20051244 Ver 3_401 Application_20150309

Soutkern Environmental Group, Inc.
53 15 South College Road, Suite l= Wilmington, North Carolina 28412 /lov �/ 1 v3
910+522711 Fax_ 9 10 452 2899 o{fice@segi us www segi us ��X/
24 February 2014
Hand Delivery
Mr Kyle Dahl
US Anny Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Mr Chad Coburn
NCN Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Pre - Construction Notification
Lot 18, The Landing at Snow's Cut (Formerly Sea Breeze)
New Hanover County, North Carolina
SAW- 2004 -00941 / DWR Protect #: 051244
Dear Kyle and Chad,
SEGiP o ct# a150Ob O1J
PAW
Southern Environmental Group, Inc (SEGi) has been retained by Mr Bob Ginsberg (herein referred to as
"Applicant ") to submit the attached Pre - Construction Notification (PCN), in order to obtain the US Department
of the Army's and NC Department of Natural Resources' approval to utilize Nationwide Permit 18 and WQ
Certification 3890, at 909 Salt Spray Lane — Lot 18, within the existing Landing at Snow's Cut Subdivision, dust
north of Carolina Beach, in New Hanover County, North Carolina The subject property is part of a subdivision
that previously received USACE and DWR authorizations to fill 0 30 acres of wetlands and 241 linear feet of
stream, for the purpose of constructing roads and infrastructure To SEGi's knowledge, the project is in
compliance with the conditions of those permits
During the previous permit process, it was not anticipated wetland impacts would be necessary for any of the lots
within the subdivision It was not until the Applicant purchased the property and began the permit process, did
this become evident The fill is necessary to facilitate the construction of an access drive, for a single family
dwelling Unfortunately, impacts to wetlands are unavoidable The impact to the wetlands is anticipated to be
approximately 0 049 acre (4,312 SF) In order to offset the impact, the Applicant proposes to make payment to
the Lower Cape Fear Umbrella Mitigation Bank, for 0 10 acre of riparian wetland restoration credit
It is my sincere hope that the information found within and attached to this correspondence will allow the
USACE and DWR to process the approval request, and the authorizations will be issued However, if you find
you need additional mfonnation, please do not hesitate to contact me at 910 452 271 1 or email me at
dlutheran @se i us
As always, thank you both, for your time and assistance with this project We look forward to hearing from you
Sincerely,
Dana A Lutheran
Project Manager
Enclosures Attachment l — Lot 18 Pre - Construction Notification and Accompanying Appendices

o�oF w A rE9pc
h f
Q
Office Use Only
Corps action ID no
DWR project no
Form Version 1 4 January 2009
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
la
Type(s) of approval sought from the Corps
® Section 404 Permit ❑ Section 10 Permit
1 b
Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
®Yes ❑No
1d
Type(s) of approval sought from the DWR (check all that apply)
2401 Water Quality Certification — Regular ❑Non -404 Jurisdictional General Permit
❑401 Water Quality Certification — Express ❑Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWR
401 Certification
❑Yes ®No
For the record only for Corps Permit
El Yes ®No
1 f
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee
program
® Yes ❑No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
®Yes ❑No
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)
❑Yes ®No
2
Project Information
2a
Name of project
Lot 18 Sea Breeze S. D. (909 Salt Spray Lane — See Appendix A)
2b
County
New Hanover
2c
Nearest municipality / town
Carolina Beach
2d
Subdivision name
The Landing at Snow's Cut (Formerly Sea Breeze)
2e
NCDOT only, T I P or state project no
NA
3
Owner Information
3a
Name(s) on Recorded Deed
Robert Ginsberg (see Appendix B)
3b
Deed Book and Page No
5858 / 2524 -2527 (see Appendix B)
3c
Responsible Party (for LLC if applicable)
F
3d
Street address
805 Mississippi Avenue I RA
3e
City, state, zip
Carolina Beach, NC 28428
3f
Telephone no
757.334 7080 L ENR - WAT
3g
Fax no
UFFER PERMITTING
NA
3h
Email address
NA

