20052096 Ver 1_Complete File_20051117

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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
Coleen H. Sullins, Deputy Director
Division of Water Quality

December 16, 2005

DFA,LLC
c/o Mr. Eric Angell
1224 Copeland Oak Drive
Morrisville, NC 27560

Subject:

Geueral401 Water Quality Certificatiou #3402
DWQ Project #052096, Jarrett Bay Lot 3
Carteret County

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DEe 2 8 2005

WE DENR. WATER QUAUlY
TI..&.NoaAAD STOAMw~Tf.R ~

Dear Mr. Angell:

The Wilmington Regional Office received your Pre Construction Notification application for a
US Army Corps of Engineers (USACE) Nationwide 18 Permit. The wetland impacts proposed on Lot 3
of Jarrett Bay Subdivision in Carteret County are for the purpose of constructing a commercial complex.
You are authorized to impact 0.10 acr~s of Section 404 Wetlands under General Water Quality
Certification (GC) # 3402 (attached). This Certification allows you to use your 404 Permit when the
Corps of Engineers issues it. Written concurrence from the Division of Water Quality (DWQ) is not
required provided that you can meet all of the conditions of the General Certification.

If at anytime during construction of your project you determine that you cannot meet these
conditions or if there are any additional impacts to wetlands or water quality not described in your
application, you must contact this office inimediately,

3900,

If you have any questions concerning this matter, please do not hesitate to call me at (910)-395-

Sincerely,

I/~~

Noelle Lutheran
Environmental Specialist III

Attachments: GC #3402

cc: Cyndi Karoly, 401 Oversight Unit
Mickey Sugg, USACE Wilmington
Kim Williams, Land Management Group
WiRO

N, C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer SeNice
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One .

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wac #3402

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES)
39 (RESIDENTIAL. COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)

This General Certification is issued in conformity with the requirements of Section 401,
Public La',vs 92-500 and 95-217 of the United States and subject to the North Carolina Division of
'.Vater Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e" isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39,41,42,43 and 44) of
the Corps of Engineers regulations (Le., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11,1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18,2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ.

The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301,302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.

. .
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
. Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used, Stream relocations and
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure
(including construction impacts) spans the entire bed and both banks of the stream,
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pattem. Impacts for dam footprints and flooding will count toward the
threshold for stream impacts, but flooding upstream of the dam will not (as long as no
filling, excavation, relocation or other modification of the existing stream dimension,
pattern or profile occurs) count towards mitigation requirements, Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
. Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.

"

WQC #3402

· Lakes and Ponds - Impacts to waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area, Permanent
and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of aquatic functions including but not limited to filling and
dredging shall be considered waters impacts.

Application Thresholds - Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
· Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
· Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
· Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre
west of 1-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
· Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
· Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality; .

2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification, New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;

3, Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B, 0212 (WS-I), 2B .0213 (WS-II),
2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules, All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development

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wac #3402

must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules, For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1 :24,000 topographic map or as otherwise determined by local government
studies;

4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.

Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
storm water management plan when a site-specific stormwater management plan is
required.

Fer streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification,

Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.

Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.

. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
. Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
· The structural stormwater practices as approved by the Wetlands Unit 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.

5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;

6. In accordance with North Carolina General Statute Section 143-215,30(e), any
application for a 401 Water Quality Certification must include the appropriate fee. If a

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WQC #3402

project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;

7, In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (Buffer Rules) in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those protocols, When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur, unless otherwise specified
in the approval letter, The mitigation plan must be implemented and/or constructed before
any permanent building or structure on site is occupied, In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the
travelling public. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina,
April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;

8. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
stable reference reach if the existing channel is unstable), to the maximum extent
practical. The new channel should be constructed in the dry and water shall not be turned
into the new channel until the banks are stabilized, Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30 foot
wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note'
that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina, April 2001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;

9. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;

~

wac #3402

10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;

11. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;

12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;

13. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;

14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;

15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;

16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds, These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
htto:llh20.enr,state.nc.us/ncwetfands. DWQ shall be sent copies of all deed restrictions
applied to these lots;

17. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;

18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44,
v.hichever is sooner.

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WQC #3402

Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.

The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.

Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality,

Effective date: March 2003

DIVISION OF WATER QUALITY

By

Alan W, Klimek, P,E,

Director

wac # 3402

401 projects

Subject: 401 projects
From: Patricia Collins <Patricia,[e-mail]>
Date: Tue, 20 Dec 200508:58:41 -0500
To: Ian McMillan <[e-mail]>, Cyndi Karoly <Cyndi,[e-mail]>

The following projects have been issued a 401 permit:

Camp Lejeune/Bldg 670 Water Main Replacement, DWQ#: 2005 1937, Onslow County
Jarrett Bay-Lot 3, DWQ#: 2005 2096, Carteret County
Harbor View at Arcadius/Scott Patton, DWQ#: 2005 2073, New Hanover County
Pireway BAA/NC Wildlife Resources, DWQ#: 2005 2156, Brunswick County

Thanks

patricia Collins
Administrative Assistant

N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina

Phone: [phone]
Fax: [phone]

1 of 1 12/20/20059:01 AM

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TO: Mr. Mickey Sugg
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402

DEnr.( "i'';//\t,'':r" (""t::',l _:'; 1
WEi1.AND3 fJIP'tJTOfj~.~i:i;lf;l' cr:J)i~:f1

RE: Jarrett Bay Industrial Park; Lots 3A & 3B; Carteret County, NC
Action ID# 200600225

, Dear Mickey:

Thank you for your letter dated November 29,2005, in which you request additional
information for Lot #3 at Jarrett Bay Industrial Park. In your letter, you provide the
following comments:

The proposal to impact 0.1 acre of jurisdictional wetlands has not beenjustifiable. In
reviewing the plans, it is understandable that access through wetlands for Lot 3B is
needed and impacts are unavoidable from a practicable view, However, there is a
lack of justification, or demonstration, for the need to fill 0.3 acre for the building,
You must disclose the need for this amount, why a 9,000 sq. ft. building is needed,
where the parking lots will be located, and what type of facility will be housed within
the building. Please be aWare that filling of wetlands for speculative construCtion is
not a justifiable reason to permit wetland impacts,

The intended use of this building is to manufacture, service, and repair boats. In order to
perform these activities, adequate space is needed to maneuver several large boats within
the facility. The buyer of the property, DFA, LLC, had originally planned to construct a
10,000 sq. ft, building to give two tenants 5,000 sq, ft, each, However, in their attempt to
minimize wetland disturbance, they opted for a 9,000 sq. ft. building, which would give
one tenant 5,000 sq, ft. and one tenant 4,000 sq. ft,

This site is zoned Industrial/Manufacturing, According to the Building Ordinance for
Carteret County, the I/M zoning requires one space per employee on the shift with the

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greatest number of employees and five spaces for visitors. The applicant stated that the
highest number of employees would be six (three per tenant). Therefore, eleven spaces
would be needed, The building ordinance allows parking within the front building
setback, but at least 10' away from the road right of way. Figure 3 has been revised to
show the proposed parking.

I hope this information adequately addresses your comments. Please let me know if you
have any other questions, Thank you for your assistance with this project,

Sincerely,
Jt--- (;~

Kim Williams

Encl.

c: Mr. Eric Angell, DF A
Mr. Stephen Glenn
Ms. Noelle Lutheran, DWQ
Ms, Cyndi Karoly, DWQ

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404 Wetlands

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Land Management Group, 1nc.
Environmental Comultants I
WIlmington, N.C. i
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July 2005; revised December 2poS
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Figure 3. Wetland Impact #2.

Jarrett Bay; Lot #3
DFA, LLC
Carteret County, NC

Triage Check List

Date: 11/22/05

Project Name: Jarrett Bay - Lot 3
DWQ#: 05-2096
County: Carteret

To: Noelle Lutheran, Wilmington Regional Office

60-Day processing time:

11/17/05 to 1/15/06

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.

o Stream length impacted ,
o Stream determination
O Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
o Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
o Pond fill
O Mitigation Ratios
Ditching
o Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the application consistent with pre-application meetings?
Cumulative impact concern
o
o
o

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file, Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details, If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office, As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications, Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided, Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know,
Thanks!

