20031185 Ver 1_COMPLETE FILE_20070831

OF WATF9 Michael F. Easley, Governor
\O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E.,Director
p -? Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 6, 2004 WETLANDS/ 401 GROUP
Mr. Jeffrey Zimmer
Zimmer.Development Corporation
111 Princess Street
Wilmington, NC 28402
Dear Mr. Zimmer:
AUG 1 1 2004
WATER QUALITY SECTION
SUBJECT: Approval of 401 Water Quality Certification
Eckerds Store #115411
DWQ Project # 031185
New Hanover County
You have our approval, in accordance with the attached conditions (WQC #3402), to do the following
activity at your property located at the intersection of South College Road and Shipyard Blvd. in
Wilmington, New Hanover County. This approval allows you to:
1. Fill 147 linear feet of perennial stream for the purpose of constructing a commercial facility.
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) application received by the Division of Water Quality (DWQ) on September 24, 2003,
and additional information received on July 20, 2004. After reviewing your application, we have
determined that General Water Quality Certification Number 3402 covers this activity. This Certification
can also be found on line at: htip://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification (#3402)
allows you to use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there
may be additional Federal, State or Local regulations applicable to your project, such as (but not limited
to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES
Stormwater and Coastal Stormwater. In addition, this approval will expire when the accompanying
404 Permit expires unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification.
If the property is sold, the new owner must be given a copy of the 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.
Please notify the Wilmington Regional Office at [phone]) if any problem arises during the
construction of the project that may affect water quality.
Please read the attached conditions. 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 conforming to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service, h
Wilmington.Regional Office Wilmington, NC 28405 [phone] Fax [phone] NMENR
Mr. Zimmer
Page Two
DWQ Project #031185
August 6, 2004
This letter completes the review of the DWQ Permit # 031185. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,
C- kz-
Alan W. Klimek, P.E.
r ' Director, Division of Water Quality
Attachments: GC # 3402
Certificate of Completion
cc: Jennifer Frye - Corps of Engineers Wilmington Field Office
Cyndi Karoly - 401/Wetland Unit, Central Office
Noelle Lutheran - WiRO
Michael Newman, P.E. - P.M. Engineering
(4601 Charlotte Park Drive Suite 160, Charlotte, NC 28217)
WQC #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 Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water 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 (i.e., 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 pattern. 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 213 .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;
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-1), 2B .0213 (WS-II),
2B.0214 (WS-III) and 213.0215 (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
WQC #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 Jr), 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
stormwater management plan when a site-specific stormwater management plan is
required.
For 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 213.0104(m) and 2H.1 000 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-1 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 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee. If a
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;
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;
WQC #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
http://h2o.enr.state.nc.us/ncwetlands . 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,
whichever is sooner.
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
WQC # 3402
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature
Date
Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington, NC 28405-2004
Registration No.
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: Rick?Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Pckerd Tract #1154
Project Number 03 1185
Recvd From APP
Received Date 9/24/03 Recvd By Region
Project Type commercial building
County New Hanover
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
39 stream O Y O N r 18-87-26 SA HQW 30,624. F 300.00
F__IP-17-0 N F_F_F__F__F_F_F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y O N
Is Mitigation required? O Y ON
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
This project has been place on hold due to revised plans being submitted by the request of the Army-
Corp of f Engineers.
An on hold letter was sent 11 /14/0' NL
Recommendation: O Issue O Issue/Cond O Deny
cc: Regional Office
Central Office Page Number 1
PM ENGINEERING
July 16, 2004
Cyndi Karoly
401 Wetlands Unit
N.C. Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-226
WETLANDS / 401 GROUP
JUL 19 2004
WATER QUALITY SECTION
Re: DWQ Project #031185
Eckerds Store #1154R
Shipyard Boulevard and South College Boulevard, Wilmington, NC
Dear Ms. Lutheran,
INCORPORATED
LAND PLANNERS
ENGINEERS
TRANSPORTATION
LANDSCAPE
ApailTECTS
Please find enclosed the additional information you were waiting on. The revised plan
and the approved US Army Corp of Engineers Nationwide Permit #39 for the above
referenced project. Jennifer Fry with the U.S. Army Corp of Engineers is currently
reviewing the revised plans showing the riprap energy dissipater for approval.
If you have any questions, concerns, or comments with regards to this project, please feel
free to contact me.
Sincerely,

Michael Newman, PE
P.M. Engineering, Inc.
4601 CHARLOTTE PARK DR SUITE 160 CHARLOTTE. NC 28217 Voia 704.521.9973 FAx [phone]
C 33 ?
