20041377 Ver 1_COMPLETE FILE_20040820

OF N(Ar?9 Michael F. Easley, Governor
O QG William G. Ross Jr., Secretary
F P North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
;: -
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 5, 2005
Mr. Roy Pender
D
Cottage Point, LLC
410 West 0 St., Suite 300 JAN 0 ?_?05
Winston Salem, NC 27101 DEAR - WATER QUALITY
VYETtAND8 AN01 BTohMWATER BR
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Cottage Point Subdivision
DWQ Project # 041377
Brunswick County
Dear Mr. Pender:
You have our approval, in accordance with the attached conditions (WQC #3404), to do the following
activity at your property located off Owen Street in Southport, Brunswick County. This approval allows
you to:
1. Fill 0.13 acres of Section 404 Wetlands for the purpose of constructing roads to provide access to
the proposed residential upland development.
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 August 20, 2004,
and final requested information received on November 29, 2004. After reviewing your application, we
have determined that General Water Quality Certification Number 3404 covers this activity. This
Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This
Certification (#3404) 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
and the additional conditions listed on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] Qne
N rthC 1'
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10%a Post Consumer Paper V Co Ina
Natmally
Page Two
Mr. Roy Pender
DWQ Project # 041377
January 3, 2005
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project;
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Preconstruction Notice
Application. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur;
3. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to this office and a copy to the 401/Wetlands
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650;
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective streamside buffers on the adjacent property in order to
assure compliance for future wetland and water impact. These mechanisms shall be put
in place within 90 days of issuance of this Authorization Certificate. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/deednote.html.
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.
Page Three
Mr. Roy Pender
DWQ Project # 041377
January 3, 2005
This letter completes the review of the DWQ Permit # 041377. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E.
Director, Division of Water Quality
Attachments: WQC # 3404
Certificate of Completion
cc: Tom Farrell - Corps of Engineers Wilmington Field Office
Cyndi Karoly - 401/Wetland Unit, Central Office
Noelle Lutheran - WiRO
Amy Luddy - Land Management Group
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION. MAINTENANCE
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
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) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031or 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, 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.
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, 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 #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- 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;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of.best management
practices;
5. 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), 213.0213 (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 INC 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
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;
6. 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.
WQC #3404
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.
7. 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-11 unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. 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 project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. 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
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
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. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. 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;
WQC #3404
10. 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, 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 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;
11. 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;
12. 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;
13. 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;
14. 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;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. 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;
17. 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
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. 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;
19. 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 14 or Regional General Permit
198200031, whichever is sooner.
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 # 3404
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
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:
Engineer's Certification
Partial Final
1, , 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
Non-Discharge Branch
Regional Contact: Noelle Lutheran
WO Supervisor: Birk Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cottage Point Subdivision" County' Brunswick
Project Number 04 1377 County2
Recvd From APP Region Wilmington
Received Date 8/20/04
Project Type roads for S/D
Recvd By Region
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. supp. Basin Req. Req.
7 l d f-rested O Y _0N F__ 18-85-9-4 SC T 3(1.(17 099 1
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? QQ Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y0 N
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
This project has been place on hold for additional information. 9/29/2004 NML
Recommendation: Q Issue 0 Issue/fond 0 Deny
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: d %ft I b
DWQ#: ?
Project Name: ce-4PB,.,+bd:v
County: Pay LL nSw? c&
To: ? ARO
? FRO
? MRO
? RRO
Kevin Barnett
Ken Averitte
Alan Johnson
Mike Horan
? WaRO Tom Steffens and Kyle Barnes
?X WiRO Noelle Lutheran
? WSRO Daryl Lamb
From: 1?, -i-ti Z«,Iv
Telephone : (919) -116, g 3 9 4
The file attached is being forwarded to our for your evaluation.
Please call if you need as',,'stance.
? 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
AMhe
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Jek1dwne: 9110-452-00011
FILE COPY
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TO: Ms. Noelle Lutheran
401/Wetlands Unit
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
oy 137*7
November 23, 2004
RE: 401 Water Quality Certification Application for Cottage Point Subdivision
Brunswick County, NC
Dear Noelle:
Enclosed is a revised permit application to reflect the requested change in the size of
impact area number 4. The total wetland impacts on the site have changed from .09 acre to .13
acre. I have also enclosed a copy of the wetland delineation to be signed. Please let me know if
there is anything else needed to issue this permit.
S' cerely,
Environmental Technician
Encl.
Cc: Ms. Cyndi Karoly, DWQ
Mr. Roy Pender
a9VOW195
NOV 2 9 2004
WE?jDS aND Si EORMWATER' BRANCH
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. V?/ ` l3 7 7
(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 14;
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:
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
1. Owner/Applicant Information
Name: Roy Pender
Mailing Address: Cottage Point, LLC
410 West 4t' St., Suite 300
Winston Salem, NC 27101
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. Amy Luddy
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: aluddy_ ?a?l mgroo.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: Price Tract
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 237EB0IO
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): Cottage Point
Directions to site (include road numbers, landmarks, etc.): Hwy 87 south to Southport. Turn
Left on Hwy 211. Turn right on Owen Street. Go to the end of the street to Cottage Point
Subdivision.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 774775E 3757723N
(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): +/-25 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cottage 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/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site of the proposed road crossing is undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant is proposing to fill wetland areas to construct roads for the subdivision. A
track hoe and bulldozer will be used to truck in and level spoil material. The road
construction will follow sedimentation and erosion control plans. Silt fences will be used to
reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: The purpose of this project is to build roads
throughout the Cottage Point Subdivision.
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.
404 wetlands were delineated. Tom Farrell has met with Laura Stasavich to review the site. The
wetland delineation map is included in this package to be signed.
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
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Construction of roads
throughout Cottage Point Subdivision will cause 4 wetland impacts totaling 5,595 square
feet, .13 acres.
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**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill .002 No 400' Flood plain
2 Fill .015 No 460' Flood plain
3 Fill .031 Yes 200' Flood plain
4 Fill .080 No 480' Forested wetlands

