20051071 Ver 2_More Info Received_20061031

ROBERT M. CHILES, P.E.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
TELEPHONE: [phone]
FAX: [phone]
[e-mail]
TO: Ian McMillan
NCDENR
WE TRANSMIT:
FOR YOUR:
THE FOLLOWING
[ ]HEREWITH
[X] AS REQUESTED
[ ]APPROVAL
[ ]DISTRIBUTION
[X] USE
[ ]PRINTS
[ ]COPY OF LETTER
[ ]SPECIFICATIONS
~QO ~ / ~ 7f ~' ~
LETTER OF TRANSMITTAL
DATE: 10/30/06
ATTN:
JOB NO: 2005036
REF: B/S/H
1 i~l"A A ~ fi.l T
{~ la'±i~
RECEIVED
[ ]UNDER SEPARATE COVER
[ ]VIA
[ ]INFORMATION
[ ]RECORDS
[ ]REVIEW AND COMMENTS
[ ] MYLAR
[ ]PLANS
[X] OTHER
DESCRIPTION: Additional copies of application for BSH Home Appliances Logistic Center
Application fee
REMARKS:
SIGNED
COPY TO:
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U.S. ARMY CORPS OF ENGINEERS
INDIVIDUAL PERMIT APPLICATION
FOR THE d ~ ~ I ~ ~ ~ ~
B~/S/H/ HOME APPLIANCES LOGISTICS CENTER
300 EXECUTIVE PARKWAY,
CRAVEN COUNTY INDUSTRIAL PARK
DEVELOPED BY
B~/S/H/ HOME APPLIANCES CORPORATION
120 BOSCH BOULEVARD
NEW BERN, N.C. 28562
PATRICK FRANKE
DIRECTOR LOGISTICS
[phone]
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ROBERT M. ILES, P.E.
Engineers 8~ Consultants
417-A Broad Street
P.O. Box 3496
New Bern, N.C. 28564-3496
October 12, 2006
Job No. 2005036
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INDEX
INTRODUCTION ~ ~/v ~/ ~~
D
EXISTING FACILITIES
FACILITIES EXPANSION
PROJECT PURPOSE AND NEED
ALTERNATIVES ANALYSIS
COMPLIANCE WITH SECTION 404(b)(1) GUIDELINES
Sut~parts C - H
MITIGATICQN
ENCLOSURES
Application for Department of the Army Permit, ENG Form 4345, Jul 97
Drawings:
• B/S/H/ Home Appliances Logistics Center, Existing Conditions at Craven County
Industrial Park for H8~M Company, Inc., prepared by Robert M. Chiles, PE.
• B/S/H/ Home Appliances Logistics Center, Proposed Wetland Impact at Craven
County Industrial Park for HB~M Company, Inc., prepared by Robert M. Chiles, PE.
• Portion, USGS Quadrangle Jasper, with project site indicated
Copies:
• Notice of Jurisdictional Determination, Action Id. 20051 1024
• Nationwide 39, Action Id. 20051 1 1 29
• NCDENR Certification #3402, DWQ Project #OS-1071
• NC Natural Heritage Program site determination
• NC Ecosystem Enhancement Program acceptance

INTRODUCTION
B/S/H/ Home Appliances Corporation is the New Bern affiliate of Busch Und Siemens
Hausgerate GMBH, which was founded in Germany ih 1967. According to the New Bern
Chamber of Commerce, the local facility currently employs about 400 persons and plans to
add another 1,400. With over 34,000 employees in 40 countries, B/S/H/ is the 3`d largest
manufacturer of home appliances worldwide. The New Bern facility manufactures
ovens/ranges, dish washers, washing machines and dryers designed specifically for the US
market. Expansion of the facility's workforce is preceded by recently completed and
proposed construction at the Bosch Boulevard manufacturing site. The expanded
manufacturing capabilities and workforce are directed toward increased production. Bringing
the production increases to fruition mandated either onsite or nearby product handling
facilities capable of receiving, warehousing, and shipping all products manufactured. The
result was the B/S/H/ Home Appliances Logistics Center at Craven County Industrial Park.
H8~M Company, Inc. of Jackson, TN, one of Engineering News Record's Top 100 design-build
firms, recently completed first phase construction of the B/S/H/ Logistics Center. The 583,000
square feet warehousing/distribution center, loading and unloading aprons, trailer storage,
driveways, and employee parking facilities began operations in February 2006. These facilities
are constructed on 61 acres of an 84 acre site located at the entrance to the Craven County
Industrial Park's campus south of US Highway 70.
This permit application seeks permission to impact 1.02 acres of wetlands in order to initiate the
second construction phase at the logistics center. Second phase construction proposes an
additional 517,500 square feet of building space, attendant driveways, trailer storage, loading
and unloading aprons. Upon completion, the building will enclose over 1,100,500 square feet
of materials storage, handling, shipping and receiving space, and the office space required for
onsite staffing and management purposes.