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November 11, 2005

TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
WIlmington, NC 28405

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RE: 401 Water Quality Certification Application for Jarrett Bay; Lot #3 YIEJ,j7S:~;.::;::I\\:,::\;''''',CH
Carteret.County, NC

Dear Noelle:

Enclosed is a 40 1 Water Quality Certification application for your review, This application is submitted
on behalf ofDF A, LLC for Lot #3 within the Jarrett Bay Industrial Park T~s 5.6-acre lot is located off ofSR
1242 in Beaufort, NC, The applicant is proposing to build several commercial buildings within the site and a
road that connects these buildings. Although he has attempted to minimize impacts through careful site design,
0.10 acre of wetland impacts is required to construct one building off of the main road and.provide access to
the other buildings. Please note that the previous owner of the lot obtained 404/401 permits to fill 0.17 acre
for a road crossing (Action ID# 99-662; DWQ# 981283) and 0,07 acre for two building pads (Action ID#
20000197; DWQ# 991168) in 1999. These permits expired prior to any impact occurring,

The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.

Sincerely,

~ kJJL<

Kim Williams
Wetland Scientist

Encl.

C: Mr, Eric Angell
Cyndi Karoly, DWQ
Mickey Sugg, Corps

I -,

Office Use Only:

Form Version May 2002

USACEAction ID No. DWQNo.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A".)

20052096

I. Processing

1. Check all of the approval(s) requested for this project:
[g] Section 404 Permit D
o Section 10 Permit D
[g] 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General PermitNumber(s) Requested: NWP 18; GC3402

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: . D

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:D

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 Coast~ Manag~men;, Area of
Environmental Concern (see the top of page 2 for further details), ChlMl{F~; L~O \~r;@ I~

. .j
ll. ApplicautInformation NUV 1 7. {QD'i

1. Owner/Applicant Information.
Name: DFA.LLC
Mailing Address: c/o Mr. Eric Angell
1224 Copeland Oak Drive
Morrisville. NC 27560

DEt'~h - \1\'}.\1 t:k L',' ,
\"iETlANDSAjI,JD STCt~M'l:;i;~nJ"( til';;\.;~(;;

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

. .
2. Agent/Consultant Inform~tion (A signed and date4 copy of the Agent Au~orization letter
inust be attached if the Agenthas signatory authority for the owner/applicant.)
Name: Ms, Kim Williams
Company Affiliation: 'Land Management Group. Inc,
Mailing Address: P.O, Box 2522
Wilmington. NC 28402

Telephone Number: [phone]
E-mail Address:[e-mail]

Fax Number: [phone]

Page 5 of 12

ill. 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 defmed. 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 fmal 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: Jarrett Bav: Lot #3

2. T,I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Carteret Nearest Town: Beaufort
Subdivision name (include phase/lot number): Jarrett Bay
Directions to site (include road numbers, landmarks, etc,):" Take 17 N to 172 to 24 E to 70
E. Turn left onto 101 N. Turn left onto SR 1162 (Steel T1:mk Road), Turn left onto'SR 1242.
Site will be on the left (see vicinity map).

5. Site coordinates, if available (UTM or Lat/Long): 34,80670N 76,67770W
(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): 5.6 acres

7. Nearest body of water (stream/river/soundJocean/lake): Eastman Creek

8. RIver Basin: Neuse River Basin
(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: This lot is undeveloped. Adiacent land use is or commercial.

10. Describe the overall project in detail, including the type of equipment to be used:

Page 6 of 12

This protect will contain several commercial buildings and associated parking. The applicant
will complete all planned roads and stormwater conveyances. Culverts will be installed at
wetland crossings and silt fences will be installed. Infrastructure such as water will then be
installed. Finally, buildin~s will be constructed.

11. Explain the purpose of the proposed work: To build a commercial complex within the lots.

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 ill 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.
Mr, Mickey Sugg of the Corps approved a wetland survey for the entire tract in 1998, Since this
survey has. expired, the applicant is submitting an updated wetland survey for lot #3 with this
permit application for Corps renewal. It should be noted that Jarrett Boatworks applied for and
received 404/401 permits to fill 0.15 acre of wetlands for a road crossing (98-1293). This work
has been done, Mr. Stephen Glenn applied for and received 404/401 permits to fill 0,17 acre for a
road crossing (Action ID# 99-662: DWQ# 981283) and 0.07 acre for fill for two buildings
(Action ID# 20000197: DWQ# 991168) in 1999. These permits expired prior to any impact
occurnng.