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. '200101181 County: New Hanover Quad: `'Vilminatnn
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Responsible Party: Zimmer Development Corporation Agent: Land Management Group
Attn: Rod Young Attn: Kim Williams
Address: 111 Princess Street Post Office Box 2522
Wilmington, NC 28402 Wilmington, NC 28402
Telephone: [phone] [phone]
Cc: :'PIVI Engineering
Attn: Michael Newman
4601 Charlotte Park Drive, Suite 160
Charlotte, NC 28217
/ U - 2 f 2-3
Noelle Lutheran
Division of Water Quality
artment of
rth Carolina De
N
WETLANDS/ 401 G
p
o ROUP
Environment and Natural Resources
127 Cardinal Drive Extension JUL I 0 2004
Wilmington, North Carolina 28405
WATER
Q

Decimal Degrees: North: 34.199720 West: 77.88931° UALITY SECTION
Size and Location of Property (waterbody, Highway name/number, town, etc.): The site is located south of the
intersection of College Road and Shipyard Boulevard, in an unname d tributary to Hewletts Creek, in Wilmington, New
Hanover County, North Carolina.
Description of Activity: Discharge of fill material into approximately 147 linear feet of perennial stream for the
construction of a commercial facility (Eckerd Drug Store). The project and the proposed on-site mitigation are
detailed in the plans received on March 23, 2004.
Applicable Law: -S Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NATIONWIDE PERMIT #39: RESIDENTIAL, COMMERCIAL. AND INSTITUTIONAL.
DEVELVOPIVIENTS
SECTION 10 AND 404
Special Condition
a) All work authorized by this permit must be performed in strict compliance with the attached plans, which
are a part of this permit. Any modification to these plans must be approved by the US Army Corps of
Engineers (USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill
or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This pemit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies
to all borrow and fill activities connected with this project.
C ) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner as
to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
See attached documents for additional terms and conditions of this Nationwide Permit.
Your work is authorized by this 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 MVP. Any violation of the conditions of the NWP
referenced above may subject the pemuttee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State, or local approvalsipemlits. The pemiittee 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 Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: 5 May ?004
Corps Reulatory Official: An,-L
k,
Expiration Date of Verification: f

one No.: (910) 1;1-461 1
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
- FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
material into non-tidal waters of the United States, excluding non-tidal wetlands adjacent to tidal
waters, for the construction or•expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this.nationwide permit.
Residential developments include multiple and single unit developments. Examples of
commercial developments include retail stores, industrial facilities, restaurants, business parks,
and shopping centers. Examples of institutional developments include schools, fire stations,
government office buildings, judicial buildings, public works buildings, libraries, hospitals, and
places of worship. The activities listed above are authorized, provided the activities meet all of
the following criteria:
A. The discharge does not cause the loss of greater than \1/2\ acre of non-tidal waters of the
United States, excluding non-tidal wetlands adjacent to tidal waters;
B. The discharge does not cause the loss of greater than 300 linear feet of a stream bed, unless
for intermittent stream beds this criterion is waived in writing pursuant to a determination by the
District Engineer, as specified below, that the project complies with all terms and conditions of
this nationwide permit and that any adverse impacts of the project on the aquatic environment are
minimal, both individually and cumulatively;
C. The permittee must notify the District Engineer in accordance with General Condition 13, if
any of the following criteria are met:
1. The discharge causes the loss of greater than \1/10\ acre of non-tidal waters of the United
States, excluding non-tidal wetlands adjacent to tidal waters; or
2. The discharge causes the loss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below), or
3. The discharge causes the loss of greater than 300 linear feet of intermittent stream bed.
In such case, to be authorized the District Engineer must determine that the activity complies
Only residential, commercial, and institutional activities with structures on the foundation(s)
or building pad(s), as well as the attendant features, are authorized by this nationwide permit.
The compensatory mitigation proposal required in paragraph (f) of this nationwide permit may be
either conceptual or detailed. The wetland or upland vegetated buffer required in paragraph 0) of
this nationwide permit will determined on a case-by-case basis by the District Engineer for
addressing water quality concerns. The required wetland or upland vegetated buffer is part of the
overall compensatory mitigation requirement for this nationwide permit. If the project site was
previously used for agricultural purposes and the farm owner/operator used Nationwide Permit
40 to authorize activities in waters of the United States to increase production or construct farm
buildings, Nationwide Permit 39 cannot be used by the•developer to authorize additional
activities in waters of the United States on the project site in excess of the acreage limit for
Nationwide Permit 39 (i.e., the combined acreage loss authorized under Nationwide Permits 39
and 40 cannot exceed \1/2\ acre).
Subdivisions: For residential subdivisions, the aggregate total loss of waters of Unites States
authorized by Nationwide Permit 39 can not exceed\1/2\ acre. This includes any loss of waters
associated with development of individual subdivision lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is not present should be determined by the presence or
absence of an ordinary high water mark or bed and bank. Areas that are waters of the United
States based on this criterion would require a Pre-Construction Notification (PCN) although
water is infrequently present in the stream channel (except for ephemeral waters, which do not
require PCNs under paragraph (c)(s), above; however, activities that result in the loss of greater
than\1/10\ acre of ephemeral waters would require PCNs under paragraph (c)(1), above) are
determined by the presence or absence of an ordinary high water mark or bed and bank. Areas
that are waters of the United States based on this criteria would require a PCN even though water
is infrequently present in the stream channel (except for ephemeral waters).
