20050553 Ver 1_Complete File_20050330

O?O? W AT ?9QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 26, 2005
James B. Willette
P.O. Box 15067
Durham, NC 27704
Subject Property:
Cedar Valley Subdivision
Approval of 401 Water Quality Certification
Dear Mr. Willette:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0553
Craven County
You have our approval to place fill within or otherwise impact 0.216 acres of wetlands for the purpose of
site preparation for residential construction at the subject property, as described within your application
dated January 12, 2005 and received by the N.C. Division of Water Quality (DWQ) on March 30, 2005.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3402 (GC3404 and 3402). The Certification(s) allows you to use Nationwide
Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). 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, and Non-discharge 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 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you 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 including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404 Wetlands 0.216 (acres)
401 Oversight/Express 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: http://h2o.enr.state.nc.us/ncwetiands
Nor` hCarolma
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Cedar Valley Subdivision
Page 2 of 3
May 26, 2005
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion 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 Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
r
Cedar Valley Subdivision
Page 3 of 3
May 26, 2005
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 in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
. ??t. QA
?v-?-?, P? ?•
Alan W. Klimek, P.E.
AWKIcbk/ijm
Enclosures: GC 3402
Certificate of Completion
cc: James B. Taylor, Southern Environmental Group, Inc., 3973 B Market Street, Wilmington, NC
28403
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 05-0553 Cedar Valley Subdivision (Craven) 401