4
Applicant Information (if different from owner) — same as above.
4a
Applicant is
❑Agent ❑Other, specify
4b
Name
lb
4c
Business name
(if applicable)
1c
4d
Street address
2.
4e
City, state, zip
2a
4f
Telephone no
2b
4g
Fax no
2c
4h
Email address
3
5
Agent/Consultant Information (if applicable)
5a
Name
Dana Lutheran (see Appendix C)
5b
Business name (if applicable)
Southern Environmental Group, Inc. (SEG1)
5c
Street address
5315 South College Road, Suite E
5d
City, state, zip
Wilmington, NC 28412
5e
Telephone no
910.452.2711
5f
Fax no
910.452.2899
5g
Email address
dlutheran @segl.us
B.
Project Information and Prior Project History
1
Property Identification
la
Property identification no (tax PIN or parcel ID)
R08518- 008 - 046 -000 (see Appendix D)
lb
Site coordinates (in decimal degrees)
Latitude 34. ON Longitude 77. °W
1c
Property size
0.31 acres
2.
Surface Waters
2a
Name of nearest body of water to proposed project
Unnamed tributary to the ICWW
2b
Water Quality Classification of nearest receiving water
C - as per 15A NCAC 0213.0301(1)(1)
2c
River basin
Cape Fear (03030005)
3
Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The site is undeveloped and wooded. Residential 1s the general land use in the vicinity.
3b
List the total estimated acreage of all existing wetlands on the property —6700 SF or 0.154 AC (see Appendix E)
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property NA
3d Explain the purpose of the proposed project
The purpose of this protect 1s to provide access to the buildable area of the lot (see Appendix E).
3e Describe the overall project in detail, including the type of equipment to be used
The project consists of installing an access driveway and culvert, which will provide a hydrologic connection between the
remaining wetlands (see Appendix E for details). Dump trucks and a bulldozer will be utilized to bring in and grade the clean
earthen fill to a specified elevation.

4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream
❑Yes ®No ❑Unknown
determinations by the Corps or State been
la Which sections were completed below for your project (check all that apply)
®Wetlands ❑Streams — tributaries ❑Buffers ❑Open Waters ❑Pond Construction
requested or obtained for this property / project
Comments
4b If the Corps made the jurisdictional determination,
❑ Prelimina ry ❑ Final
what type of determination was made?
2c
Type of wetland
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known) David Sc►betta
SEG►
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
On 9 September 2005, Mr Brad Shaver issued a JD for this project, under USACE AID #200400941 The JD was issued as part of a NWP
(see Appendix F)
5 Project History
5a Have permits or certifications been requested or
®Yes [:]No ❑Unknown
obtained for this project (including all prior phases)
2h Comments The road crossing will )Include the incorporation of an equalization pipe. This pipe will not extend out past the
toe of the slope. Temporary impacts are not anticipated with this work. Please see Appendix E for details.
in the past?
5b If yes, explain in detail according to "help file" instructions
Lot 18 is part of the 15 39 acre / 20 lot Sea Breeze Subdivision A NWP and DWR WQ Certification were issued to facilitate the installation
of roads and infrastructure The NWP authorized the fill of 0 30 acres of wetlands and 241 linear feet of stream Please see Appendices F and
G for details.
6 Future Project Plans
6a Is this a phased project?
❑Yes ®No
6b If yes, explain
NA
C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
®Wetlands ❑Streams — tributaries ❑Buffers ❑Open Waters ❑Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
Wetland impact
number Permanent
(P) or Temporary (T)
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction Corps
(404,10) or DWR (401,
other)
2f
Area of impact
(acres)
1 (P)
Road Crossing
Headwater Forest
Yes
USACE 404
0 049
2g Total Permanent Wetland Impacts
0 049
2h Comments The road crossing will )Include the incorporation of an equalization pipe. This pipe will not extend out past the
toe of the slope. Temporary impacts are not anticipated with this work. Please see Appendix E for details.
3. Stream Impacts
3a Stream impact
number Permanent (P)
or Temporary (T)
3b Type of
impact
3c Stream name
3d Perennial
(PER) or
intermittent (INT)?
3e Type of
jurisdiction
3f Average
stream width
(feet)
3g Impact length
(linear feet)
3h Total stream and tributary impacts
NA
31 Comments