3
a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposedfor such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened
or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
5
1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
i. Any past use of this NWP by the Individual Permittee and/or the pern ittee's
spouse;
ii. A statement that the single-family housing activity is for a personal residence
of the permittee;
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
7
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stonnwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWP, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the pennittee may proceed,
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description of measures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
17. For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective pennittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
9
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits.. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
11
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer.will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" maybe either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Pennittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstreani flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site, unless
the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
13
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the wort: must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract to
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTB ER INFORNIATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWT.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best Management Practices (BMPs): BNIPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are-categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
15
change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
NWP; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetland: An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The term "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial-Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
17
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
They are areas that are permanently inundated and under normal circumstances have rooted
aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular
rooted plants in freshwater systems.
Waterbody: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWP. These waters
are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas
are prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of,the following North Carolina designated
waters, applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters"
(HQW) (as defined by the North Carolina Division of Water Quality), or "Inland Primary
Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources Commission), or
contiguous wetlands (as defined by the North Carolina Division of Water Quality), or "Primary
Nursery Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
19
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
.2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which al low the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank stabilization,
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Appro ach Fill Baxj.RLU
Culvert busied
belov,, streambed
to appropriate
Stream depth
Bottom
DEPARTII 1-'NT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1390
WILMINGTON. NORTH CAROLINA 28402-1890
R1 PLY TO
Al TLNTION OF,
Action Identification Number: 200301281
Permit Number: NWP 39
New Hanover County
Permittee: Zimmer Development Corporation,
Attn: Rod Young
111 Princess Street
Wilmington, NC 28402
Issuance: May 5, 2004
Project Manager: Angie Pennock
Upon completion of the activity authoriz.d by this permit and any mitigation required by
the permit, sign this certification and ret:.rn it tc the following address:
US ARMY 00IRPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON.REGULATORY FIELD OFFICE
POST (;i"FICE BOX 1890
WILMINGTON, Nv;:'IH CAROLINA 28402-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modilicatii.n, or revocation.
I hereby certify that the work authorize(' by the above referenced permit has been
completed in accordance with the terms :md condition of the said permit, and required
mitigation was completed in accordance .N ith the permit conditions.
Signature of Permittee
Date
OF W A 7-FR Michael F. Easley, Governor
William G. Ross Jr., Secretary
`Q G North Carolina Department of Environment and Natural Resources
j r Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 14, 2003 WETLANDS/ 401 GROUP
CERTIFIED MAIL: 7003 0500 0004 8598 3806 NOV 2 0 2003
RETURN RECEIPT REQUESTED
Mr. Jeffrey Zimmer
Zimmer Development Company WATER QUALITY SECTfG1
111 Princess Street
Wilmington, NC 28402
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Eckerd Tract #1154
DWQ PROJECT # 031185
New Hanover County
Dear Mr. Zimmer:
This Office has reviewed your Pre Construction Notification application and is placing your
project on hold until we receive the following additional information:
1). It is the understanding of this office that the plans submitted to DWQ are being revised by
the request of Angie Pennock with the US Army Corps of Engineers. Please submit a
copy of the revised plans and additional information requested to this office so that we can
continue the review process.
Please respond within three weeks of the date of this letter by sending a copy of the information to
Noelle Lutheran and to Cyndi Karoly, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226,
her phone number is [phone]. 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. If you have any
questions, please feel free to call me at [phone].
Sincerely,
Noelle Lutheran
Environmental Specialist III
cc: Cyndi Karoly -Wetlands Group
Angie Pennock - Corps of Engineers Wilmington
Kim Williams - Land Management Group
W iRO
(Y1 c 16 50
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] trCl]Ei i l
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V. Z6?7 3.-.
October 3, 2003
TO: Mr. Michael Horan
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
RE: 401 Water Quality Certification Application Fee for the Eckerd Tract: #1154R
New Hanover County, NC
Dear Mr. Horan:
wile 94
?ownc? X...4 rf? 9'.h
3805 9(VYI'&"dk Avenue
9(ilnimSlon, 28403
We received your letter dated September 25, 2003 requesting an additional $275 for the Eckerd
Tract permit application since proposed stream impacts are greater than 150 linear feet. Enclosed please
find a check for $275. We apologize for the error.
Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Jeffrey Zimmer, Zimmer Development Co.
r
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
October 17, 2003
Mr. Jeffrey Zimmer WEIL4NDS1401 GRQU
Zimmer Development Company P
111 Princess St. OCT 9 3 2003
Wilmington, NC 28402
RE: Eckerd
Drug Co. 031185#1154R, Long Leaf MaIIwATERQUAL'?SEC
Request for Section 404 & 401 authorization r?G
Activity Located in New Hanover County, NC
Dear Mr. Zimmer:
The North Carolina Division of Coastal Management has reviewed the above-referenced Pre-Construction
Notification Application for a Nationwide Permit dated September 19, 2003, pursuant to Section 307 of the Coastal Zone
Management Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is not
inconsistent with the North Carolina Coastal Management Program provided the following conditions are met:
1. The activity described in the above-referenced application is for the issuance of a U.S. Army Corp of Engineers
Nationwide Permit, Number 39, under 33 CFR Part 330. Any modification of your proposed activity, or change in
the Nationwide Permit Number that you are seeking, will require an additional review for consistency by this
office.