EXISTING FACILITIES
Craven County Industrial Park is located on Clarks Road, one exit (approximately 4.3 miles) west
of New Bern along US Highway 70. The Industrial Park is divided centrally by the highway into
north and south campuses, with Industrial Drive being the entrance road of the north campus
and Executive Parkway being the entrance road of the south campus. The project site is
located at 300 Executive Parkway, the first parcel on the left at the Industrial Park's entrance.
Recent construction on the site includes a 583,000 square foot building, paved aprons and
trailer storage, driveways, employee parking, and stormwater management system. Prior to
construction, site coverage included 34 acres of woodland and 50 acres of agricultural fields.
All wooded areas, except those contained within wetlands were removed during the first
construction phase.
Page -3-

Existing topography was and remains relatively flat. The most prevalent ground surface
elevations onsite range from 27 to 29 feet, NAVD88. Areas used for an overburden spoil pile
and an earthen berm visual screen slope upward from these elevations at 3H:1 V to flat plateau
top surfaces. Except for the screening berm, the largest topographic relief is found where the
site slopes downward at the east property line into an exiting agricultural drainage ditch and
an unnamed tributary of Deep Run, a tributary of Bachelor's Creek.
According to the USDA Soil Survey of Craven County, soils at the project site are classified as
Bragg soils (BrB), Lynchburg fine sandy loam (Ly), Leaf silt loam (La), Lenoir silt loam (Le), Rains
fine sandy loam (Ra), Pantego fine sandy loam (Pa), and Goldsboro loamy fine sand (GoA).
Site specific geotechnical investigations have been performed by Mactec Engineering and
Consulting, Inc., and their report of findings prepared November 16, 2004 indicates that the site
is located in the Coastal Plain Physiographic Province. Additional information regarding soil
classifications, relative densities and various construction methodologies are also contained in
the report.
Three areas of wetlands subject to the permit requirements of Section 404 of the Clean Water
Act are located within the project site and now contain 0.13, 0.59, and 1.02 acres. These areas
are depressional forested wetlands populated with a mix of hardwoods, conifers and
shrub/scrub assemblage. The three areas pond approximately six inches to one foot of water
seasonally and are connected to the unnamed tributary via long established agricultural
ditches. A notice of jurisdictional determination was issued for these areas under US Army
Corps of Engineers (USAGE) Action Id. 20051 1024. Portions of the two larger areas totaling 0.45
acres were previously impacted as part of the first construction phase. Those impacts were
issued Nationwide Permit Number 39 bearing USAGE Action Id 20051 1 129, and NCDENR 401
approval bearing DWQ Project #OS-1071.
A letter requesting a determination regarding the presence of endangered or threatened
species of plants, fish, wildlife, critical habitat, park lands, recreation or scenic areas, nature or
historic preserves was forwarded to the NC Natural Heritage Program. No comments were
received from this agency during the permitting process associated with the previous impacts.
According to their February 23, 2006 response, they have no records of rare species or
significant natural heritage areas, or nature preserves within 2 kilometers of the project site.
FACILITIES EXPANSION
A 517,500 square foot building expansion is proposed, and is basically configured as a 900 foot
lengthening of the existing building in an eastward direction. This will result in an overall building
of approximately 1,100,500 square feet. Expansion of the associated paved areas for loading
aprons, trailer storage and drives is also proposed.
PROJECT PURPOSE AND NEED
The primary purpose for the proposed expansion of this facility is to complete the intended
supporting function for B/S/H/ Home Appliance's expanded and expanding manufacturing
Page -4-

facility at the Bosch Boulevard, New Bern plant site. As one of only two US based B/S/H/
manufacturing facilities, the Bosch Blvd facility is the primary manufacturer of ranges,
dishwashers, washers and dryers for the company's- US market. The project site is responsible for
providing warehouse storage for the production output of the New Bern production lines
including all imported goods, as well as functioning as the shipping and distribution center for
delivery of those products nationwide.
Initially intended for construction at some point in the future, expansion of the logistics center
has become an immediate necessity. The newly constructed first phase was designed around
production capabilities at the Bosch Blvd facility when the contract was let. Based upon then
current production, the newly completed logistics center was expected to provide ample
support for approximately 3 to 5 years. The proposed future construction would be initiated
when manufacturing production at B/S/H/ achieved 75% of the unit handling capacity of the
logistics center. Owing to the construction of one new and expansion of two existing buildings,
and the addition of 3 production lines at the Bosch Blvd manufacturing facility, production has
alreddy reached 75~ of the new logistics center capacity. With the addition of one more
manufacturing building and the anticipated 1,400 new employees, production will exceed the
initial logistics center capabilities much sooner than first anticipated, thereby requiring that the
expansion be initiated at this time.
