20090624 Ver 1_401 Application_20090609

COASTAL AREA PERMIT ASSISTANCE
120 Jimi-ly Cc?ctrl
Kill Devil Hills. NC 27948
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Coastal Area Permit Assistanc¢
CAMA & Wctiand Arcs Permit Assistance. Environmcntai Assassmcnts.Wctlaand Oclinaxations
Helping Property Owners Manage oevelopraaent With Coastal Conservation In Mind •'
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
11 D
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Beechwood Developers, Inc
2b. County: Chowan
2c. Nearest municipality / town: Edenton
2d. Subdivision name: Beechwood Subdivision
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information p !'

3a.
Name(s) on Recorded Deed:
Beechwood Developers, Inc -.a Li Lf ILO
3b. Deed Book and Page No. 385 / 393 JUN 9, 2009
3c. Responsible Party (for LLC if
applicable): Sumit Gupta DENR
WETlA?? -WATER QUALITY
3d. Street address: 4917 S. Croatan Hwy, Suite 1 E
3e. City, state, zip: Nags Head, NC 27959
3f. Telephone no.: 252-441-9003 office
3g. Fax no.:
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Owner is Beechwood Developers, Inc.
4b. Name:
4c. Business name
(if applicable):
4d. Street adore
4e. City, statd,.a ...-.;
4f. Teleptwneniu. --°- -
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Dennis W. Hawthorn
5b. Business name
(if applicable): Coastal Area Permit Assistance
5c. Street address: 120 Jimmy Ct
5d. City, state, zip: Kill Devil Hills, NC 27948
5e. Telephone no.: 252.599.1040
5f. Fax no.:
5g. Email address: dennis@coastalpermitassistance
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Pin # 780500751281
Latitude: 36.072713 Longitude: -
1 b. Site coordinates (in decimal degrees): 76.610409
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Pembroke Creek Chowan River
proposed project:
2b. Water Quality Classification of nearest receiving water: B, NSW
2c. River basin: Chowan River Basin / Albemarle Sound Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Tract was previously vacant agricultural parcel adjacent to both residential SFR neighborhood & commercial area.
3b. List the total estimated acreage of all existing wetlands on the property:
0.048
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
70
3d. Explain the purpose of the proposed project:
Construction of a crossing of an existing ditch to access a SFR neighborhood. Site encompasses a previous crossing that
was not maintained..
3e. Describe the overall project in detail, including the type of equipment to be used:
Project included removal of vegetation along an existing ditch, placement of a culvert structure within the ditch crossing
area only & the immediate up & down stream portion directly adjacent to the culvert ends & then re-stabilizing the banks.
There was no alteration of the ditch alignment or change in drainage capacity. Work was undertaken with a tract hoe &
manual grading. Granite rip rap was placed along the slopes to stabilize the embankments & reduce erosion. A vegetative
buffer will exist on both sides of the ditch.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: Yes. A determination was requested in
September 2006.
4b. If the Corps made the jurisdictional determination, what type
®Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Dennis Hawthorn, Coastal
Name (if known): Josh Pelletier Area Permit Assistance
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
September 7, 2006 Copy of original data sheets attached.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A preliminay USACE field deterrmination was made in September 2006. The final determination was requested & a
report was submitted on September 22, 2006 but due to Rapanos moratorium related issues, the final determination was
never made. Unfortunately, in 2008, work was undertaken without a final detemination or the required NWP to undertake
a subdivision ditch crossing. Please see attached correspondence concerning the situation. In addition, a NC DWQ
Stormwater Permit (SW7060907) & NC DLQ Erosion & Sedimentation Control Plan (CHOWA-2009-004) were issued on
October 17, 2008 & March 17, 2009, respectively.
6. Future Project Plans
6a. Is this a phased project? ® Yes No
6b. If yes, explain.
Work is currently under the first phase of development. It is unknown if the project will actually continue from one phase to
another or continue as one continuous phase. This will depend upon the areas economic growth & needs for affordable
housing.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary

W1 ®P?T Fill & side slope ? Yes ® Corps
0.048
stabilization ® No ® DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.048
2h. Comments: Above impacts include both the ditch side slopes & the 5 ft wide ditch where culverts were placed.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T Culvert ditch ? PER
® INT ® Corps
® DWQ 5 70
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 70
3i. Comments: Impacts were temporary. Culverts were placed within an existing 5 ft wide drainage ditch at the location of a
previous crossing that had not been maintained. The work did not alter the configuration or capacity of drainage.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. ? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary impact required.
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Only the immediate vicinity where the ditch crossing was placed was impacted. The ditch side slopes are very steep. The side
slopes were maintained & stabilized with rock rip rap. A vegetated buffer will be maintained on both sides of the ditch & the
site will be maintained for erosion, sedimentaion & stormwater per permits issued by the NC DLQ & NC DWQ.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Only the immediate area necessary to construct the culvert crossing was impacted. The new structure was placed
immediately adjacent to an old crossing that had not been maintained. The use of ESC Plan requirements were used on
site.Only the immediate ditch bank areas to the up & down stream ends of the culvert placement were additionally stabilized to
prevent sedimentation & erosion.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 0.25 acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Site is located in the Albemarle Sound drainage & not subject to DWQ ? Yes ? No
Riparian Buffer rules at this time.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 52.7 % upon 100% build out %
2b. Does this project require a Stormwater Management Plan? ® Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The approved plan will provide stormwater drainage treatment or capacity, in compliance with 15A NCAC 2H . 1000, for
over 72 acres of land area within or adjacent to the Beechwood Subdivision. The plan will provide for a 1 inch storm
rainfall with a 90% TSS removal effeciency.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Chowan County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
® Other: County approval
3c. Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No
attached?
4. DWQ Stormwater Program Review
® Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ® Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Please see
Section 5 above, 5b
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Town of Edenton Wastewater System
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ? No
impacts?

Raleigh
?
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Endangered Species Act Web Site species Ust & common knowledge of area habitat.Although the American
eel, bald eagle & Rafinesque's big eared bat are currently known to exist in the region/Chowan County, the impact area is
a small ag ditch within a small urban area & habitat for endangered species is unlikely.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
impact area is a drainage ditch with intermittant flow used previously for ag drainage. EFH is highly un-likely.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
State of North Carolina H & A sites & National Historic Trust information web sites for the Edenton Area.Although the
Town has a rich historic past, the noted areas are all located in other portions of the Town & a distance from the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Chowan County FEMA Mapping

Dennis W. Hawthorn
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form -Version 1.3 December 10, 2008 Version