an
All wetland(s) being considered in the cumulative analysis: JJM
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/1) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any
wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW.
For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more
than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when
evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and
its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine
significant nexus based solely on any specific threshold of distance (e g. between a tributary and its adjacent wetland or between a
tributary and the TNW). Similariy, the fact an adjacent wetiand lies within or outside of a floodplain is not solely determinative of
significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in
the Instructional Guidebook Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to
reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other
species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological
integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings
of presence or absence of significant nexus below, based on the tributary itself:, then go to Section II1.1):
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly late TNWs.
Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands,
then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or
absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly Into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary
is perennial: Waterbody has defined channel, marked line in bank, absence of vegetation, sediment sorting, lack of debris in channel,
flow in drought conditions.
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional.
Data supporting this conclusion is provided at Section 11I.13. Provide rationale indicating that tributary flows seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is
jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
R ?Y
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section 111.13.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an
RPW:
Provide acreage estimates for jurisdictional wetlands in the review area acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly Into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is
provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNW&
BSee Footnote # 3.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with
similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is
provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters'
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
s' Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY):"
H which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
[] Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON4MSDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
f If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland
Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule' (MBR).
0 Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
[J Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e.,
presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all
that apply):
[ Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lalces(ponds: acres.
Other non-wedand waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a
finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
[1 Wetlands: acres.
s To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review
consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jarisdictien Following Rapanos.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and
re uested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Thomas Engineering.
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.

Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 New Bem Quad.
USDA Natural Resources Conservation Service Soil Survey. Citation:Craven County Soil Survey Sheet 12.
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
n Previous determination(s). File no. and date of response letter:
Applicable(supporting case law:
Applicable(supporting scientific literature:
Other information (please specify): Site visit 01/17/2008.
B. ADDITIONAL COMMENTS TO SUPPORT JD:
Y ,
Applicant: J.K. Williams
File Number: SAW-2008-
01045
Date: 04/17/2008
Attached is:D See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section H of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for finther instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Tracey Wheeler Mr. Mike Bell, Administrative Appeal Review Officer
U.S. Army Corps of Engineers CESAD-ET-CO-R
Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9M15
[phone] ex 24 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
Date: Telephone number:
of appellant or
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Tracey Wheeler, Project Manager, Washington
Regulatory Field Office, Post Office Bog 1000, Washington, North Carolina 27889
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801

US HWY 71
THURMAN ROAD
(SR 1116)
ApplicandOwner
J. Kenneth Williams
J. K. Willams Properties, LLC
3313 US Highway 70 East
New Bem, NC 28560
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COVER
BLUE LINE STREAM CROSSING PLANS for
UNITED SELF STORAGE
NATIONWIDE PERMIT 14
TOWNSHIP # 7 CRAVEN COUNTY NORTH CAROLINA
Thomas Engineering, P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563 I
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: I":1000' DATE: 1.23.08
PROJECT #: 2005-019 SHEET: 1 of 6
M .
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Thomas Engineering , PA,
Civil Engineering eLand Development *Project Management
P. O. Box 1309, New Bem, NC, 28563
www.ThomasEngineeringPA.com 8
Off: 252.637.2727 Fax: [phone]
SCALE: 1":200' DATE: 1.23.08
PROJECT #: 2005-019 1 SHEET: 2 of 6
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STORMWATER pdPACTA
ZONE 2 AREA - 2,951 SF
ZONE 1 AREA = 7,396 SF
2 AREA =

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=148 SF
J PAVEMENT DAPACD
1 ZONE 1 AREA = 4,813
PROPOSED BUILDING
ZONE 2 AREA = 470 SF
STORMWATER IMPACM
ZONE 1 AREA - 8,039 SF
ZONE 2 AREA = 2,968 SF
ZONE 2 AREA = 1.712 SF
IS,
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GRAF-1 C 'CALL
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WETLAND FILL & BLUE LINE IMPACTS
BLUE LINE STREAM CROSSING PLANS for
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NATIONWIDE PERMIT 14
TOWNSHIP # 7 CRAVEN COUNTY NORTH CAROLINA
Thomas Engineering, P.A.
Civil Engineering *Land Development *Project Management
P. O. Box 1309, New Bem, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":40' DATE: 1.23.08
PROJECT #: 2005-019 SHEET: 4 of 6
s .
?N
FILL FOR BLUE LINE
STREAM CROSSING
C /L
110' FILL EXTENTS
6' 20'-0" PAVEMENT 6'
SHOULDER 10' 10' SHOULDER
1"/FT 1/4"/FT 1/4"/FT 1"/FT
96 LF 36" RCP
SECTION A-A
N.T.S.
SECTION B-B
24.0'
22.0'
20.0'
18.0'
16.0'
14.0'
24.0'
22.0'
20.0'
18.0'
16.0'
0+25 0+50 0+75 1+25 1+50 1+75 2+25 2+50 2+75 3+25 3+50 3+75 14.0'
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STATION
Horizontal Scale: 1"=60'
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BLUE LINE STREAM CROSSING PLANS for
UNITED SELF STORAGE
NATIONWIDE PERMIT 14
TOWNSHIP # 7 CRAVEN COUNTY NORTH CAROLINA
Thomas Engineering, P.A.
Civil Engineering *Land Development *Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1":60' DATE: 1.23.08
PROJECT #: 2005-019 SHEET: 5 of 6
3.1
-L ":REA OF BUFFER IMPACTS.
t?ONE 1 = 1,269 SF
TREE TABULATION:
AREA (ZONE 1) = 1,269 SF
N OF TREES(MIN. 320 PER ACRE) = .029 X 320 = 10 T
ED MAPLE
SOUTHERN RED OAK
Detail
Scale: 1"=30'

Site P
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www.ThomasEnginceringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1":60'
DATE: 1.23.08
PROJECT #: 2005-019 SHEET: 6 of 6