* 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 http://www.fema.gov.
*** 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: +/- 7.5 acres
Total area of wetland impact proposed: .13 acres
3. Individually list all intermittent and perennial stream impacts below: N/A No stream impacts
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 seci
N/A

* 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
www.usss.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts.
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.
N/A

* 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 No pond impacts.
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.
The subdivision was designed to avoid impacting the wetlands present on the property.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
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.
The coastal wetlands(marsh) on the property, +/-4 acres, will be in a conservation easement.
The Cape Fear River Watch is considering ccepting this easement. The preservation to
impact ratio is roughly 30:1. The 404 Wetlands will be managed by the Cottage _ Point
Homeowners Association. The NCEEP has approved payment into their in-leiu fee program
to mitigate the impacts on this tract. Please see attached letter and point 2 below.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): .18 acre
Page 10 of 12
Amount of Coastal wetland mitigation requested (acres):
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* Impact
(square feet Multiplier Required
Mitigation
1
2
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
There will be 187,000 square feet of impervious cover which is 17% of the total tract.
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.
This subdivision will be using sewer.
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).
(Agent's signature is'-'valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
08/06/2004' 08:25 3367255041 WESTFOURTHLANDARCH PAGE 02
.. Ob/unf2444 M:5! . 9104520060 LANDMARAGEMENT PAGE- 02/02
AGENT DISCLOSURE FORM
TO WHOM IT MAY CONCERN:
r
I/avc, the uMcm*r,4 hereby autborize Land Managemomt Group, Inc. to act as our agent in the
prapsWa an and reprewntation of Wormmtion related to the permit application .far the Cottage
Point mite. All questions.in regards to taus project should be directed to Land Maragement Group.
Inc.
Sincerely, waat
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NCDENR EEP
919 733 5321 10/21 104 15:58 N0.596 02/03
paoo
October 21, 2004
Amy Luddy
Environmental Technician
Land Management Group, Inc
P.O. Box 2522
Wilmington, NC 28402
Subject: Project: Cottage Point Subdivision
County: Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for non-riparian wetland impacts associated with the subject project. Please note that the decision by the
NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the
U_S. Army Corps of Engineers and the N.C. Division of Water Quality Wedands/401 Unit. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as
implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects
that will have public benefits, as determined by the DCM, , provided that the public benefits clearly outweigh the adverse
effects of the project, and further, that all reasonable means of impact avoidance and minimization have been incorporated
into the project's design.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit(401 Certification within this time frame, this acceptance wilt expire. It is the applicant's responsibility to
forward copies of the 404 Permit/401 Certification to the NC Ecosystem Enhancement Program in order for an invoice to
be generated.
Based on the information supplied by you in a letter dated October 19, 2004, the wetlands restoration that is necessary to
satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum
amount of mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream
(linear feet Non-Riparian Wetlands
acres) Riparian Buffett
ft2
Im acts 0,09
Miti. 'on Maximum 0.18
The non-riparian wetlands mitigation will be provided as specified in the 401. Water Quality Cert'if'ication and/or Section
404 Permit for impacts associated with the subject project in Cataloging Unit 03030005 of the Cape Fear River Basin.
The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U,S. Army Corps of Engineers dated November 4, 1998,
Rgsttor&tg... E .. Pro" ow Std
RMWRI