2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401 Water Quality Certification
must be obtained from the North Carolina Division of Water Quality.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit
requirements are met prior to implementation of the project. Although the current project is outside of CAMA Areas of
Environmental Concern, future development on this property may require CAMA permits. Please feel free to contact me
at [phone] if you have any questions or need further assistance.
Sincerel?
Jim H. Gregson
District Manager
cc: Charles Jones, DCM
J. Dail, DCM
Guy Pearce (Consistency Coordinator)
Angie Pennock (Wilmington District Corps of Engineers)
Keith Harris (Wilmington District Corps of Engineers)
Noelle Lutheran (North Carolina Division of Water Quality)
John Dorney (North Carolina Division of Water Quality)
Kim Williams, Agent, Land Management Group, PO BOX 2522, Wilmington, NC 28402
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
I
Date:
I JI9/G3
Triage Check Dist
E,,-ifo? T?ic-f
Project Name:
DWQ#:
0 3 -- // 7_s-
County: A4J
To: ? ARO
? FRO
? MRO
? RRO
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
? WaRO Tom Steffens
WiRO Noelle Lutheran
? WSRO Daryl Lamb
From: Telephone : (919)
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: Se 2 ? e
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TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
SEP 2 4 2003
Wilmington, NC 28405 611iITI-RQUAL I7YSECTIOIN
RE: 401 Water Quality Certification Application for Eckerd Tract: #1154R, Long Leaf Mall
New Hanover County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification Application for your review. This application is
submitted on behalf of Zimmer Development Company, LLC for a 2.63-acre site located at the
intersection of Shipyard Boulevard and College Road in New Hanover County, NC. The applicant is
proposing to build a drug store and associated parking within the site. As you know, it was determined
during an on-site meeting on July 31, 2003 that a blue line perennial stream exists on the property.
Although the applicant has attempted to minimize stream impacts through careful site design, the
location of the stream on the tract has resulted in proposed impacts of 300 LF. To offset these impacts,
the applicant proposes to relocate and improve the stream. A total of 375 LF of channel will be created,
banks will be graded at a 3:1 and 4:1 slope, and the banks will be planted with native vegetation.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your
review. In addition, a $200 application fee has been submitted to Mr. John Dorney. Please contact me if
you have any questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Jeffrey Zimmer, Zimmer Development Co.
Mr. Michael Newman, PM Engineering, Inc.
Ms. Angie Pennock, ACOE
Mr. John Dorney, DWQ
September 19, 2003

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901ndny&n, ? V 28409
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39: GC 3402
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: ?
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 >fd!.lS'?t!?q????J1
1. Owner/Applicant Information SC,-p ? j
Name: Mr. Jeffrev Zimmer
Mailing Address: Zimmer Development Company 0
,.'1Es!r?
111 Princess Street
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group. Inc.
Mailing Address: P.O. Box 2522
Wilmington. NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwiIliams(aIrngroup.net
Page 5 of 12
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: Eckerd Drug, #1154R: Long Leaf Mall
2. T.I.P. Project Number or State Project Number (NCDOT Only):_
3. Property Identification Number (Tax PIN): R06114-004-001-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take 132 S into Wilmington.
Take a right onto Shipyard Blvd. Site is on the left in the Longleaf Mall Shopping Center
(see vicinity man).
5. Site coordinates, if available (UTM or Lat/Long): 34.1992 N, 77.8897 W
(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): 2.63 ac
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Hewlett's Creek
8. River Basin: Cape Fear 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: A fast food restaurant currently exists within the property.
Adjacent land use is commercial. The existing stream consists partly of an underground
culvert and partly of a vegetated wide channel with steep banks.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to relocate 300 linear feet of a culvert and stream within the property.
Construction activities include installing erosion control devices such as silt fences, removing
existing impervious surfaces including parking spaces and buildings. removing existing
culvert and rough grading of the site performing fine grading, constructing stormwater and
underground utilities. and building the proposed structures and paving. Heavy equipment will
be used to complete the project.
11. Explain the purpose of the proposed work: To build a drug store and associated parking
area within the lot.
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.
No wetlands exist within the tract. Ms. Angie Pennock of the USACOE and Ms. Noelle Lutheran
of DWQ evaluated the property on July 31, 2003 and determined that the water body within the
site was a perennial stream.
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.
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
Page 7 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 300 linear feet of a perennial stream.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of 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.
** 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 httn:/fwww.fema. oov.
*** 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: none
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please sec' )
1 relocation 300 UT of Hewlett's Creek 15' perennial

* 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, 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
w\Vw.uses.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wlvw,.topozone.com.
wtivlv.maVquest.com, etc.).
Page 8 of 12
Cumulative impacts (linear distance in feet) to all streams on site: 300 LF
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 Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
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): ? uplands ? stream ? 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, 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.