The decision to provide a site for the logistics center within the industrial park was made by the
Craven County Economic Development Commission in order to provide incentive for B/S/H/ to
keep its manufacturing plant in New Bern. Constructing the logistics center at the entrance of
the Industrial Park's south campus was, at least in part, an attempt to spur future development
within the industrial park. The project site is one of only two locations within the park capable
of providing a enough land for the project. The other location is only slightly smaller at
approximately 80 acres, but was not chosen because the site is divided by an unnamed
tributary to Deep Run in addition to possibly containing depressional wetlands similar to the site
chosen.
The logistics center is only the fourth building constructed in the park's south campus, and the
first by a company that is not considered a utility provider. The construction of a l .l million
square foot logistics center by a private manufacturer was viewed as having the potential to
shed a positive light on a seemingly underutilized industrial park and to attract the construction
interests of other businesses.
ALTERNATIVES ANALYSIS
The existing logistics center is the result of many site plan changes that addressed building
location, configuration and alignment within the site. Situating the building with its long side
parallel to the road frontage was the only alignment that would allow the desired configuration
and intended dimensions of the building.
One alternative to the proposed wetlands impact is to not build the expansion. However,
construction of the logistics center was a crucial part of B/S/H/'s decision to expand the
Page -5-

manufacturing capabilities at the Bosch Blvd facility and remain in New Bern. The decision to
not complete the logistics center is contradictory to other work already performed in order to
support increased production. Of importance to the community, not constructing the
expansion would restrict the anticipated workforce expansion at the B/S/H/ manufacturing
facility, and could jeopardize the entire workforce by creating a need for the manufacturer to
relocate in order to fully attain its production goals.
Every conceivable building configuration that could potentially provide the intended square
footage while impacting a smaller portion of the wetlands area represents another alternative.
The most readily apparent of these alternatives is an ell-shaped expansion connected to the
existing building's east side, south of the wetland area and constructed to turn northward
beyond the wetland's east side. While this alternative might potentially eliminate all proposed
direct impacts to the wetlands, it generates a layout that produces indirect wetland impacts,
reduces materials handling and climate control efficiencies, and increases the anticipated
maximum stormwater runoff. An .ell-shaped expansion, as described earlier, will border the
existing wetland area on the south and east sides. Because the remaining drainage area for
the wetland is located primarily to the south and east, and because all runoff from the building
and associated impervious areas is directed to the stormwater system, the drainage area
contributing to the wetland will effectively be eliminated. Indirect wetland impacts owing to
the elimination of the drainage area will result. Compared to the rectangular expansion, the ell
shaped alternative increases materials handling movements from 18% to 97% depending upon
which side of the expansion the movements occur. Additionally, the ell-shaped alternative will
generate an exterior wall length increase of approximately 48~ over the rectangular shape
expansion which will result in heating and cooling cost increases. Based upon an ell-shaped
configuration, loading aprons and truck ingress/egress road surface areas will, of necessity, be
larger, resulting in larger impervious surface areas, increased runoff, and a requirement to
modify the stormwater management system in order to provide treatment for increased
stormwater runoff.
Yet another alternative would be to construct the proposed expansion separately on another
site where no impacts would be required. However, this alternative does not fulfill the basic
purpose of the proposed expansion or the overall project, that being to create one logistics
center under a common roof at one location. A second building would require additional
infrastructure, stormwater management, utilities, staff, and owing to the size of the expansion,
may not be possible at another location within the industrial park. Logistical and financial
considerations mandated by this alternative may well preclude constructing the expansion.
COMPLIANCE WITH SECTION 404(b) (1) GUIDELINES
In order to facilitate a finding of compliance (or non-compliance) as required by 40 CFR 230.12,
we offer the following discussion of Part 230: Section 404(b) (1) Guidelines for Specification of
Disposal Sites for Dredged or Fill Material subparts C through G.
Page -6-

Subpart C -This subpart discusses effects of the proposed discharge on existing substrate,
suspended particulates/turbidity, water, current patterns and water circulation, normal water
fluctuations and salinity gradients within the proposed discharge site.
If permitted, the proposed impacts will eliminate the existing substrate through undercut
and placement of structural fill across the entire 1.02 acres in preparation for the
proposed construction. The presence of a water body is only seasonal and is not subject
to currents or circulation. The level fluctuates seasonally from zero to approximately 12
inches in depth across portions of the wetland area, and is rainwater supplied.
Subpart D -This subpart discusses effects of the proposed discharge on threatened and
endangered species, fish, crustaceans, mollusks and other aquatic organisms used by man,
and other wildlife.
There are no threatened or endangered species, plant or animal, known to exist within
the proposed discharge site.
There are no fish, crustaceans, or mollusks within the proposed discharge site.
Other wildlife in the area of the Craven County Industrial Park included wild turkeys,
deer, bear, geese, and possibly racoon, opossum, and fox. The area surrounding the
industrial park contains many hundreds, if not thousands of acres of habitat capable of
providing any such habitat contained within the proposed 1.02 acre discharge site.