4 Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the
U S then individually list all open water impacts below
4a
Open water impact
number Permanent (P) or
Temporary (T)
4b
Name of water body
(if applicable)
4c
Type of impact
4d
Water body type
4e
Area of impact (acres)
01
4f Total open water impacts
NA
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a
Pond ID number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
5f Total
NA
5g Comments
5h Is a dam high hazard permit required?
❑Yes ❑No If yes, permit ID no A
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWR)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below
If any impacts require mitigation, then you MUST fill out Section D of this form
6a Project is in which protected basin?
Neuse Tar - Pamlico Catawba Randleman Other
6b
Buffer Impact number —
Permanent (P) or
Temporary (T)
6c
Reason for impact
6d
Stream name
Be
Buffer Mitigation
required?
6f
Zone 1 impact
(square feet)
6g
Zone 2 impact
(square feet)
61
6h Total Buffer Impacts
NA
61 Comments
D Impact Justification and Mitigation
1 Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The Applicant has minimized the impact by making the access as narrow as possible and positioning the crossing to go
through the narrowest section of the feature (see Appendix E).
4

2b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Silt fence will be utilized during the construction of the access drive and dwelling. This is necessary to ensure sediment does
not discharge into the wetland and to mark the limits of impact.
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
The Applicant proposes to offset the impact to wetlands with payment to the Lower Cape Fear Umbrella Mitigation Bank
(LCFUMB — see Appendix H)). Payment to the LCFUMB will take place prior to land disturbance activities within
wetlands. The wetland preservation map and language (see Appendix K) will be re- recorded at the NHC ROD Office prior
to conveyance of the lot
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
®Yes ❑No
2b If yes, mitigation is required by (check all that apply)
®DWR ®Corps
2c If yes, which mitigation option will be used for this
project?
®Mitigation bank
FlPayment to in -lieu fee program
❑Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank LCFUMB
3b Credits Purchased (attach receipt and letter)
Type Riparian
Quantity 0.10
3c Comments Please see Appendix H for reservation letter from LCFUMB
4. Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
Required mitigation
4b Stream mitigation requested
4c If using stream mitigation, stream temperature
4d Buffer mitigation requested (DWR only)
4e Riparian wetland mitigation requested
4f Non - riparian wetland mitigation requested
4g Coastal (tidal) wetland mitigation requested
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
NA
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR
6a Will the project result in an impact within a protected riparian buffer that requires
E]Yes ®No
buffer mitigation?
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount
of mitigation required
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)

Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
NA
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
NA
6h Comments
E Stormwater Management and Diffuse Flow Plan (required by DEMLR)
1 Diffuse Flow Plan
1a Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑Yes ®No
1 b If yes, then is a diffuse flow plan included? if no, explain why
2 Stormwater Management Plan
2a What is the overall percent of impervious area of this project?
22%
2b Does the project require a Stormwater Management Plan?
®Yes ❑No
2c If this project DOES NOT require a Stormwater Management Plan, explain why
2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
The Sea Breeze Subdivision has an active stormwater permit (SW041203 — see Appendix 1). The BUA for this lot is This
project will meet the conditions of the permit (i.e. < 3021 SF per lot or less than 25% of the project site).
2e Who will be responsible for the review of the Stormwater Management Plan?
NA — Stormwater was reviewed
previously
3 Certified Local Government Stormwater Review
3a In which local government's jurisdiction is this project?
3b Which of the following locally - implemented stormwater management programs
apply (check all that apply)
❑Phase II ❑NSW USMP
❑Water Supply Watershed
❑Other
3c Has the approved Stormwater Management Plan with proof of approval been attached?
❑Yes ❑No
4. DEMLR Stormwater Program Review
4a Which of the following state - implemented stormwater management
programs apply (check all that apply)
❑Coastal counties ❑HQW
❑ORW ❑Session Law 2006 -246
❑Other
4b Has the approved Stormwater Management Plan with proof of approval
been attached?
❑Yes [—]No
5. DWR 401 Unit Stormwater Review
5a Does the Stormwater Management Plan meet the appropriate requirements?
®Yes ❑No
5b Have all of the 401 Unit submittal requirements been met?
®Yes ❑No
F. Supplementary Information
1. Environmental Documentation (DWR Requirement)
1a Does the project involve an expenditure of public (federal /state /local) funds or the use
of public (federal /state) land?
❑Yes ®No