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F W ATFR Michael F. Easley, Governor
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p .? Alan W. Klimek, P.E. Director
Division of Water Quality
May 25, 2005
DWQ Project # 05-0553
Craven County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. James B. Willette
P.O. Box 15067
Durham, NC 27704
Subject Property: Cedar Valley Subdivision
Craven County
REQUEST FOR MORE INFORMATION
Dear Mr. Willette:
On March 30, 2005, the Division of Water Quality (DWQ) received your application to impact 0.216
acres of wetlands to facilitate development of the Cedar Valley Subdivision. The DWQ has determined
that your application was incomplete and/or provided inaccurate information as discussed below. The
DWQ will require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may make a final decision regarding your project.
Additional Information Requested:
1. A detailed description of the overall proiect_and sealed site development plans
Your application package does not include a detailed description of the overall project and sealed
copies of your proposed site development. We require five (5) copies of these plans. These plans
should also include stormwater retention/detention plans and an impervious surface inventory.
2. A determination from CAMA regarding the site
Since Craven County is one of North Carolina's twenty coastal counties, the North Carolina Division of
Coastal Management will need to make a determination as to whether your site is an Area of
Environmental Concern (AEC).
3. A date and signature must be included on the application
There are spaces for Applicant/Agent Signature and Date located at the end of the application.
4. The Property Identification Number (Tax PIN) must be included on the application
There are spaces for Property Identification Number under Section III of the application.
401 Oversight/Express 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]/ Intemet: htto://h 2o.enr.state.nc.us/ncwetIands
NorthCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Cedar Valley Subdivision
Page 2 of 2
May 25, 2005:
5. Have you requested a jurisdictional determination from the US Army Corps of Engineers regarding
on-site streams and wetlands?.
You mention an expired jurisdictional determination, but there is no mention of a request for a current
jurisdictional determination from the US Army Corps of Engineers regarding on-site streams and
wetlands.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands.
Please be aware that any impacts requested within your application are not authorized (at this time) by the
DWQ. Please call Ms. Cyndi Karoly at 919-733-1786 or Mr. Ian McMillan at 919-7154631 if you have
any questions regarding this matter or would like to set up a meeting to discuss it.
Sincerely,
QA
yndi, B. Karo y, Supervisor
401 Oversight and Express Permitting Unit
CBKIijm
cc: DWQ Washington Regional Office
Tom Farrell USACE Wilmington Regulatory Field Office
File Copy
Central Files
James Taylor Southern Environmental Group, Inc.
Filename: 050553CedarValleySubdivision(Craven)On hold
jouthern Environmental Ciroup, Inc.
3973 f) MarLet jtreet • Wilmington, North Carolina 28403
9 10.254.0602 • ax: 9 10.254.0603 - [e-mail]
110- www.segi.us
January 12, 2005
Regular Mail
Tom Steffens
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Re: Cedar Valley Subdivision NWP 39 Application
Dear Mr. Steffens:
0
MAR 2 3 2005
DWQ-VVARO
This letter contains a NWP 39 Application for Cedar Valley, a proposed development site
located between Hwy. 55 and Hwy. 43 in New Bern, Craven County, North Carolina. Enclosed
you will find a copy of the NWP 39 Application, a copy of a section of the local topographic
map, a copy of the local soils map, a copy of an aerial photograph of the site, and assorted
paperwork for the filing.
We request the Division of Water Quality review the attached document.
Please contact our office if you have any comments and/or questions regarding this project.
Sincerely,
71(l
Jp?es,rTaylor
Mq
8302005
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MAR 3 0 2005
Office Use Only: DENR - wA1 ER QUALITY Form Version
May 2002 M RANDS AND STOFAA',ATER BRANCH
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
Check all of the approval(s) requested for this project:
? Section 404 Permit ?Riparian or Watershed Buffer Rules
? Section 10 Permit ?Isolated Wetland Permit from DWQ
Z 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 Wetlands Restoration Program (NCWRP) is
proposed for mitigation of impacts (verify availability with NCWRP prior to
submittal of PCN), complete section VIII and check here: 0
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
Owner/Applicant Information
Name: James B. Willette
Mailing Address: P.O. Box 15067
Durham, North Carolina 27704
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