Stream impacts could not be avoided because it runs through the middle of the property. Several
different site plans were evaluated and the current design was selected because it minimizes
stream impacts (see plan) to the greatest extent possible.
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.
Pacye 9 of 12
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:/ih2o.enr.state.nc.us/ncwetlands/strmLide.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.
In order to mitigate for 300 LF of stream impacts the applicant will relocate and improve the
stream within the property by grading the slopes (3.1 and 4.1; see Fiaure 4) and planting the
banks with native vegetation in order to stabilize the stream and provide wildlife habitat. A
total of 375 if of stream/culvert will be created. This is a 1.25:1 creation to impact ratio.
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/wm/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):
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 ? No
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 ?
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ®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* (s uImpct are feet) Multiplier MiRequired
t n
1 3
2 1.5
Total
* "Zone 1 extends out 3U feet perpendicular trom near bank of channel; Gone L extenas an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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
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.
This site is currently developed and contains 1.18 acres of impervious cover. The proposed
project would contain 1.46 acres of impervious cover, which is approximately 56% of the total
lot. The applicant will install silt fencing around the construction area to reduce erosion into the
stream and will submit a stormwater plan.
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 of the subject facility.
The lot is connected to the City of Wilmington's sewer svstem.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
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
ILL
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
1/1 f,3
Page 12 of 12
r ?.
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}11

Jul.

SCALE 1" = 2.4 miles
Eckerd Tract; #1154R
Zimmer Development Company
New Hanover County, NC
fi yf t h
Fufrin?rw
i.
0C 'bic Pip
Land Management Group, Ina
Ensim mcutalConsultants
Wilmington, N.C.
September 2003
Figure 1. Vicinity map.
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SCALE I"= 1000'
Eckerd Tract; #1154R Land Manageutent Group, Inc. Figure 2. Topographic map.
En-dronn,cntal Consultants
Zimmer Development Company Wilmington, N.C. Site located in the
New Hanover County, NC September 2003 Wilmington quadrangle.
` Ilk, \ \\ \ \
/ \ \ \\ \ ECKERD
li \ \ \ \ TOTAL BUILDING AREA 13,824 SQ FT
TOTAL 55 SPACES
\ V A \ \ \ \ \ \ \ PARKING
PARKING RATIO 4D/1,000 SQ FT
\ /f? \ ?? PROPERTY 2.63 AC scW? ?• . eo'
r
T? ?' \ V A A ViCI?I Tt
y \
/ h, v o v
y // A 6a A FIGURE 3. RELOCATION PLAN
EAW 01" 11 -1' \ \ ?F? \ \
P LONG LEAF MALL - ECKERD #1154
j? 1 LF ED te)=eo'wj` SOUTH COLLEGE RD AT SHIPYARD BLVD
sl ? \
RED AT AN WILMINGTON, NC
\ 70 \
'J \ ZIMMER Real Estate Development
io°uNINC 75 L (?\ D\\ Wilmington, NC [phone]
71
r?*
UNO RPIN HUGH MacRAE
EXISIING
BUILDING 1 ' !` ?.•` pQ."T'?0 ^ \?'d' \ \ \ \ ATHLETIC FACIUTY
CS ?? > ?' f ?. F \? \ \ \ \ \ OWNED BY
4-f / ' \? \ \ \ \ \ OTHERS
TV WID
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WHEEL 1 ?? r IN? TION \ \
WALL 6
.? STOP Q \ \
d.
' 5.0'W,DE}I? 163 EXISTING CUL 1??
"
SIDEWALX a 50' M.B.L.
3445 SF ---- 6300 SF - z TO BE REMOVED \\ `\
® - 5287 / V A
onz?
I/ F-1 i
X137 LF EXISTING CHANNEL
1 j TO BE RELOCATED
------ --------------- ------------------------------------------
-----;Z, ------------------------------------------
- - - - - - - - - - - - - - - - - - - - - - - - - - --
SOUTH COLLEGE ROAD (HIGHWAY 132)
1 l ,? --
---??i ----------------------------->
-----------------------------------------
,, --------------------------
4
Al
13.5'
10.5'
13.5
Miramat 2700 or Approved Equal
Horizontal Scale: 1" = 5'
Eckerd Drug, #1154R; Long Leaf Mall
Zimmer Development Co.
New Hanover County, NC
Land !Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
September 2003
Figure 4. Cross section of relocated
stream channel.
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9
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71 ??? • +,t.,
' .t Fah •• w 1 _ '?? 1
'J M d
SCALE 1"= 1320'
Eckerd Tract; #1154R Land Management Group, Ina
Environmental Consultants
Zimmer Development Company Wilmington, N.C.
New Hanover County, NC September 2003
Figure 5. SCS Soils map
of site.
rn ith 't r
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Pn ?,.?.
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4
SCALE 1" = 1320'
Eckerd Tract; #1154R Land 31anagernent Group, Ina
Environmental Consultants
Zimmer Development Company Wdmington, N.C.