1 b If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑No
(North Carolina) Environmental Policy Act (NEPA/SEPA)'?
1 c If you answered "yes" to the above, has the document review been finalized by the State
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter)
❑Yes ❑No
Comments
2 Violations (DWR Requirement)
2a Is the site in violation of DWR Wetland Rules (15A NCAC 2H 0500), Isolated Wetland
Rules (15A NCAC 2H 1300), DWR Surface Water or Wetland Standards, or Riparian
❑Yes ®No
Buffer Rules (15A NCAC 2B 0200)?
2b Is this an after - the -fact permit application?
❑Yes ®No
2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3 Cumulative Impacts (DWR Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ®No
additional development, which could impact nearby downstream water quality?
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most
recent DWR policy If you answered "no," provide a short narrative description
The access drive will not open surrounding lands to development. In addition, the remaining wetlands have been placed
into preservation, which limits activities taking place within wetlands that would alter or change their functional value.
4. Sewage Disposal (DWR Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the
proposed project, or available capacity of the subject facility
Sewer is provided by the Cape Fear Public Utilities Authority.
5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or habitat?
❑Yes ®No
5b Have you checked with the USFWS concerning Endangered Species Act impacts?
❑Yes ®No
5c If yes, indicate the USFWS Field Office you have contacted
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
SEQ utilized their knowledge of the area as well as past permitting information to verify this assessment.
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑Yes ®No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat (EFH)?
The lot is not located on body of water that would support EFH.
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal governments have
designated as having historic or cultural preservation status (e g , National Historic Trust
❑Yes ®No
designation or properties significant in North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
Previous permitting information for the subdivision was utilized to make this determination.
8. Flood Zone Designation (Corps Requirement)

8a Will this project occur in a FEMA - designated 100 -year floodplain'?
®Yes [—]No
8b if yes, explain how project meets FEMA requirements
The project falls within the the AE flood zone (see Appendix J). The house will be built in compliance with the guidelines.
There are no FEMA requirements for access roads within the AE flood zone.
8c What source(s) did you use to make the floodplain determination?
New Hanover County GIS Portal.
Dana A Lutheran (SEGO
�
24 February 2015
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the
applicant is provided )

Lot 18 Sea Breeze NWP Application 15 E I Sf
Appendix A
Vicinity Map

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Myrtle Grove Waonboro
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Convenience Store
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1531
Green Valley Or ! 153T
4T1 d North End Jet Ski Rentals
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Lot 18 Sea breeze NWPApplication S�CjI Sy?
Appendix B
General Warranty Deed for 909 Salt Spray Lane

ti`s �S
I
FOR REGISTRATION REGISTER OF DEEDS ,
TAMMY THEUSCH BEASLEY
NEW HANOVER COUNTY, NC
2014 DEC 22 02 15 51 PM
BK 5858 PG 2524 -2527 FEE $26 00
NC REV STAMP $320 00
INS1RUf�ENT # 2014034311
WARRANTY DEED
Real property is not the primary residence of Grantor.
Prepared by: Ned M. Barnes, Attorney at Law
A -3 Pleasure Island Plaza
Carolina Beach, NC 28428
Return to: Ned M. Barnes, Attorney at Law
Excise Tax: $320.00
Parcel Identifier: R085180008 -45 -000; R085180008 -46 -000; R085180008 -47 -000; and
8085180008 -48 -000
Brief description for the Index
Lots 17, 18, 19 & 20, The Landing at Snow's Cut (formerly Seabreeze Sound)
THIS DEED made this 18th day of December, 2014, by and between
G'QR ' ,
CZ, _ .,' ".c'r l �.' �. � +`.'d; k'+° • ;m'w � ,r �. , z,, �fi e�stu•,,
AMERICAN EQUITY FUNDING,
INC., a Arkansas corporation
2005 Alma Highway
Van Buren, AR 72956
ROBERT J. GINSBERG
and wife,
PATRICIA B. GINSBERG
805 Mississippi Avenue
Kure Beach. NC 28449
The designation Grantor and Grantee as used herein shall include said parties, their
heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or
neuter as required by context

Lot 18 Sea breeze NWPApplication S�CjI
Appendix C
Agent Authorization

5E–G1
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: 0 31 Acre Lot 18 Seabreeze Sound
LOT NO. 1 S PLAN NO.—PARCEL I.D. R08518- 008 - 046 -000
STREET ADDRESS: 909 Saltsnray Lane
Property Owner (please print): k c � F r 7 -J
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on my behalf in matters regarding areas of
environmental concern
Property Owner's Address (if different than property above):
G� f vl i5
5-Y, nn 1 }v Z_
v
Telephone:
757 334 7080
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge
Property Owner Au orized Signature SEGi Authorized Signature
(V �be,l J, Dana Lutheran
Print Name Print Name
ZI (ZZ W) 1/15/2015
Date Date