Subpart E -This subpart discusses effects of the proposed discharge on, and defines, special
aquatic sites.
Wetlands are listed as a special aquatic site in paragraph 230.41. The other paragraphs
of this subpart are not applicable.
The wetland proposed to be impacted is depressional in nature. Wetlands are typically
accredited with the protection of downstream receiving waters via retention, storage,
and/or treatment of stormwater runoff. This wetland is minimally connected to and
considerably distant from any downstream waters, and compared to its own surface
area, provides treatment for a negligible portion of the surrounding area. Wetlands are
also accredited with providing a shielding function for the surrounding uplands from
wave action, storm damage, or erosion. Owing to the location of this wetland, being
surrounded entirely by uplands, these functions are not provided. If the proposed
impact is permitted, any treatment function once supplied by this wetland area will be
replaced by the existing stormwater management system constructed during phase one
of this project.
Subpart F -This subpart discusses effects of the proposed discharge on human uses associated
with the proposed discharge site with respect to water supply wells, fisheries, water-related
recreation, aesthetics, parks, national and historical monuments, seashores, wilderness areas,
research sites and similar preserves.
There are no water supply wells within the confines of the project site. The industrial park
and the surrounding area are served by a public water well located near Cove City.
There are neither fish nor water-dependant recreation uses affiliated with the wetland.
Page -7-

As stated earlier, all trees except for those within the wetland areas were removed from
the project site during the first construction phase. The remaining trees appear sparse
and many have long bare trunks. Ground cover is primarily reed-type grasses. If there is
any aesthetic value associated with this particular wetland, it is limited at best.
Subpart G -This subpart discusses evaluation and testing of the material being discharged as it
relates to potential effects upon remaining jurisdictional portions of the discharge site that are
not proposed to receive direct discharge.
If permitted as requested, no jurisdictional waters of the US will remain within the
discharge site upon project completion. Therefore, this subpart does not appear to be
applicable to this individual permit application.
Subpart H -This subpart annotates actions that can be utilized to minimize adverse effects of
proposed discharges, and similar to subpart G, appears to be directed toward remaining
portions of the jurisdictional disposal site that are not proposed to receive direct discharge.
If permitted as requested, the entire jurisdictional disposal site will be eliminated by the
proposed discharge activity. Accordingly, the provisions of subpart H are not
applicable.
MITIGATION
Mitigation for the non-riparian wetland discharge site, if required, is proposed to take the
form of participation in the NC Ecosystem Enhancement Program by way of in-lieu fee
payment. Anticipating a 2 to 1 mitigation ratio for the 1.02 acres impacted and a{~plying the
current $13,123 per acre mitigation fee, results in a payment of $26,771 to the NCEEP.
Acceptance for participation in the North Carolina Ecosystem Enhancement Program
was granted, and a copy of the approval to participate in that program is attached.
Page -8-

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT ~ OMB APPROVAL NO. 0710.0003
f33 CFR 3T51 Expires December 31. 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any otf-er aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 12111 Jefferson Davis Highway, Suite 1204, Arlington, YA 22202-4302; and to the Office of Management and Budget.
Paperwork Reduction Project 10710-00031, Washington, DC 20503. Reaponderrts should be aware that notwithstanding any other provision of few,
ra person shall be subject #o any penaky for falCmg to comply with a collection of information if it does not display a currertly valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers end Harbors Act, Section 10, 33 USC 403; Clean Water Act; Soction 404, 33 USC 1344; Marine Protection ,Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purposes: information provided on this form will be used in evaluating the application for a
permit. Rovtirx Usea: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is net provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location end character of the proposed activity must be attached to this
application lees sample drewings and irtstructansl and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full wilt be returned.
1. APPLICATION NO. t 2. FIELD OFFICE CODE ~ 3. DATE RECEIVED 14. DATE APPLICATION COMPLETED
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I hereby authorize, ~Oi3Eft! l~!\ CFFII..CS ~~ to act in my behalf as my agent in the processing of this application and to
tumish, upon r st, supplemental information in support of this permit application.