New Hanover County, NC September 2003
Figure 5. SCS Soils map
of site.
Sep-17-2003 17:18 From-ZIIWR 9107621999 T-518 P.002/002 F-834
AGENT DISCLOSURE FORM
TO WHOM IT MAY CONCH RN:
Uwe, the nndcrcigncd, hereby authorize Land Management Group, Inc. to act as our alpnt in tho
preparation and representation of information related to the Eckerd Drug, #11548. Long Leaf
Mall project. All questions in regards to this project should be directed to Land Management
Group, Inc.
5incere'ty,
U? V_?11?w? r?"1?/ L LCd utn ??'va (t?
Lojol-b
Date
JF W AT X94 Michael F. Easley, Governor
G William G. Ross Jr., Secretary
DLU? North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 25, 2003
CERTIFIED MAIL #
RETURN RECEIPT REQUESTED
Zimmer Development Co.
111 Princess St.
Wilmington, NC 28402
Attn: Mr. Jeffrey Zimmer
On 09/24/03, your application for a 401 Water Quality Certification for the purpose of
constructing an Eckerds Drug Store (#1154)located in New Hanover County. Please note that
beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a
fee for all 401 applications, as indicated on page two of the PCN application form. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150 linear
feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of
streams, the fee is $475. In order for DWQ to review and process your request, you must send a
check in the appropriate amount made payable to the N.C. Division of Water Quality attached to
your application.
1. The impacts proposed in the application dated 09/24/03 were for 300 linear feet of
perennial stream.
2. Please send us a check in the amount of $275.00 to complete the application fee.
We did receive your check in the amount of $200.00 with the check being #21753.
Please call Michael Horan at 919-733-1786 or visit our web site at http://h2o.enr.state.nc.us/ncwetlands if
you have any questions regarding this fee.
Sincerely,
Michael Horan
CC:
Attn: Ms. Kim Williams
Land Management Group
PO Box 2522
Wilmington, NC 28402
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service''.
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] +'1CDU~ l
LAND MANAGEMENT GROUP, INC.
ENVIRONMENTAL CONSULTANTS
North Carolina Division of Water Quality 9/19/2003
Date Type Reference Original Amt. Balance Due Discount
09/19/2003 Bill Permit Fee 200.00 200.00
Check Amount
401 nn
UHM
WETLAHDSI
SEP 2 4 2003
NATEA QUALITY SECTION
Coastal Federal Bank 401 Certification Applicaton
21753
Payment
200.00
200.00
200.00
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CASCADE RD ~z 9 R ~ q d'
_ _ _ _ , Op~~ ~9tRR0 Lang leaf Mall ~ ~ a~9 C ~ 0 I~
O1
EED LIMIT 45•MPH _ _ _ _ ~ Q 10 0ti~0 4FF V 0 r In
57 LF 30" HDPE PERF ~ 0% - ~~4 ~'d n ~ ~ ~
W/12' WIDE INFILTRATION !3ED NCDOT 840,02 10 _ - _ _ a be y~c r..~ C _ GRAPF~IC SCALE ~r 9s~ 9°~ ~
GRATE = 39,00 SEE DETAIL ON SHT. C.6 - INV OUT= 35,00 ' ~IdC 9~ d~ ~ v ~
B #11 (SEE DETAIL) 30 0 ~s so F,p 4d > N ~ d ~ GO ~ _ A N
10'X20' JUNCTION BOX W _
PUBLIC DRAINAGE MANHOLE RISER, FAME & OVER EASEMENT vx~n c'^Z~
RIM = 40,601 - JB #12 (SEE DETAIL) BENi~EY r ~ • 01 (IN FEET) ~ ~ ~ a v
--INV (N) = 28,28 10'x20 JUNCTION BOX W / _ y N/ _ _ _ _ _ _ _ 1 inch = 30 ft. ~ ~ w ~ 0 N
INV (W) = 30.65(EX.) MANHOLE RISER, FRAME & COVER _ INV OUT= 28,28 . & COVER ~ ~ ~
RIM = 42.00E . _ v ~ ~ o cU
0 ' - INV IN = 29.33 [ v
40, 20 43.00 43.0 _ 43 INV OUT= 29.33 ti _ _ 0. p C
MATC NCDOT NCDOT 840,EXIST. ~ 41 ~ GRATE NCDOT 840,02 #5 SCALE; NTS b ~ ~
GRATE = 39,70 40 _ INV Ol GRATE = 39,20 ~ ~ ~ _ INV OUT= 35,00 ,~E~I~y~ ff-,,, v
INV (N) = 35,00 _ u, ~U~Y~~~11r7 E, ;~Ci..,P
INV OUT= 35.00 9.00:.... 42 _
40.90 101 LF 24" HDPE PERF ~ 0% JUG 1
1 40.20 ~ 40 40 34 RATI N ~ 204 W/12 WIDE INFILT 0 BED 4 SEE DETAIL ON SHT. C.7 - ~~q~,--.