North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-16191919-733-6208 / www.neeep.net
NCDENR EEP 919 733 5321 10/21 104 15:59 NO.596 03/03
Amy Luddy
Land Management Group, Inc.
page 2.
October 21, 2004
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Deborah D. Anderson
In-Licu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Farrell, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
Nov'' .. E .. pro our f&&, "
- i?c"uJEt
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TABLE-ac'A»
ALLOWABLE IMPERVIOUS SQUARE FOOTAGE PER LOT
Lot # Allowable Impervious Area Lot # Allowable Impeniiouy Area
1. 3000 26. 3600
2 3000- 27 3300
3. 3000 28. 3600
4. 3000- 29. 3600
5. 3000 30: 3600
6 360a 3-1: 31(00
7. 3600- 32. 3600
8. 360(1 '- 33. 3300
9. 3600 34. 3300
1v 30.00 35. 3300
11. 3300 36 3300
12. 3000 37. 3600
13. 3000 38 3600
14. 3000 39. 3600
15. 30{10 40. 3600
16 3300 41. 3000
17 3300 42. 3000
1&. 3600 43: . J600
19. 3600 44. 3000
20: 36011 45. 3800 (tavo-family)
21. 3600 46 3800 (two-family)
22 3300 47. $800 (two-famito
23. 3300 48.
24, 3600 49.
25. 3-000
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TO: Ms. Noelle Lutheran
401/Wetlands Unit
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
October 22, 2004
RE: 401 Water Quality Certification Application for Cottage Point Subdivision
Brunswick County, NC 09- )T?7
Dear Noelle:
Y. G/ J %x 4420
5045 Vuafcvra Yheel
Melee, ,W 279V
,liana: 252-473-3400
Enclosed is the NWT 14 application revision for Cottage Point Subdivision. Tom Farrell
from the ACOE has approved the wetland line in the field and will sign the wetland survey when
the Nationwide permit is issued. I have also enclosed the stormwater plans for the area
surrounding impact area #4. The plans show that the no swales connect to this wetland pocket
and that the remaining wetland area will retain its hydrology after the impacts are made.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions or concerns. Thank you for your
assistance with this project.
S,erely,
y
Environmental Tec Man
IZ
Encl.
Cc: Ms. Cyndi Karoly, DWQ
Mr. Roy Pender
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(It 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 14;
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: Z
II. Applicant Information 1@@@BW@
L Ow
ner/Applicant Information D
D
Name:_ Roy Pender O CT 2 7
Mailing Address: Cottaize Point, LLC
410 West 4°' St. Suite 300 "t"K WATER Q
Winston Salem, NC 27101 'VMWATER
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. AM Luddy
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: aluddynn,lmgroup.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: Price Tract
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN): 237EB010
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): Cottage Point
Directions to site (include road numbers, landmarks, etc.): Hwy 87 south to Southport. Turn
Left on Hwy 211. Turn right on Owen Street. Go to the end of the street to Cottage Point
Subdivision.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 774775E 3757723N
(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): +/-25 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cottage 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.ne.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site of the proposed road crossing is undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant is proposing to fill wetland areas to construct roads for the subdivision. A
track hoe and bulldozer will be used to truck in and level spoil material. The road
construction will follow sedimentation and erosion control plans. Silt fences will be used to
reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: The purpose of this project is to build roads
throughout the Cottaize Point Subdivision.
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.
404 wetlands were delineated. Tom Farrell has met with Laura Stasavich to review the site. The
wetland delineation map is included in this package to be signed
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
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Construction of roads
throughout Cottage Point Subdivision will cause 4 wetland impacts totaling 3748 square feet,
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***
1 Fill .002 No 400' Flood plain
2 Fill .015 No 460' Flood plain
3 Fill .031 Yes 200' Flood plain
4 Fill .038 No 480' Forested wetlands