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: James Taylor
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 3973 B Market St.
Wilminnton. NC 28403
Telephone Number: 910-254-0602 Fax Number: 910-254-0603
E-mail Address: jtaylor(iz-),segims
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing
property boundaries and development plans in relation to surrounding properties. Both
the vicinity map and site plan must include a scale and north arrow. The specific
footprints of all buildings, impervious surfaces, or other facilities must be included. If
possible, the maps and plans should include the appropriate USGS Topographic Quad
Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or
other maps may be included at the applicant's discretion, so long as the property is clearly
defined. For administrative and distribution purposes, the USACE requires information
to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may
accept paperwork of any size. DWQ prefers full-size construction drawings rather than a
sequential sheet version of the full-size plans. If full-size plans are reduced to a small
scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
1. Name of project: Cedar Valley Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number):Cedar Valley
Directions to site (include road numbers, landmarks, etc.):
Located between Highway 55 and 43 (See Vicini Sketch).
5. Site coordinates, if available (UTM or Lat/Long): Approx. N350 9.240' W770 7.271'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately
lists the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 32.281
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to
Caswell Branch
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins.
The River Basin map is available at httR:Hh2o.enr.state.nc.us/adniin/naps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application:
The area is undeveloped containing vegetated and cleared portions
10. Describe the overall project in detail, including the type of equipment to be used: A
subdivision of approximately 30 acres is to be created with 89 home sites with
associated landscaping and roadways, using heavy machinery.
Heavy machinery including bulldozers and backhoes will be used to grade and
install improvements (roads and lots) to create an residential subdivision, as
shown on the attached plans, on the subject parcel
11. Explain the purpose of the proposed work: To create a sudivision with associated
road ways, landscaping, and utilities as shown on the attached plan
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.
An expired, as of 20 July 2003, jurisdictional determination was obtained but was
allowed to expire prior to develompent starting on the subject parcel
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current
application.
No future work or permits are anticipated other than that proposed in the current
application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to wetlands, open water, and stream channels associated with the project. The applicant
must also provide justification for these impacts in Section VII below. All proposed
impacts, permanent and temporary, must be listed herein, and must be clearly identifiable
on an accompanying site plan. All wetlands and waters, and all streams (intermittent and
perennial) must be shown on a delineation map, whether or not impacts are proposed to
these systems. Wetland and stream evaluation and delineation forms should be included
as appropriate. Photographs may be included at the applicant's discretion. If this
proposed impact is strictly for wetland or stream mitigation, list and describe the impact
in Section VIII below. If additional space is needed for listing or description, please
attach a separate sheet.
Provide a written description of the proposed impacts:
Placement of fill material to allow construction of a subdivision while meting all
local zoning and planning rules.
2. Individually list wetland impacts below:
Wetland
Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100 -year Nearest Type of
(indicate on (acres) Floodplain** Stream (linear Wetland***
ma (yes/no) feet)
1 Road Crossing 0.069± no > 1000 Wet flat
2 Road Crossing and 0.148± no > 1000 Wet flat
*
L1St each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleating,
grading, fill, excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and
flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate
Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-
800-358-9616, or online at httlWA ww.fenra.oov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwatcr/saltwater marsh, forested wetland, beaver
pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.25± acres.
Total area of wetland impact proposed: 0.216± acres (9,420± square feet).
Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on
map)
Type of
Impact* Length of
Impact
(linear
feet)