~ 3 , 6 41-' MATC 39. 1 ~ GRACING NOTES• ~ ~ t~tlq~ 1~;°`y a~C~"~~~~
EXIST, 0.47 1. THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH CODE OF
~ 5 2-78 RCP W/2 63 LF 30 HDPE PERF ~ 0% 39 70 4 ORDINANCES OF THE CITY OF WILMINGTON, THE CURRENT NORTH CAROLINA
> I - SEPARATION BETWEEN - J 1 W/12 WIDE INFILTRAT ON BED _ ~ - STANDARD SPECIFICATIONS, OS,H.A, STANDARDS, AND THE CITY OF
SEE DETAIL ON SHT. C.6 -PIPES-' - 41.76 41,76 41,34 3g• NCDOT 840.02 5 WILMINGTON ENGINEERING SPECIFICATIONS AND DETAILS.
40.74 42, 00 GRATE = 39,20
` INV OUT= 35,00 ~ 2. MAXIMUM EMBANKMENT SLOPES TO BE AS FOLLOWS; CUT AREAS 3:1,
NCDOT MH 840.51 13 PUBLIC DRAINAGE _ # 41,80 FILL AREAS 3;1, 3.60'
W INSIDE WEIR EASEMENT 42,00 39.60' l st,. - 40.00 » 80 LF 24 HDPE PERF ~ 0% 3, TOP ELEVATIONS ARE TO TOP OF GRATE FOR DROP INLETS AND TOP OF
RIM = 39.901 41.4 41.80 INV (W) = 35.00 _ - W 12' WIDE INFILTRATION BED RIM FOR MANHOLES AND CATCH BASINS,
0 3 ' 40, 0 40. 0 INV UT= 4,30 0 SEE DETAIL ON SHT, C.6
~ 161 LF $ PVC ~ 1,0% MINIMUM 4. EXISTING CONTOURS ARE SHOWN AT ONE FOOT INTERVALS, PROPOSED
C,O, 40.20 8 LF 18' RCP NCDOT 840,02 4 CONTOURS ARE SHOWN AT ONE FOOT INTERVALS.
18" INV=34.26 139 LF 10 PVC _ GRATE = 39,40 _ F.F.E.-42.00 41,76 ~t
TOW ~ 1.0% MINIMUM INV NW = 35,0 ( ) n 5. GENERAL CONTRACTOR SHALL VERIFY EXISTING GRADES PRIOR TO
TOP OF ALL=39.50 =39 0 ~ INV OUT= 35.00 -U ' BEGINNING CONSTRUCTION IF EXISTING GRADES ARE AT VARIAN E WITH DRAWINGS, NOTIFY ENGINEER AND RECEIVE INSTRUCTION PRIOR TO PROCEEDING. ~N ~ARp
41.75 41.40 41.80 NCDOT MH 840,51 1 40. 0 4 0 , ~ ~P 'ESSi'
W ~ ~ ~ W/INSIDE WEIR 39.40 50 LONG x 10 IDE 39.40 . of o;~ •..9 ; 6, EXISTING AND PROPOSED UTILITIES ARE SHOWN ON THE UTILITY PLAN, ~ ,QP 9~,. ,y
RIM = 39,90± VEGETATIVE FILTER ~ o SHEET C.3, AL -
~ INV (N) = 35.00 N 3 ~ INV (W) = 34.17 39,90 214 -
78" RCP IN =27 0 42.00 41.40 42,00 INV OUT= 34,00 - 7, FOR EROSION CONTROL RE UIREMENTS REFER TO SHEET C,4, Q P : ~.P
41.50 42.00 C, 0; 4~, 8, EXISTING DRAINAGE STRUCTURES TO BE INSPECTED AND REPAIRED AS :D.1~ ay.,
33 LF RIP RAP APRON ~ 3 C.O. 40.7 MAX. STONE = 32 4..50 41.42 °~a~ rrrr+» ~ ~ NEEDED AND EXISTING PIPES TO BE CLEANED OUT TO REMOVE ALL SILT AND
DEPTH OF STONE = 48" ~ ' 41,76 41. 40.40 7~ / - U DEBRIS. ~ y
41,38 00
/ o ° 41.76 40.90 NCDOT 840.02 8 TOP OF WALL, NCDOT 840,02 3 . , 153 ~ 41,30} 153 LF 24" HDPE PERF ~ o A IN 9. LL DRAINAGE STRUCTURES ARE TO BE STALLED PER NORTH CAROLINA
GRATE = 39.50 ~ =39,50 - T _ n~ r GRA ~E - 40.w W/12 INV OUT= 35,00 / ' INV N = 35,00 ' SEE f W~12' WIDE INFILTRATI .BED DEPARTMENT OF TRANSPORTATION STANDARDS AND SPECIFICATIONS. ~'R~J~CT:
TOP OF WALL=39,50 ~ . 83 LF 18 RCP ~ 1.0% 41,4 SEE DETAIL ON SHT ,6 ~ ~ 10, 10TAL LIMITS OF DISTURBANCE IS 3.19 ACRES±,
4 1 40. 40, 50 ~ ; r. n y
~ 41;1{ 11, PROPOSED IMPERVIOUS AREA = 1.38 AC.