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 additional wetland impacts are anticipated on this lot.

VI. Proposed Impacts to Waters of the United StateslWaters 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 inipacts 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.

Page 7 of 12

1. Provide a written description of the proposed impacts:
The aPlJIicant proposes to impact 0.10 acre of 404 wetlands for a road crossing and a building
lJad, .

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) , (linear feet)
I Culvert/fill 0.07 yes -400 Forested wetland
2 fill 0,03 yes -400 Forested wetland

* List each impact separately and identify 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.
** lOG-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 htto://www,femagov, '
*** 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: 3,8 acres
Total area of wetland impact proposed: 0,10 acre

3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts

Stream Impact Length of , Average Width Perennial or .'
Site Number TyPe ofImpact* Impact Stream Name * * of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
,

List each impact 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, gab ions, etc,), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear fOQtprint 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
WWW,USgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g" www,topozone.com.
www.mapquest.com. etc.),

*

Cumulative impacts (linear distance in feet) to all streams on site: N/A

Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the V,S.) below: N/A

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type ofImpact* Impact (lake, pond, estuary, sound,
(indicate on map) . . (acres) (if applicable) bay; ocean, etc,)

*

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): D uplands D stream D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc,):

Proposed use or purpose of pond (e,g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

Size of watershed draining to pond: "

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,buildirig 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 applicant has revised the site plan several times in order to avoid and minimize impacts to
wetlands. However, because of the 'amount and location of the wetlands some impacts' could not'
be avoided, The driveway has been reduced to 17' in width and will utilize retaining walls to
minimize'wetland impacts. Total wetland impacts have been reduced from what was'originally
permitted in 1999. ' , ,

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

Page 9 of 12

.0,. .

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 iinpact 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 US ACE 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
hlip:/ /h2o,enr.state.nc. tis/ncwetlands/strmgide,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,
preservatio~ mechanism (e,g., deed restrictions, conservation easement, etc.), ~da
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. '
Because impacts have been reduced to 0.10 acre, no further mitigation is presented.

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 NC~ is proposed, please check the appropriate box 011 page three and provide the
followi~g information: N/A

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Page 10 of 12

IX. 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 D No [g]

If yes, does' the project require preparation of an environmental document pursuant" to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation,
Yes D No D

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy ofthe NEP A or SEP A fmal approval letter.
Yes D No D

x. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A

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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No [g] If you answered "yes", provide the following information;

, . - . ..
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier R~quired
(square feet) Mitigation
1
2
Total

* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 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

Page 11 of12

,~

Payment into the Riparian Buffer Restoration Fund), Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A

XI. 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,
There is no existing impervious cover within this site, Total proposed impervious cover will
consist of 4 commercial buildings,' parking areas and driveways, whIch will comprise
approximately 1.5 acres. The applicant will install silt fencing around the construction area to
reduce erosion into wetland areas,

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity ofthe subject facility.
The facility will tie into the local sewer system.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D' ,No [2J

Is this an after-the:-fact permit application?
Yes D No [2J

XIV. 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).
N/A' . , ,

~ C W~ 11/ll/o~'

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

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SCALE 1" = 1 MILE

JARRETT BAY; LOT #3
DFA, LLC
Carteret County, NC

Land Management Group, Inc.
Environmental Consultants
Wilmington, N,C,
JULY 2005

Vicinity Map

N
n

SCALE 1" = 2000'

JARRETT BAY; LOT #3
DFA, LLC
Carteret County, NC

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
JULY 2005

USGS 7,5'
Core Creek Quad Sheet

N
n

SCALE 1" = 2000'

JARRETT BAY; LOT #3
DFA, LLC
Carteret County, NC

Land Management Group, Inc.
Environmental Consultants
Wilmington, N,C.
JULY 2005

Soil Survey
Carteret County

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BOo
:itJ, '10'",
vO"
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OOnlf't',AN
l>8 rr~ PIJ, i)J

Proposed Wetland Impacts (0.10 ac)

NOTE: Building specifications as shown in this figure are preliminary,
,

Jarrett Bay; Lot #3
DFA,LLC
Carteret County, NC

Land Management Group, Inc.
Environmental Consultants
Wilmington, N,C,
July 2005

04-05-520

A
I I
0 200 400
SCALE 1" = 200'

Site plan showing
proposed wetland impacts.