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APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCR1PT10N OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE rsee insrrup'forts:
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17. DIRECTIONS TO THE SITE j-k.on-~ tt'`t ~E.ut 1 RA~VE~ US Her rf O WEST - ~"'K r!- ,4-T NC52 i Z ZS
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18. Nature of Activity (Dascripion d po,~i, indu0e art rMnxetl `"'~'~ ~ Cv YZC~c N i ' ~ JL.O J C ~ i lci i L L /~ D/i) `J ! ~~ `J D ~\ 5 Q - ~ I
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19. Project Purposef0esc*ibet/r_rcbsaraprpaseo/theprojetr,seeilAtTruCYlOru, I ~~S ~v~POSE D~ "r"~C "-'12o~CC1 ~5 I~ Ek1+~~y~
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PL f}iJ S .
uSE BLOCKS 20-22 iF DREDGED AND/OR FILL MATERIA~IS TO BE DISCHARGED
20. Reasonts)forDischarge ,~, ~rS,y~,V~- ~oVrat~~T"ton! ~o~ ~iR~~oSt_~ `~~~~-~~~V C7c~{~NS1pr~

21. Type(s) of Material Being Discharged and the Amount of Each Tvpe in Cubic Yards ~~Zr/C,rd}-(., ~~'~~J.~+~/~1~I f U ~'O IJ
j2~~On~sriN~rD.~TiooJS ~a= 6~oiEC/fNJCo4L R~'~o~e.'j"~St"t2y.c'~"VRt~d,.,.~}t.%~, VdLUmr 'i)a=PC:V~'An1i
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22. Surface Area in Acres of Wetlands or Other Waters Filled rsee %nsrrvct%onsJ
W~T1-.PrrJT~ SL~FI~CJc f~~2~~ 1S y~r~9l~ SQ.~'.
23. fs Any Portion of the Work Already Complete? Yes ~ No tF YES, DESCRIBE TFIE COMPLETED WORK
vJDC`k, f~SSD~ty~'T'Lr.n lv~? ~ T~41S ArP°l-\Cf4?10r.i 1S SrLC.~l~1~ ~'}}~fsSC Vii- ~t~'i~AL. ~t (ZO~~.C-) .
Fr25i p+~~t Ac °203t<.l iS CQm PL>~T'E,
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adpins the Waterbody (If more than can be entered here,
please attach a supplemental list?. _
~~=~-~c1~n Wir~'TLf}tl~ 1~ bJi#-p~-Et-y CDN%,41Ni`>] ;,Jii~lN Ttl-~ ~QQ1-1c~1iS ~~~'ts~-~`~.
25. t.ist of Other Certifications or ApproveislDenials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
nI~pEN 2 5To¢wu.~nlr~+r, 5 w 70~0~ Z-`j I (o /!S ~
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'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made far a permit or permits to authorize the work described in this application. I certify chat the information in this
application is complete and eceurate. I further certify that I possess th~a~thority ta}u~deriake the work described herein or am acting as the
duly autize ape t of the licant,
//,~./~ ~ l%z D G
SIGNATURE OF APPLICANT DATE SIGNl,~RE DF,AGEN'j' , DATE
The application must be signed by the person who desires to undertake the pr~posed'~activity {applicentl or~it may oe ~sigried by a duly
authorized agent if the statement in block 11 has bean filled out and signed.
18 U.S.C. Section 1001 provides that: VYhoever, in arty manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any talse, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shat! be fined not more than S 10,000 or imprisoned not more than five years or both.

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Name: JASPER Location: 035° 08' 00.3" N 077° 09' 59.0" W
Date: 5110!2005 Caption: B/S!H/ Home Appliances Logistics.Certter
Scale: 1 inch equals 2000 feet ,... ; - ~ ~ ~`,
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Copyright (C) 1997, Maptech, Inc.
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U.S. ARMY CORPS OF ENGINEERS ,r~ ,~ ~ ~ I ~ ~~
WILMINGTON DISTRICT ~(J
Action Id. 200511024 County: Craven U.S.G.S. Quad: Jasper
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Craven Countv Economic Development Commission c/o Mr. George Chiles
Address: Robert M. Chiles, P.E.
Post Office Box 3496
New Bern, North Carolina 28564-3496_
Telephone No.: [phone]
Property description:
Size (acres) approximately 90 acres Nearest Town New Bern
Nearest Waterway Deep Branch River Basin Neuse
USGS HUC 03020202 Middle Neuse Coordinates N 35.133513 W -77.167459
Location description An approximate 90 acre tract located immediately southeast of the intersection between Clarks
Road and U. S. Highway 70 within the Craven County Industrial Park near Deep Branch and west of the Citv of New
Bern in Craven Countv, North Carolina.
Indicate Which of the Following Apply:
_ Based on preliminary information, there maybe wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered fmal, a
jurisdictional determination must be verified by the Corps. 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 property 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.
X There are wetlands on the above described property 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 5/23/2005. 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 no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
X 'The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Page 1 of 2

Action Id. 200511024
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps zegulatory program, please contact Scott Jones at 252.975.1616 extension 27.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is adiacent to an unnamed tributary flowin¢ to Bachelor Creek, a tributary of the Neuse River
Remarks: Plat is entitled "Wetland Delineation Survey at Craven County Industrial Park) and was arepared by Robert
Corps Regulatory Official:
Date 05/23/2005
Copy Furnished:
Expiration Date 05/23/2010
Page 2 of 2

JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 2005 1 1 024
PROJECT LOCATION INFORMATION:
State: NC
County: Craven
Center coordinates of site (latitude/longitude): 35.133513 / -77.167459
Approximate size of area (parcel) reviewed, including uplands: 90 acres.