=12" INLINE GRATE 40.20 40.6 ~ _ 1 . RIM-38.50 \,4)' ' EXISTING IMPERVIOUS AREA = 1.04 AC,
- 40.90 4 , I.E.-36,50 ,DIl~~~, , STORE 1154R 12.1 IN IN
.00 , 2 L E DRAIN SHALL WITH CAST IRON PERFORATED GRATE SHALL BE ADS SHIPYARD BLVD, ~ OR AN APPROVED EQUAL.
t1 LF 24 4 . & S. COLLEGE RD.
F OF 12" RCP 0 0.5 .S` . ~ _ , : 41 80 LF 24" HDPE PERF 0% ~ ~ ~ 1 NEW HANOVER COUNTY 3, 12 HDPE STORM DRAINAGE PIPE SHALL BE ADS MODEL N12 SMOOTH INTERIOR PIPE
3 H PE AT 3.00% ~ b~ > D ' ~ 41,50'. ' W/12 WIDE INFILTR N: BED 3ED OR AN APPROVED EQUAL. WI MIN T L G ON, NC
,SEE DETAIL ON C.6 " NCDOT MH 840.51 #14
40.00 RIM = 39.00 ! P ~ ~ . ~ 14. ALi_ WORK DONE IN THE CHANNEL WILL BE PERFORMED DURING DRY WEATHER
I.E.=131,14 (EX. 18 RCP) AND WILL BE IMMEDIATELY STABILIZED. g
„ NCDOT 840.02 2 I,E,=36,02 8 HDPE): CHANNEL 41.0 '
_ ( - BOTTOM GRATE - 40.00 ~ ~ FES 7 CDOrt 310.01 ~ -
TOP OF WALL=37,50 , , INV (N) = 35,00 -INV - 3.9.U0 F OR.
50' LONG x 10 ,3T~~ INV T= 35,00 ~ ~ ~ ~ _ FES INV.OUT 30.0 Z[MMER
1 1 WIDE NEGATIVE NCDOT 3 0,0 :FILTER 43 ~ ~ I I ~ Q 21 _ 12~ _ 21
l 0 .00 ~ E TOP OF WAL 4 DEVELOPMENT CQ. a5
= 36,50/ ''S 111 PRINCESS STREET 1~ 3
1 F1'L~ P 1 % ~ ~ti r ~ / 8 L 5, C 0 .90 o ti y1 ~ ~ ~ WILMINGTON, NC 28401
`f ~ . ; 9 TOP~F WALL 9 n ~ ~ 6 [phone]
S4 39.50 ~ A~3,00 / S4 ~ ~-NWL
INN = 33,90 -~h .~ti„~ ~ 'EARTHEN SECTION BELOW
GRASS CHANNEL N~f7~i A NWL DEPTH REVISIONS RETARDANCE OF "E"
_ ; ~ / OCITY COMMENTS 11/02/03 USE NORTH AMERICAN GREEN SC150 (BIO-DEGRABLE) AS A TEMP. ~.INING.
®NCDENR COMMENT5 12/22/0
- - 43,001 ©CITY COMMENTS 4/15/03
7',. , e GRASS TRAPEZOIDAL CHANNEL ~NCDOT COMMENTS 4/t4/04
ff FES #6 NCDOT 310.01 ~ NTS OCOUNTY COMMENTS 6/08/04
60 LF 24" HDPE PERF ~ 0% - INV = 37,46 i
PUBLIC DRAINAGE W 12' WIDE INFILTRATION BED 7 / ©CITY COMMENTS 7/13/04
EASEMENT ~ SEE DETAIL ON SHT. C.6
PUBLIC DRAINAGE 147 LF bF NEW CHANNEL - EXISTING CONTOURS
EASEMENT CONSTRUCTION ,
PROPOSED CONTOURS
EXISTING SPOT ELEVATION
i i +22.00 PROPOSED SPOT ELEVATIONS
PROPOSED DRAINAGE STRUCTURE
_ EXISTING DRAINAGE STRUCTURE
130 LF OF EXISTING DI DROP INLET
CHANNEL. DISTURBANCE. - ' TAKEN FROM SURVEY CB CATCH BASIN
JB JUNCTION BOX DWG. NAME ; 2003349C
TEMP, EROSION CONTROL
BLANKET, INSTALL NORTH MH MANHOLE DRAWN BY ; JCW
AMERICAN GREEN SC150 INFILTRATION TRENCH DATE, ; 09,23.03
BIO-DEGRADABLE ( ) i SCALE: 1" = 30'
PER MANUFACTURERS ~ RADIN
ornn~a~~rninnTinnic_
/ I\LV VIVI IYI LIVUf1 IIVIV.7
OR APPROVEpEQUAL PLAN
Y.~ BEFORE YOU DIG.....
Call 48 Hours Before You Dig! C•
(lit North Carolina One-Call Center, Inc.
0 1 1.800632.4949
2