Ii

Cross Section of Driveway

0+10'

1/
,

IT-wide impact

)1

Proposed Grade

0+0'
0+0'

0+5'

0+10'

0+15'

0+20'

0+25'

'"-'

Horizontal: I" = 5'
Vertical: 1" = 5'

Typical Profile of Road

Proposed Grade

1 - 24" pipe culvert

Existing Grade

Utilities

NOT TO SCALE

NOTE: Final culvert specifications to be determined by project engineer.

Jarrett Bay; Lot #3
Mr, Stephen Glenn
Carteret County, NC

Land Management Group, Inc.
Environmental Consultants
Wilmington, NC
July 2005

Typical Road
Cross-Section

04-05-520

Proposed Wetland Impacts (0.07 ac)

SCALE I" = 40'

Jarrett Bay; Lot #3
DFA,LLC
Carteret County, NC

04-05-520

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2005

Wetland impact # 1

Proposed Wetland Impacts (0.03 ac)

SCALE I" = 40'

NOTE: Building specifications as shown in this figure are preliminary.

04-05-520

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2005

Wetland Impact #2.

Jarrett Bay; Lot #3
DFA,LLC
Carteret County, NC

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""1111 IV S \\\\\,.
'1/J/III1I11I\,,11

u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. q1~ tl '). --

County

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

4t~e" {;(~kV\ 11d:
ssu C:; I JVfltI:A. S-htui, 1)-lJ! FLrofl.
6411 f p.q"'~IISc;) ,4 {:!oM.~ 14/olt
,

Telephone No, (l./IS) i35..f200
'Size. and Location of project (water body, road name/number, town, etc,)
. -1 1lR' l~ ~t :fr "3 .1' ~IL
0+ SfeeL1&l r<J C5K. 11';))- .; ~ tv r;~st~~
Co~ [~.tek ~rn~;+) I ~i~ (/" \ }J~ .
Description of Activity ~ct:~P.. -/b J.;~~~ +;Ll~ ;'" - 0./7 ~Ck sf"
Se~'~ C{,')C( w~~.o~ .f.AA ~ ~'5~.P.., J:.. et~d~~S fl.4J.

Property owner
Address

~f -p,'"d j~ Yh~~~6u<
~7; go~ :::?S.:2;)
0: 1.....,("'1-1-0" I )Jc .it///);)

Applicable Law: J
(check all that apply)

Section 404 (Clean Water Act, 33 U,S,C, 1344),
Section 10 (River and Harbor Act of 1899),

Authorization:

)/0. ;2.L

Regional General Permit Number,
Nationwide Permit Number,

Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans, If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone], For any
activity within the twenty coastal counties, before beginning work you must contact the N.C, Division of Coastal
Management, telephone [phone].

Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
-appr?griate legal action.

This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtairi
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriat~.State
and local agencies before beginning work.

If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below,

Date 3 ~ 2. -1;
Corps Regulatory Official M S2
Expiration Date of Verification \ 3 - 'J - ;2 00 (

Telephone No,

(j1iJ) .2S/-'f(l1
./

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE,.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

~

James B, Hunt, Jr" Governor
Wayne McDevitt, Secretary
A. Preston Howard,Jr., P,E" Director

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

January 4, 1999
Carteret County
WQC 401 Project # 981283

APPROVAL of 401 Water Quality Certification

Stephen Glenn
550 California Street, 12'" Floor
San Francisco, CA 94104

Dear Mr. Glenn:

You have our approval, in accordance with the attached conditions, to place fill material in 0.17 acres of wetlands or
waters for the purpose of installing a road crossing, as you described in your application dated December 30, 1998; After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3103.
This Certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and 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 wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification.
. If you do not accept any of the conditions of this certification, 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 the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. 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 John Dorney at 919-733-1786.