Name of nearest waterway: Unnamed Tributary
Name of watershed: Neuse
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ~ Date:
Site visit(s) ® Date(s): 03/01/2005
Jurisdictional Determination (JD):
~~~~~~~~
[Q Preliminary JD -Based on available information, ^ there appear to be (or) ^ there appear to be no "waters of the United States"
and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part
331).
® Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed
area. Approximate size ofjurisdictional area:
® There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 2.2 acres.
^ There are "iso/ated, non-navigable, infra-state waters or wetlands" within the reviewed area.
^ Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
^ The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transaort interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
^ (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
^ (2) The presence of interstate waters including interstate wetlands.
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could
affect interstate commerce including any such waters (check all that apply):
^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^ (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otherwise defined as waters of the US.
Q (5) The presence of a tributary to a water identified in (1) - (4) above.
^ (6) The presence of territorial seas.
(7) The presence of wetlands adjacent to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). Ijthe jurisdictional tivater or
wetland is not itselja navigable water ojthe United States, describe co~tnection(s) to the downstream navigable waters. IJB(l) or B(3)
is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i. e., discuss site conditions, including
why the waterbody is navigable and/or how the destruction ojthe waterbody could affect interstate or foreign commerce). If B(2, 4, S or
6) is used as the Basis of Jurisdiction, document the ratio~tale used to make the determination. IjB(7) is used as the Basis of
Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987
Corps Wetland Delineation Manual and is adjacent to an unnamed tributary flowing to Bachelor Creek, a tributary of the Neuse River.

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ord inary High Water Mark indicated by: ~ High Tide Line indicated by:
^ clear, natural line impressed on the bank ^ oil or scum line along shore objects
^ the presence of litter and debris ^ fine shell or debris deposits (foreshore)
^ changes in the character of soil ^ physical markings/characteristics
^ destruction of terrestrial vegetation ^ tidal gages
^ shelving ^ other:
^ other:
Mean High Water Mark indicated by:
^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Robert M.
Chiles, P.E.
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
® Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
~( The Corps has made acase-specific determination that the following waters present on the site are not Waters of the United States:
^ Waste treatment systems, including tteahnent ponds or lagoons, pursuant to 33 CFR part 328.3.
^ Artificially irrigated areas, which would revert to upland if the irrigation ceased.
^ Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
^ Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
^ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose
of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters of the United States found at 33 CFR 328.3(a)..
^ Isolated, intrastate wetland with no nexus to interstate commerce.
^ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
^ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
^ Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERlv1INATION (mark all that apply):
® Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
® This office concurs with the delineation report, dated 04/23/2005, prepared by (company): Robert M. Chiles, P. E.
^ This office does not concur with the delineation report, dated ,prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
^ U.S. Geological Survey Hydrologic Atlas:
® U.S. Geological Survey 7.5 Minute Topographic maps: Jasper
U.S. Geological Survey 7.5 Minute Historic quadrang]es:
^ U.S. Geological Survey I S Minute Historic quadrangles:
® USDA Natural Resources Conservation Service Soil Survey: Craven #8
Q National wetlands inventory maps:
State/Local wetland inventory maps:
^ FEMA/FIRM maps (Map Name & Date):
100-year Floodplain Elevation is: (NGVD)
~ Aerial Photographs (Name & Date): CESAW
Other photographs (Date):
Advanced Identification Wetland maps:
® Site visit/determination conducted on: 03/01/2005
Applicable/supporting case law:
Q Other information (please specify):
Wetlands are identified and dclineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
'The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural
river berms, beach dunes, and the like are also adjacent.

>~•
~OaS~a7~
Applicant: Craven County Economic File Number: 200511024 Date: 05/23/2005
Develo ment Commission
Att ached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission)
PROFFERED PERMIT (Standard Permit or Letter of ermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
,; ~ Y 1WA,iyrWr~j,, iMh `^H~# •q„ f .a ~.i M -• Cv-..,ykk` i-ye
1, e~)~a e t~fies~ya n f ando Lions regardin
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A: INITIAL PROFFERED PERMIT: You may accept or 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 II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the 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 II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the 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.

~ s /~ ~/
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 TD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division 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 maybe appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
~;

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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.
POII~©~(~~~~E:OR} _~ES~IONSa'OR"IlVFORIVIA=fION~~~ ~':" .. . '~ . ~ ~ ~.."`` ` "'~ . , .