Stream Name** Average
Width of
Stream
Before
Impact
Perennial or
Intermittent?
(please specify)

" T :..a .. ..t
...5L ?.. uupact separately and identify temporary impacts. impacts include, but are not limited to: culverts and associated
rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and
net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc.
If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams
must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the
nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or
online at %v%v%v.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g.,
mvw.tonozone com «Ntiw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Zero.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below: N/A.
Open Water
Area
Impact

Site Number

Type of Impact*
of
Name of Waterbod
y Type of Waterbody

pond
estuary
(lake

(indicate on Impact

(acres) (if applicable) ,
,
,
sound, bay, ocean, etc.)
ma

I- I
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should
be included above in the wetland and stream impact sections. Also, the proposed
pond should be described here and illustrated on any maps included with this
application.
Pond to be created in (check all that apply): O uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation
of draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout
pond, local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
The proposed fill is necessary to allow construction of the proposed subdivision with
associated roads, open space, set back limits, and other requirements of the local
planning and zoning rules The subdivision was designed to minimize impacts,
where possible, to jurisdictional waters
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H.0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of
impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts
to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will
be required when necessary to ensure that adverse effects to the aquatic environment are
minimal. Factors including size and type of proposed impact and function and relative
value of the impacted aquatic resource will be considered in determining acceptability of
appropriate and practicable mitigation as proposed. Examples of mitigation that 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 NCWRP concurrence shall be placed on
hold as incomplete. An applicant may also choose to review the current guidelines for
stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina,
available at http://h2o.enr.state.ne.us/ncwet]ands/strm!zide.html.
1. Provide a brief description of the proposed mitigation plan. The description should
provide as much information as possible, including, but not limited to: site location
(attach directions and/or map, if offsite), affected stream and river basin, type and
amount (acreage/linear feet) of mitigation proposed (restoration, enhancement,
creation, or preservation), a plan view, preservation mechanism (e.g., deed
restrictions, conservation easement, etc.), and a description of the current site
conditions and proposed method of construction. Please attach a separate sheet if
more space is needed.
Mitigation has been secured through the North Carolina Ecosystem
Enhancement Program See attached correspondence
2. Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP). Please note it is the applicant's responsibility to
contact the NCWRP at [phone] to determine availability and to request
written approval of mitigation prior to submittal of a PCN. For additional
information regarding the application process for the NCWRP, check the NCWRP
website at littp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): N/A.
Amount of buffer mitigation requested (square feet): N/A.
Amount of Riparian wetland mitigation requested (acres): N/A.
Amount of Non-riparian wetland mitigation requested (acres): 0.216 acres, up to
0.50 acres.
Amount of Coastal wetland mitigation requested (acres): N/A.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No Z
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 ?
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to required state and local buffers associated with the project. The applicant must also
provide justification for these impacts in Section VII above. All proposed impacts must
be listed herein, and must be clearly identifiable on the accompanying site plan. All
buffers must be shown on a map, whether or not impacts are proposed to the buffers.
Correspondence from the DWQ Regional Office may be included as appropriate.
Photographs may also be included at the applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules
and Water Supply Buffer Requirements), or other (please identify
Yes ? No N If you answered "yes", provide the following
information: N/A
Identify the square feet and acreage of impact to each zone of the riparian buffers. If
buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers. N/A
Zone* s uImpct are feet Multiplier Required
1 3
2 1.5
Total
cone i extends out jU feet perpendicular fiom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund).
Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .
0260. N/A
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The impervious surface acreage will be within state and local thresholds for
impervious surface per acre of land The Applicant has indicated a separate
stormwater permit has been submitted and will be approved by the State of North
Carolina prior to construction beginning on-site. Due to the size of the proposed
development, a sedimentation and erosion control permit will likely be required
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or
discharge) of wastewater generated from the proposed project, or available capacity of the
subject facility.
Public sewer service is available for the proposed subdivision
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer
Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No Z
X11. 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).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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PROGRAM
January 10, 2005
James Taylor
Southern Environmental Group, Inc.
3973 B. Market Street
Wflnringtoh, NC 28403
Project: Cedar Valley
County: Craven
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-775-0476 / www.nceep.net
James Taylor
Southern Environmental Group, Inc,
January 10, 2005
Page 2.
The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the N. C. Department
of Transportation signed July 22, 2003.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Scott Jones, USACOE-Washington
Kyle Barnes, DWQ Regional Office-Washington
File