Attachment

cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Scott Piner, Land Management Group

98981283.ltr

Division of Water Quality · Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer · 50% recycled/10% post consumer paper

t- 0,., ~ "):

u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id, ;;'000 () 1'17

County CM-tM-

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
eto~ 5cf1i\ P,c,,&.
5+~~~ a ItVlVl Jrt; uJ ~i ~UJ'f
~bD CA.\ ;foaN\:Oot ~9rz. ~() t1~ ~S-.;1J
6 "''''- w: \~. ttJ", c. 16 02-
Telephone No. (4/5) ~35-1:JPO qlQJ Q'5.:2-0001

Property owner
Address

Size and Location of project (water body, road name/number, town, etc,)
ik ?~ed- ~:f-I!. ~~ l~ecQ Ok ~t5 3A ~ 3& 1 7~ 'j~ ~ sID.
a,,~tu.etf -h> fa5t~t., CReek I !:eM. CMe,k ~"",v",:, ( JJc. 1

Description of Activity \ Jt .. \ ~~ ; +0
0.07 Ae-, lOt ~ 0 Lt~Lf we.. $ -h ; l: We
~ ~S~~ o-t fLVD C.l\ f:tt ;l'\J(J?~( ~,,:ldi~5.
( At:, &~~c\ei .~r\ -tte ID,.U-Q1 aN\;~'P'"
Applicable Law: / Section 404 (Clean Water Act, 33 U,S.C, 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899),

M, . (f6

Regional General Permit Number.
Nationwide Permit Number,

Authorization:

Your work is authorized by th-is Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and our submitted lans, If your activity is subject to Section
(1 ectlon oc a ove IS checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone], For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone],

~ Please read and carefully comply with the attached conditions of the RGP or NWP, Any violation of the conditions
'1f of the RGP or the NWP referenced above may subject the permittee to a stop work order, a'restoration order, and/or
appropriate legal action. . . .

This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.

If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below,

Date --1l-It,-tf1

Corps Regulatory Official

Expiration Date of Verification

'~
~ lIJtt,-~OOI

Telephone No. lqt!) ;151..l{~ il

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COpy OF THIS FORM, IF REQUIRED OR AVAILABLE,

CESAW Form 591
Revised July 1995

.-

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality

James B, Hunt, Jr" Governor
Bill Holman, Secretary
Kerr T, Stevens, Director

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

October 24, 1999
Carteret County
DWQ Project # 991168

APPROVAL of 401 Water Quality Certification

Stephen Glenn
550 California Street, 121h Floor
San Francisco, California, 94104

Dear Mr. Glenn:

You have our approval, in accordance with the attached conditions and those listed below, to place fill material
in 0.07 acre of wetlands for the purpose of commercial construction as you described in your application received by
the Division of Water Qualityon October 13, 1999. After reviewing your application, we have decided that this fill
is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide
.Permit Number 18 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater: Non-Discharge and Water Supply Water shed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires_unless otherwise specified in the General Certification.

This approval is only valid 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 appi:ovalletter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7), For this approval to be valid, you
IIlUSt follow the conditions listed in the attached certification.

If you do not accept any of the conditions of this certification, 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 the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final a..'1d binding unless you ask for a
hearing.

This letter completes the review of the Division of Water Quality under Section 401 of tile Clean Water Act. If
you have any questions, please telephone John Dorney at 919-733-9646. .

. ~.qtce e ~O
Attaohment . Stev 1
cc: Corps of Engineers Washington Field Office' .
Wilmington DWQ Regional Office .
Scott Piner, P.O. Box 2522, Wilmington, NC, 28402
. File Copy
Central Files

991168

Division of Water Quality · Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer. 50% recycled/10% post consumer paper
http://h20.enr.state.ne.uslwetlandc. html

09/15/2005 16:54 FAX [phone]
89/15/2eeS 68:03 9104520050

COORDINATED HEALTH SVS
LANDMANAGEMENT

14I 001
PAGE 02/02

-.

AGENT AUTHORtzA nON FORM

TO WHOM IT MAY CONCERN:

J/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of infonnation related to the pennit application for the Jarrett
Bay; Lot #3 site. All questions in :regards to tbi,s project should be directed to Land Management
GroUp, Ino.

sm~~ .
O~~~

1j'1d 5C