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:
Scott Jones, Pro)ect Manager Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAW-RG-W 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
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
investi ations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

i
~ ~ 1
i\'
Action ID. 200511129
U.S. ARMY CORPS OF ENGINEERS ~ Q~~ ~ ~/
WII,MINGTON DISTRICT
County: Craven USGS Quad: Jasper
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: H & M Company c/o Mr. Chris Carroll
Address: 50 Security Drive
Jackson, Tennessee 38305
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): An approximate 90 acre tract located
immediately southeast of the intersection between Clarks Road and U. S. Highway 70 within the Craven County
Industrial Park near Deep Branch and west of the City of New Bern in Craven County, North Carolina
Description of projects area and activity: Proiect includes the construction of a 538,000 square feet industrial
building and associated infrastructure including stormwater ponds, parking lot trailer storage roadways, and
moil stockpile area. Total impacts to Department of the Army jurisdictional wetlands = 0 45 acres
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: NW39
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 occumng 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 in Morehead City, NC, at [phone].
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 Scott Jones [phone] extension 27.
Corps Regulatory Official Date: 07/11/2005
.v
Expiration Date of Verification: 03/18 007
~i~..
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 05/23/2005. Action ID 200511024
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and is adjacent to an unnamed trihntarv n~w;na r~ R~~hnlnr r,-eov ., *..:~...+.,,.., ,.s...,. ,v,......, n:......
Corps Regulatory Official:
Date 07/11/2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIItED OR AVAILABLE.
Copy Furnished:
Page 2 of 2

July 11, 2005
Regulatory Division
Action ID No. 200511129
H&M Company
C/o Mr. Chris Carroll
50 Security Drive
Jackson, Tennessee 38305
Permit Special Conditions
Nationwide Permit 39 authorizes your work 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. In order to compensate for impacts to 0.45 acres of wetlands 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
0.90 acres ofnon-riparian wetlands in the Neuse River Basin, Cataloging Unit
03020202.
Construction within jurisdictional areas on the property may commence only after
the Permittee has made full payment to the NC EEP and provided a copy of the
payment documentation to the U.S. Army Corps of Engineers, and the NC EEP
has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work 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.
* *Note: Habitat type may be described as found in Schafale and Weakley, Classification
of the Natural Communities of North Carolina, Third Approximation, 1990; or in
accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater
Habitats of the of the United States
If you have not already done so, you should contact Ms. 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 maybe addressed
to Mr. Scott Jones, Washington. Regulatory Field Office, telephone [phone],
extension 27.

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Action ID Number:200511129 County:Craven
Permittee: H & M Company ~ ~ Jam' ~~
Date Permit Issued: 07/11/2005
Project Manager: S. Jones
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
WASHINGTONREGULATORY 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

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 2, 2005
Mr. Chris Carroll
H&M Company
50 Security Drive
Jackson, TN 38305
Subject Property:
B/S/H Logistics Center for H&M Company
DWQ Project # 05-1071
Craven County
Approval of 401 Water Quality Certification with Additional Conditions, M09I~ED
Dear Mr. Carroll:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.45 acres of wetlands for the purpose of constructing an
industrial building and associated infrastructure at the subject property, as described within your
application dated June 13, 2005 and received by the N.C. Division of Water Quality (DWQ) on
June 15, 2005 along with additional information dated June 30, 2005 (received on July 6, 2005).
After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and DWQ's Coastal Stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This
Certification replaces one issued to you on August 8, 2005.
This approval is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this project
(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you
to follow the conditions listed in the attached certification and any additional conditions listed
below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved includina incidental impacts:
Amount A roved Units Plan Location or Reference
404/CAMA Wetlands 0.45 acres Pavin and Gradin Plan
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
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Chris Carroll : '.,
Page 2 of 3
~Q ~ ~~7/ September 2, 2005
Dated 5/23/2005
Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Confrol Manual. The devices shat! be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow
pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Gonstruction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade
restored within six months of the date that the Division of Land Resources has released
the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Maif Service Center,
Raleigh, NC, 27699-1650.
6. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (including a signed and notarized
Operation and Maintenance Agreement) dated May 31, 2005, must be implemented and

Chris Carroll
Page 3 of 3
September 2, 2005
the stormwater management facilities shall be constructed and operational before any
permanent building is occupied at the subject site. This plan is the one approved by the
Division on June 15, 2005 (stormwater Permit No. SW7050524). The structural
stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by
this Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
.wetland or stream impacts), you may ask for an adjudicatory hearing. You must -act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Tom Steffens in the DWQ Washington Regional
Office at 252-946-6481.
AW K/jrd
Sincerely,
limek, P.E.
Enclosures: GC 3402
Certificate of Completion
cc: Michael Rice, Robert Chiles and Associates, 417-A Broad St, P.O. Box 3496, New Bern,
NC 28564-3496
Scott Jones, USACE Washington Regulatory Field Office
AI Hodge, DWQ Washington Regional Office
Scott Vinson, DWQ Washington Regional Office
Tom Steffens, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 051071 BSHHomeAppliance(Ciayen~301

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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
February 23, 2006
Michael Rice
Robert Chiles PE
PO Box 3496
New Bern NC 28564-3496
William G. Ross Jr., Secretary
Re: Endangered or Threatened Species of Plants, Fish, or Wildlife, Critical Habitat, Land Designated as a
State Park, Recreation or Scenic Area or State Nature and Historic Preserve - H&M Company Site
Dear Mr. Rice:
The Natural Heritage Program has no records of rare species, Significant Natural Heritage Areas (SNHA), or
nature preserves within 2 kilometers of the project area shown on the map included with your letter of 17
February 2006.