* 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
(FU M), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** 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: +/- 8 acres
Total area of wetland impact proposed: .09 acres
3. Individually list all intermittent and perennial stream impacts below: N/A No stream impacts
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 secify)
N/A

* 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
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mEquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts.
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.)
N/A

* 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 No pond impacts.
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.
The subdivision was designed to avoid im aU cting_the wetlands present on the property.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
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.
The remaining wetlands on the property that will not be impacted, +/-8 acres, will be
preserved in perpetuity. The Cape Fear River Watch is considering accepting this part of the
property as a donation. The preservation to impact ratio is roughly 80:1. The NCEEP has
approved payment into their in-leiu fee program to mitigate the impacts on this tract. Please
see attached letter and point 2 below.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): .18 acre
Page 10 of 12
Amount of Coastal wetland mitigation requested (acres):
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
tigation
1
2
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
There will be 187,000 square feet of impervious cover which is 17% of the total tract.
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.
This subdivision will be using sewer.
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).
lie nt1 ge 's Si a re / Date
Y AP g
(Agent's si e is valid only i an authorization letter from the applicant is provided.)
Page 12 of 12
08/06/2004' 08:25 3367255041 WESTFOURTHLANDARCH PAGE 02
gab/IJn/2044 U8.t)I 9104520060 LANDMANAGEMENT pA:a? 02/A2
AGENT DISCLOSURE FORM
TO WHOM IT MAX CONCERN:
r
'/we, the und'T*ned, hereby autborize Land ManagwmOt Group, Inc. to act as out agent in the
preparation and represcafttion of information related to the permit application.far the cottage
Point site. All questiora.ia regards to this project should be directed to Latid Management Group,
Inc.
Sincerely,
rA t
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Brunswick County, NC Wilmington, N.C.
May 2004
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Land Management Group, Inc.
Cottage Creek EnvironmeMalConsultants NRCS Soils Map
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919 733 5321 10/21 104 15:58 N0.596 02/03
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PROCrRAM
October 21, 2004
Amy Luddy
Environmental Technician
Land Management Group, Inc
P.O. Box 2522
Wilmington, NC 25402
Subject: Project: Cottage Point Subdivision
County: Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for non-riparian wetland impacts associated with the subject project. Please note that the decision by the
NCEEP to accept the mitigation regWrements of this project does not assure that this payment will be approved by the
U_S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as
implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects
that will have public benefits, as determined by the DCM, provided that the public benefits clearly outweigh the adverse
effects of the project, and further, that all reasonable means of impact avoidance and minimisation have been incorporated
into the project's design.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to
forward copies of the 404 Permit/401 Certification to the NC Ecosystem Enhancement Program in order for an invoice to
be generated.
Based on the information supplied by you in a letter dated October 19, 2004, the wetlands restoration that is necessary to
satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum
amount of mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream
(linear feet Non-Riparian Wetlands
acres) Riparian Buffer
fta
Im acts 0.09
Miti. ion Maximum 0.18
The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section
404 Permit for impacts associated with the subject project in Camloging Unit 03030005 of the Cape Fear River Basin.
The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U.S. Army Cotes of Engineers dated November 4, 1998.
Rles'toYr:jej!?... _F .. Pro" ow -fht&
MI R
North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619 / 919-7$3.5208 / www.nceep.net
NCDENR EEP
Amy Luddy
Land Management Group, Inc.
Page 2.
October 21, 2004
919 733 5321 10/21 104 15:59 N0.596 03/03
If you have any questions or need additional information, please contact Carol Shaw at [phone].
??S--iiyn''cerely,
Deborah D. Anderson
In-Lieu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Farrell, USACO&Wilmington
NoelIe Lutheran, DWQ Regional Office-Wilmington
Pile
Re orr: ... ..'PYa" our S&68'
m
North Carolina e=cosystem Enhancement Program. 1619 Mail Service Center, Raleigh, NO 27699-1619 / 919-733-5208 1 www.nmep.net
08/11/2004 15:13 3367255041 WESTFOURTHLANDARCH PAGE 01
TABLE- "A"
ALLOWABLE IMPERVIOUS SQUARE FOOTAGE PER LOT
Lot # Allowable Impervious Area Lot # Allowable Impen ions Area
1. 3000 26. 3600
2. 3040 27 3300
3. 3000 28. 3600
4. 3000- 29. 3600
5. 3000 30. 3600
6 3600- 3I. 3600
7 3600 32. 3600
8. 3604 33. 3300
9. 3600 34. 3300
,10. 3000 35. 3300
11. 3300 36- .3300
12. 3000 37 3600
13.- 3#100 38. 3600
14. 3000 39. 3600
15. JOW 40. 3600
16. 3300 41. 3000
17. 3300 42. 3000
19 3600 4-3: 3600
19. 3600 44. 3000
20: 3600 45. 3800 (two-family)
21. 3600 46 3800 (two-family)
22: 3300 47. $800 (two; famito
23. 3300 48.
24 3600 49.
25. 3000 S0:

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Michael F. Easley, Governor
V -- V V IIIIC1111 V. RVJJ J1 ., Quu utal y
G North Carolina Department of Environment and Natural Resources
r r- Alan W. Klimek, P.E., Director
-? Division of Water Quality
Coleen H. Sullins, Deputy Director.
_
Division of Water Quality
September 29, 2004
CERTIFIED MAIL: 70031010 0000 0032 3857
RETURN RECEIPT REQUESTED
Mr. Roy Pender
Cottage Point, LLC
410 West 4"' St., Suite 300
Winston Salem, NC 27101
SUBJECT:
Dear Mr. Pender:
[I [I ow [IN
OCT 0 5 2004
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Price Tract
DWQ Project # 041377
Brunswick County
This Office has reviewed your Pre Construction Notification application and is placing your
project on hold until we receive the following additional information:
1'. Please send a copy of the signed wetland jurisdictional determination for the property;
2. Please clarify how the remaining wetlands on the tract will be preserved;
3. It does not appear that half of the wetland in permit area #4 can be preserved or protected.
Please include this area in the total wetland impact calculations and revise the plans, detail
sheets and application accordingly.
Please respond within three weeks of the date of this letter by sending a copy of the information
to Joanne Steenhuis 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,
X/' ?
Noelle Lutheran
Environmental Specialist III
cc: Cyndi Karoly -401 Wetlands Group
Tom Farrell - Corps of Engineers Wilmington
Amy Luddy - Land Management Group
WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer _ 50% Recycled/10% Post Consumer Paper North Carohna
NatimI&
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cottage Point Subdivision
Project Number 04 1377
Recvd From APP
Received Date 8/20/04
Project Type roads for S/D
Recvd By Region
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 forested O Y O N F-- 18-88-9-4 sC sw 30,617. 0.09
Mitigation Wetland
MitigationType Type Acres Feet
I
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
County Brunswick
County2
Longitude (ddmmss)
Comments:
This project has been place on hold for additional information. 9/29/2004 NML
cc: Regional Office
Central Office Page Number 1
Triage Check List
To: ? ARO
? FRO
? MRO
? RRO
Project Name: ?. 5/D
DWQ#: _ q 13 7"T
County: V'f-Mr-6Wj'*
Kevin Barnett ? WaRO Tom Steffens
Ken Averitte VWiRO Noelle Lutheran
Alan Johnson ?' WSRO Daryl Lamb
Mike Horan
From: Telephone : (919) ?_!FL5V77
The file attached is being forwarded to'., Sur for your evaluation.
Please call if you need as'Astance.
? Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
ft?Minimization/avoidance issues Nee4?/ (/LSA (f E
? 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?
(J Cumulative impact concern
Comments: MV6-? i w -lade
roads