Lot 18 Sea breeze NWP Application S E-G I 5
Appendix D
New Hanover County Tax Information

PARID ROSS 18-008-046-000
AMERICAN EQUITY FUNDING INC
Parcel
Alt ID
313110 45 3450 000
Address
909 SALTSPRAY LN
Unit
AR
City
WILMINGTON
Zip Code
-
Neighborhood
A3S85
Class
RES- Residential
Land Use Code
958 - Unused Land
Living Units
5641
Acres
31
Zoning
R -15- RESIDENTIAL DISTRICT
Legal
Legal Description (31 ACRES) LOT 18 SEABREEZE SOUND
Tax District FD
Owners
Owner
AMERICAN EQUITY FUNDING INC
City
VAN BUREN
State
AR
Country
5722
Zip
72956
THE DATA IS FROM 2014
Sales
909 SALTSPRAY LN
Sale Date Sale Price
Grantee
Grantor
Book Page Sale Key
26- MAR -13
AMERICAN EQUITY FUNDING INC
EAS SENSORSENSE INC
5722
2141 483473
24- MAY -12
EAS SENSORSENSE INC
AMERICAN EQUITY FUNDING INC
5643
0039 473043
17- MAY -12 $800,000
AMERICAN EQUITY FUNDING INC
FIRST TROY SIDE LLC
5641
0661 472622
04- FEB -11 $2,215,500
EAS SENSORSENSE INC
SEA BREEZE LAND DEV LLC
5544
1753 459336
04- FEB -11
FIRST TROY SPE LLC
SEA BREEZE LAND DEV LLC
5544
1765 459366
Sale Details
1 of 5
Sale Date
26- MAR -13
Sale Key
483473
Sale Price
Grantee
AMERICAN EQUITY FUNDING INC
Grantor
EAS SENSORSENSE INC
Sale Source
-
Book
5722
Page
2141
Sale Validity
-
Sale Type
IMPROVED
Sale Flag
STEB
Instrument #
Instrument Type
Non - Warranty

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Lot 1 8 Sea Breeze NWr Application 5E-G1 5rG
Appendix E
Lot 18 Wetland Impact Map

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Lot 18 Sea breeze NWP Application
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Appendix F
USACE Nationwide Permit and Jurisdictional Determination
Issued 2005

U.S. ARMY CORPS OF ENGINEERS MiD E EUVE
WILMINGTON DISTRICT
Action ID 200400941 County New Hanover USGS Quad Carolina Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner Colorado Coastal Development, LLC Agent Souther n EnN ironmental Group
Address attn: Steve Shuttleworth attn: James Taylor
7741 Market Street, H & I 5315 South College Road, Suite E
Wilmington, NC 38411 -9444 Wilmington, NC 28412
Telephone No 910 - 686 -4194 910- 452 -2711
Size and location of property (water body, road name /number, town, etc ) The 15.39 acre tract (known as Sea Breeze
Subdivision) located off Sea Breeze Road before Snow's Cut off Hwy 421is adjacent to Myrtle Grove Sound
(Intracoastal Waterway).
Description of projects area and activity The project involves the development of a 20 lot subdivision. The current
design calls for the filling of 0.29 acres of wetlands and 241 linear feet of waters of the US.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number
Nationwide Permit Number 12 and 14
Special Conditions Attached
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application signed and dated July 28, 2005 and work plat drawings dated June 21, 2005. Any
violation of the attached conditions or deviation from your submitted plans may subject the permrttee to a stop work order, a
restoration order and /or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e, are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N C Division of Coastal Management at 910- 796 -7215
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits 4,
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver (910 -251 -4611) or Jennifer Frye (910- 251 -4923)
Corps Regulatory Official � £ Date September 9, 2005
Expiration Date of Verification March 18, 2007
Page 1 of 4

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area
This preliminary determination is not an appealable action under the Regulatory Program Adimmstrative Appeal Process
( Reference 33 CFR Part 33 1)
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification
® The jurisdictional areas within the above described project area have been identified under a previous action Please reference
jurisdictional determination issued March 28, 2005 Action ID 200400941
Basis of Jurisdictional Determination The sub►ect area exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and exhibits an Ordinary High Water Mark and is adiacent to Myrtle Grove Sound, a portion of the
Intracoastal Waterway, a navigable water of the US
Corps Regulatory Official 1;I' �( / [(
Date September 9, 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC, MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE
Copy Furnished
NCDENR -DWQ attn Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405
Page 2 of I