The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the
project area contains suitable habitat for rare species, significant natural communities, or priority natural areas.
If you do find rare species during field surveys, we encourage you to report them to the Natural Heritage
Program using the enclosed Rare Plant and Animal Field Survey Forms.
You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of rare
plants and animals and significant natural communities in the county and on the topographic quad map.
Alternatively, the NC Center for Geographic Information and Analysis (CGIA) provides digital Natural
Heritage data online on a cost recovery basis. Subscribers can get site specific information on GIS layers with
Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The CGIA website
provides Element Occurrence (EO) ID numbers (instead of species name), and the data user is then encouraged
to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and
efficiently get site specific NHP data without visiting the NHP workroom or waiting for the Information
Request to be answered by NHP staff. For more information about data formats, pricing structure and ordering
procedures, visit http://www.cgia.state.nc.us/cgdb/datalist.html, or call CGIA Production Services at (919) 733-
2090.
Please do not hesitate to contact me at 919-715-8700 if you have questions or need further information.
Sincerely,
~Nlisty Franklin, Botanist
NC Natural Heritage Program
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One
NorthCarolina
Phone: [phone] FAX: [phone] Internet www.ncnhp.org ~atura!!t~
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~~~ NORTH CAROLINA NATURAL HERITAGE PROGRAM
~~'~r SPECIAL ANIMAL SURVEY FORM
NCDENR x
Scientific Name : ~~~~/ v ~/
Common Name:
Observer(s):
Date(s) of Observation:
County: 7.5' Quad Map:
Exact Location (be specific! -attach copy of map with site marked):
Number of Animals (include age and sex, if known):
Type of Observation (sight record, vocal record, specimen, photograph, etc.):
Behavior of Animals (singing, foraging, at nest, etc.):
Habitat (use NC NHP natural community name if known; describe dominant vegetation,
maturity of vegetation, slope, aspect, etc.):
Owner(s) of Land, if known:
Other Comments (significance of record, disturbance to habitat, etc.):
Person making this report:
Address:
Date:
Phone:
Return form to: N.C. Natural Heritage Program; Office of Conservation and Community Affairs
MSC 1601; Raleigh, NC 27699-1601

©,-~~ A North Carolina Natural Heritage Program -Endangered And Rare Plant Field Survey Form
NCDENR Return form to: N.C. Natural Heritage Program, 1601 MSC, Raleigh, NC 27699-1601. Visit www.ncnhp.org.
Species
Common name:
Survey date:
EO Number (if updating existing EO): County: 7.5' Quad Map:
Coordinates (if known): Elevation:
If coordinates given, indicate coordinate system and datum (State Plane 1927 or 1983, UTM, etc):
Site Name (if this is within previously identified site):
Site location and directions: (attach copy of map with site marked or use back of form to draw a sketch of the site):
Number of individuals: Define individual (stem, clump, etc.):
Size of area in which population occurs:
Estimate whether the entire population was surveyed, or only a portion:
Estimated Population Viability (circle one): Excellent Good Fair Poor Unlrnown
Population Viability Comments:
Phenology (include % or # in each stage): vegetative bud flower
Evidence of reproduction: fruit seedlings clonal/vegetative
Reproduction Comments:
Habitat (NC NHP natural community name and description, if known; include quality, soils, geology, etc.):
Associated species:
Invasive species noted & degree of threat from invasive species:
Area of apparently suitable habitat (suitable for, but not necessarily occupied by the species):
Failed to find
If the population is within aRight-of--Way, does suitable habitat exist outside Right-of--Way?

~. - +}o~ system
PROGRAM
February 28, 2006
Michael L. Rice
Robert M. Chiles, P.E.
P O Box 3496
New Bern, NC 28564
Project: H&M Company Logistics Center County: Craven
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of [his letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Ri azian Non-Ri azian Coastal Marsh Cold Cool Warm
Neuse 0 1.02 0 0 0 0 0 0
03020202
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts.
The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality
Certification, and/or CAMA Permit. 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 David Robinson at [phone].
Sincerely,,, . `~~~
Willi~a D. Gilmore, PE
Director
cc: Cyndi Kazoly, Wetlands/401 Unit
Scott Jones, USACE-Washington
Kyle Barnes, DWQ Regional Office-Washington
Doug Huggett, DCM-Morehead City
File
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R.esto~' ... ~ ... Protect' Ou,Y Stag t~uE~
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net