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s ar?ace5 ire iM??F?iaus ?a 1?u ???,ah ?
- ?c.cow?rne?d `?f? ? .?r? aff ?la?t?
FEY)

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.. ? n?n Adil ? Y?[.C.. ? ? SVI etll 1 N i .1.O

Yobs 6//6 & 2522
WdmbtyAin, ,IV&A Vamhi w 28402
Ydhli ": 940-4152-0004
,I/&a n Gyyt ?' e:
yams /5
9,~,y Ash 6116 Yd
3805 ?2i??/afbaai?e ?iyuce
TO: Mr. John Dorney
401/Wetlands Unit
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
August 18, 2004
®41377
RE: 401 Water Quality Certification Application for Cottage Point Subdivision
Brunswick County, NC
WETL4NDS/401 GR
AUG 2 p 2004
WAT?
'SECTI
. 6 6ax //20
504 rua" 911md
dainko, "27954
Y&w: 252-47S-34100
Dear John:
Enclosed is a NWP 14 application for your review. This application is submitted on behalf
of Cottage Point, LLC. The applicant is proposing to build roads through the Cottage Point
Subdivision. Four areas will require wetland fill in order to complete the roads. The fill will result
in wetland impacts of 0.09 acres. Please refer to the site plan for the location of the impacts listed
above.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. In addition, the $200 application fee is also enclosed. Please contact me if you have
any questions or concerns. Thank you for your assistance with this project.
S' cerely
y
Environmental Technician
PAymE
?V T
Encl EGE/VED
.
Cc: Ms. Noelle Lutheran, DWQ
Mr. Roy Pender
Office Use Only: 041377 Form Version May 2002
USACE Action ID No. DWQ No.
kii any particuiar item is not appncame 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 14;
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
1. Owner/Applicant Information
Name: Roy Pender
Mailing Address: Cottage Point, LLC
410 West 4t` St., Suite 300
Winston Salem, NC 27101
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. Amy Luddy
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number:_ [phone] Fax Number: [phone]
E-mail Address: aluddynlmgroU.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: Price Tract
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 237EB010
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): Cottage Point
Directions to site (include road numbers, landmarks, etc.): Hwy 87 south to Southport. Turn
Left on Hwy 211. Turn right on Owen Street. Go to the end of the street to Cottage Point
Subdivision.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 774775E 3757723N
(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): +/-25 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cottage 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: The site of the proposed road crossing is undeveloped
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant is proposing to fill wetland areas to construct roads for the subdivision. A
track hoe and bulldozer will be used to truck in and level spoil material. The road
construction will follow sedimentation and erosion control plans. Silt fences will be used to
reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: The purpose of this project is to build roads
throughout the Cottage Point Subdivision.
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.
404 wetlands were delineated. Tom Farrell has met with Laura Stasavich to review the site. The
wetland delineation map is included in this package to be signed.
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
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Construction of roads
throughout Cottage Point Subdivision will cause 4 wetland impacts totaling 3748 square feet
.09 acres.
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***
1 Fill .002 No 400' Flood plain
2 Fill .015 No 460' Flood plain
3 Fill .031 Yes 200' Flood plain
4 fill .038 No 480' Forested wetlands