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North Carolina Ecosystem Enhancement Program, 1652 Mail 5arvice Cantor, Raleigh, NC 27699-1652 / 919.715-0476 / vnvw.nceeP.net
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W ATF9Q Michael F. Easley, Governor
?? ^ (r William G. Ross Jr., Secretary
1-? North Carolina Department of Environment and Natural Resources
O .? Alan W. Klimck, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Permit, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #:
Company: 919-733-6893
Fax To:
I? OtJ b

Fax #:
Date:
Number of pages including cover sheet:
Notes or special instructions:
401 Oversight/Express Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Inds
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwctlinds
No ` Carolina
Natrtrall11
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
SENDING CONFIRMATION
DATE MAY-25-2005 WED 15:10
NAME DWQ-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 3/3
START TIME : MAY-25 15:09
ELAPSED TIME : 00'55"
MODE : ECM
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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Division of water Quality
Department of Environmental and Natural Resources
401 Oversight/F.xpress Permit, Prograrn Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Saite 250
Raleigh, NC 27601 2260
Mailing Address: 1650 %Uil Scl vice Ccntct
lWaiFh., NC 27699.16.)0
Contact lnfomiation: Vhonc 4. 719-733-1756
Fax it: 919-7331`8893x1, 7 ?/ r` Z
Fax •eo: y 1\ •±?4?__ 1P?J1?5 - - rux tt: llV CS 7"lJlL1UJ
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Number of pages Including cuver sheet:
tinter or %Iwcial instructions:
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5outkcrn Environmental C3roup, Inc.
3973 E) MarLet Street • Wilmington, North Carolina 28403
910.254.0602 rax: 910.254.0603 [e-mail]
www.segi.us
January 12, 2005
Regular Mail
Tom Steffens
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Re: Cedar Valley Subdivision NWP 39 Application
Dear Mr. Steffens:
py?s? ? ;?f aw" D
e ?aca?!'?'.rro'J''i?
MAR 2 3 2005
DWQ-WAR
This letter contains a NWP 39 Application for Cedar Valley,.a proposed development site
located between Hwy. 55 and Hwy. 43 in New Bern, Craven County, North Carolina. Enclosed
you will find a copy of the NWP 39 Application, a copy of a section of the local topographic
map, a copy of the local soils map, a copy of an aerial photograph of the site, and assorted
paperwork for the filing.
We request the Division of Water Quality review the attached document.
Please contact our office if you have any comments and/or questions regarding this project.
Sincerely,
J es ?aylor
MA lJ
R 3 0 2007
117 S`p S?TOt?Q rALITY
Office Use Only:
May 2002
o @?
C nMAR 3 0 2005
yt,,V?VVv 9WE II:NFt-WArERQU.3LITY
UddOS A,,D STORMATER BRANCH
Form Version
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ?Riparian or Watershed Buffer Rules
? Section 10 Permit ?Isolated Wetland Permit from DWQ
0 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 Wetlands Restoration Program (NCWRP) is
proposed for mitigation of impacts (verify, availability with NCWRP prior to
submittal of PCN), complete section VIII and check here: 0
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:
H. Applicant Information
1. Owner/Applicant Information
Name: James B. Willette
Mailing Address: P.O. Box 15067
Durham, North Carolina 27704
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
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: James Taylor
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 3973 B Market St.
Wilmington, NC 28403
Telephone Number: 910-254-0602 Fax Number: 910-254-0603
E-mail Address: jtaylor(asegi.us
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing
property boundaries and development plans in relation to surrounding properties. Both
the vicinity map and site plan must include a scale and north arrow. , The specific
footprints of all buildings, impervious surfaces, or other facilities must be included. If
possible, the maps and plans should include the appropriate USGS Topographic Quad
Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or
other maps may be included at the applicant's discretion, so long as the property is clearly
defined. For administrative and distribution purposes, the USACE requires information
to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may
accept paperwork of any size. DWQ prefers full-size construction drawings rather than a
sequential sheet version of the full-size plans. If full-size plans are reduced to a small
scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
1. Name of project: Cedar Valley Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number):Cedar Valley
Directions to site (include road numbers, landmarks, etc.):
Located between Highway 55 and 43 (See Vicini Sketch
5. Site coordinates, if available (UTM orLat/Long): Approx. N350 9.240' W770 7.271'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately
lists the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 32.281
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to
Caswell Branch
?8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins.
The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the
project at the time of this application:
The area is undeveloped containing vegetated and cleared portions
10. Describe the overall project in detail, including the type of equipment to be used: A
subdivision of approximately 30 acres is to be created with 89 home sites with
associated landscaping and roadways, using heavy machinery.
Heave machinery including bulldozers and backhoes will be used to grade and
install improvements (roads and lots) to create an residential subdivision, as
shown on the attached plans, on the subject parcel
11. Explain the purpose of the proposed work: To create a sudivision with associated
road ways, landscaping, and utilities as shown on the attached plan
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.
An expired, as of 20 July 2003, jurisdictional determination was obtained but was
allowed to expire prior to develompent starting on the subject parcel
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current
application.
No future work or permits are anticipated other than that proposed in the current
application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to wetlands, open water, and stream channels associated with the project. The applicant
must also provide justification for these impacts in Section VII below. All proposed
impacts, permanent and temporary, must be listed herein, and must be clearly identifiable
on an accompanying site plan. All wetlands and waters, and all streams (intermittent and
perennial) must be shown on a delineation map, whether or not impacts are proposed to
these systems. Wetland and stream evaluation and delineation forms should be included
as appropriate. Photographs may be included at the applicant's discretion. If this
proposed impact is strictly for wetland or stream mitigation, list and describe the impact
in Section VIII below. If additional space is needed for listing or description, please
attach a separate sheet.
Provide a written description of the proposed impacts:
Placement of fill material to allow construction of a subdivision while meting all
local zoning and planning rules
2. Individually list wetland impacts below:
Wetland
Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100 -year Nearest Type of
(indicate on (acres) Floodplain** Stream (linear Wetland***,
ma (yes/no) feet)
1 Road Crossing 0.069± no > 1000 Wet flat
2 Road Crossing and 0.148± no > 1000 Wet flat
" T :..t ,..,_t
.100 C;UL'« uupact separarely ana taeawy temporary impacts. impacts include, but are not limited to: mechanized clearing,
grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and
flooding.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate
Maps (I'MI), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-
800-358-9616, or online at http://www.fenia.Qgov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver
pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.25± acres.
Total area of wetland impact proposed: 0.2161 acres (9,420± square feet),
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact Length of
Site Number Type of Impact
(indicate on Impact* (linear
map) feet)

Stream Name** Average
Width of
Stream
Before
Impact
Perennial or
Intermittent?
(please specify)

" List each impact separately and identify temporary impac ts. Impacts include- but ntp n et lima-1 fn- -1-n+ a and as-iat-l
rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and
net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc.
If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams
must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the
nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or
online at wv,-v.usgs.oov. Several internet sites also allow direct download and printing of USGS maps (e.g.,
mvw.topozone con wwwmapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Zero.
4
Individually List all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below: N/A.
Open Water
Area
Impact
Site Number
Type of Impact*
of Name of Waterbody Type of Waterbody
pond
(lake
estuary