* 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 atbiip://www.fema. og_v.
*** 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: +/- 8 acres
Total area of wetland impact proposed: .09 acres
3. Individually list all intermittent and perennial stream impacts below: N/A No stream impacts
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 secify)
N/A

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
www.uses.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mgpquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts.
Open Water Impact
Site Number

(indicate on map)
Type of Impact* Area of
Impact

(acres)
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond,. estuary, sound,
bay, ocean, etc.)
N/A

* 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 No pond impacts.
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.
The subdivision was designed to avoid impacting the wetlands present on the property.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9of12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
hqp://h2o.enr.state.nc.us/newetlands/strmizide.html.
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.
The remaining wetlands on the property that will not be impacted will be preserved in
perpetuity.
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 hnp://h2o.enr.state.nc.us/wrp/indek.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.
X.
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 ?
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* Impact
(square feet) Multiplier Required
Mitigation
1
2
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 11 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There will be 187,000 square feet of impervious cover which is 17% of the total tract.
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.
This subdivision will be using sewer.
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).
<I T'
A p lica t gen 's S' nat re Date
(Agent's sign ure is id only i an authorization letter from the applicant is provided.)
Page 12 of 12
08/06/2004 08:25 3367255041 WESTFOURTHLANDARCH PAGE 02
tarp/ PJb/ ZblJy N5: 5 / 9104520060 LANDMANAGEMENT PAG8 02/@2
AGENT DISCLOSURE FORM
TO WHOM IT MAY CONCERN-
1/we, the undersigned, hereby authorize Land Managwont Group, Inc. to act as our agent in the
preparation and reprewntation of information related to the permit application .for the Cottage
Point side. All questions in regards to this project should be directed to Land Management Group.
Inc.
Sincerely,
Q,wner/A t
G0-R,&_ r cV ..
MA-A -Ist.
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Land Management Group, Inc.
Cottage Cfeek Environmental Consultants
L,Brurn-swickgCotinty, NC lmis? ton, N.C. Site Location Map
May, 2004
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Cottage Creek Environmental Consultants USGS Tope Map
Brunswick County, NC Wilmington, N.C.
May 2004
SCALE 1" = 2000'
Cottage Creek
Brunswick County, NC
Land Management Group, Inc.
Enviromnental Consultants
Wilmington, N.C.
May 2004
MRCS Soils Map
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08/11/2004 15:13 3367255041 WESTFOURTHLANDARCH PAGE 01
TABU "A"
ALLOWABLE IMPERVIOUS SQUARE FOOTAGE PER LOT
Lot # Allowable Impervious Area Lot # Allowable Impervious Area
1. 3000 26. 3600
2 3000 27 3300
3. 3000 28. 3600
4. 300a 29. 3600
5. 3000 30. 3600
6 3600 31. 3600
7. 3600 32. 3600
8. 3600 33. 3300
9. 3600 34. 3300
10. 3000 35. 3300
11. 3300 36_ 3300
12. 3000 37. 3600
13. 3000 38. 3600
14. 3000 39. 3600
15. 3000 40. 3600
16. 3300 41. 3000
17• 3300 42. 3000
18. 3600 43. 3600
19. 3600 44. 3000
20. 3600 45. 3800 (two-
family)
21. 3600 46. ,
3800 (two-family)
22. 3300 47. 3800 (two-family)
23. 3300 48.
24. 3600 49.
25. 3000 50.
Pas H0 Fax Note 7671
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ITO 6AFb From
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MOM a pno L3 W-31
Fax 0 60 1 Fax /_ 1&0411 21

08/11/2004 15:13 3367255041 WESTFOURTHLANDARCH
08/11!2004 WED 16:12 FAX [phone] Norris, Kuske. hnstall
Q.7,';; `243N 06: 24 ?3F7f255C41 GESTFO.IPTHLANDARCH
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