(indicate on Impact

(acres) (if applicable) ,
,
,
sound, bay, ocean, etc.)
ma

¦
1,16L eacn Impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should
be included above in the wetland and stream impact sections. Also, the proposed
pond should be described here and illustrated on any maps included with this
application.
Pond to be created in (check all that apply): 0 uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation
of draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout
pond, local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
The proposed fill is necessary to allow construction of the proposed subdivision with
associated roads, open space, set back limits, and other requirements of the local
planning_and zoning rules The subdivision was designed to minimize impacts,
where possible, to jurisdictional waters
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H.0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of
impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts
to perennial streams.
USACE - In accordance `with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will
be required when necessary to ensure that adverse effects to the aquatic environment are
minimal. Factors including size and type of proposed impact and function and relative
value of the impacted aquatic resource will be considered in determining acceptability of
appropriate and practicable mitigation as proposed. Examples of mitigation' that 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 NCWRP concurrence shall be placed on
hold as incomplete. An applicant may also choose to review the current guidelines for
stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina,
available at http://h2o.enr.state.nc.us/ncwetlands/strm?ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should
provide as much information as possible, including, but not limited to: site location
(attach directions and/or map, if offsite), affected stream and river basin, type and
amount (acreage/linear feet) of mitigation proposed (restoration, enhancement,
creation, or preservation), a plan view, preservation mechanism (e.g., deed
restrictions, conservation easement, etc.), and a description of the current site
conditions and proposed method of construction. Please attach a separate sheet if
more space is needed.
Mitigation has been secured through the North Carolina Ecosystem
Enhancement Program (See attached correspondence).
2. Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP). Please note it is the applicant's responsibility to
contact the NCWRP at [phone] to determine availability and to request
written approval of mitigation prior to submittal of a PCN. For additional
information regarding the application process for the NCWRP, check the NCWRP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): N/A.
Amount of buffer mitigation requested (square feet): N/A.
Amount of Riparian wetland mitigation requested (acres): N/A.
Amount of Non-riparian wetland mitigation requested (acres): 0.216 acres, up to
0.50 acres.
Amount of Coastal wetland mitigation requested (acres): N/A.
Environmental Documentation (required
by DWQ)
Does the project involve an expenditure of public (federaVstate) funds or the use of public
(federal/state) land?
Yes ? No Z
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 ?
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to.,determine, delineate and map all impacts
to required state and local buffers associated with the project. The applicant must also
provide justification for these impacts in Section VII above. All proposed impacts must
be listed herein, and must be clearly identifiable\ on the accompanying site plan. All
buffers must be shown on a map, whether or not impacts are proposed to the buffers.
Correspondence from the DWQ Regional Office may be included as appropriate.
Photographs may also be included at the applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules
and Water Supply Buffer Requirements), or other (please identify
V
Yes ? No 0 If you answered "yes", provide the following
information: N/A
Identify the square feet and acreage of impact to each zone of the riparian buffers. If
buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers. N/A
Zone* s uImpct are feet Multiplier
R
Mitigation
1 3
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund).
v Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.
0260. N/A
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The impervious surface acreage will be within state and local thresholds for
impervious surface per acre of land The Applicant has indicated a separate
stormwater permit has been submitted and will be approved by the State of North
Carolina prior to construction beginning on-site. Due to the size of the proposed
development, a sedimentation and erosion control permit will likely be required
XL 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.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer
Rules?
Yes ? No Z
Is this an after-the-fact permit application?
Yes ? No Z
XII. 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).
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Craven County does not warrant the information shown on this map and should be used only for tax assessment purposes.
Map made on January 4, 2005 at 12:45:56 PM
1 of 1 1/4/2005 12:47 PM
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57
PROGRAM
January 10, 2005
James Taylor
Southern Environmental Group, Inc.
3973 B. Market Street
Wilmingto6, NC 28403
Project: Cedar Valley
County: Craven
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North Carolina Ecosystem Enhancvmont Program, 1652 Mail Service Center, Ralolgh, NC 27699-1652 / 919.715-0476 /www.nceeP.net

James 'T'aylor
Southern Environmental Group, Inc.
January lb, 2005
Page 2.
The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the U. S. Army Corps of Enginecrs and the N. C. Department
of Transportation signed July 22, 2003.
If you have any questions or need additional inforrnation, please contact Carol Shaw at [phone].
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William D. Gilmore, PE
Director
cc, Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Scott Jones, USACOE-Washington
Kyle Barnes, DWQ Regional Office-Washington
File
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Canter, Raleigh, NC 27699-1652 / 919.715-0476 / vrww.ncoeP.net
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