OCJ. 7.2005 9 :36AM USAED WILMINGTON NO.643 P.2
Special conditions:
Sea Breeze Subdivision
AID# 200400941
1. Upon completion of Sea Breeze $ ubdivision, all the remaining wetlands ( +/- 4.5 acres) within the
15.39 -acre tract, depicted on the survey plat sealed on August 29, 2005, originally verified on March 28, 2005,
shall be left in their natural or mitigated condition as described in the Subdivision Declarations. No person or
entity Shall frll, grade, oxcavate, or perform any other land disturbing activities; nor construct any structures, nor
any other agricultural use on such conservation area.
2. The approved declaration must be executed and recorded with New Hanover County Register of
Deeds prior to the selling of any lots within the subdivision. This record must i the de our verifiTile et land
survey depicting the location of all waters and wetlands within the boundary draft
declaration of covenants reviewed and approved by our Office of Counsel were dated as draft on August 30,
2005 with the associated plat sealed by Bradford Sedgewick on August 29, 2005.
3. TJie master declaration relating to wetlands within Sea Breeze cannot not be amended or modified
without the express written consent of the U.S. Army Corps of Engineers, Wilmington District,
4. The permittee shall mztice payment to the North Carolina Ecosystem Enhancement Program (NC EEP)
in the amount determined by the NC $.EP, sufficient to perform the restoration of 241 linear feet of rearm water
stream in the Cape Fear River Basin, Cataloging Unit 03030005. The mitigation will be performed in
accordance with the Memorandum of Understanding between th1 ,C Department of Environment and Natural
Resources and the U.S. Army Coifs of Engineers dated November
5, Construction within jurisdictional areas on the property shall begin only after the permittee has made
fWl payment to the NC REP and provided a copy of the payment documentation to the Corps.
Corps Regulatory Re to Official: , t _
Date: jo 0-t -1f
page 3 of 3
I!

Lot is 5ca breeze NWP Application 5�Cj1
Appendix G
NC Division of Water Resources 401 Certification
Issued 2005

a OF NNA Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E , Director
p Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
September 15, 2005
Steve Shuttleworth r ) !
Coastal Colorado Development, LLC
808 Carolina Beach Avenue North
Carolina Beach, NC 28428
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Seabreeze Sound Subdivision
DWQ Project # 051244
New Hanover County
Dear Mr Shuttleworth
You have our approval, in accordance with the attached conditions (WQC # 3374 and 3404) to
conduct the following activity located on your property off Seabreeze Road, in southern New Hanover
County This approval allows you to
1 Temporarily impact 90 linear feet of perennial steam for utility crossings
2 Fill 0 3 acre of wetlands for road crossings
3 Permanently impact 241' linear feet of perennial stream with piping and rip rap
This approval is only valid for the purpose and design that you described to your Preconstruction
Notice application received by the Division of Water Quality (DWQ) Wilmington regional Office
(WiRO) on July 26, 2005 and the revision and additional information received on September 2, 2005
After reviewing your application, we have determined that General Water Quality Certification
Number 3374 covers the temporary utility impacts and General Water Quality Certification Number
3404 covers the road crossing impacts These Certifications can also be found on line at
http //h2o enr state nc us /ncwetlands /certs html These Certifications allows you to use your 404
permits when the Corps of Engineers issues them 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 and Coastal
Stormy =,ater to addition, this approval will expire when the Wccomparying 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 certifications
and the additional conditions on the following page:
N C Division of Water Quality 127 Cardinal Drive Extension (910) 796 -7215 Customer Service
Wilmington Regional Office Wilmington, NC 28405 (910) 350 -2004 Fax [phone] One
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper NorthCarohna
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Page Two
Steve Shuttleworth
coastal Colorado Development, LLC
DWQ Project # 051244
September 15, 2005
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - construction 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
2 A copy of the recorded conservation easement along the project area is required and should
be sent to the Wilmington Regional Office at the address below This mechanism shall be put
in place within 30 days of the date of issuance of the 401 Certification letter or the issuance
of the 404 Permit (whichever is later)
3 Placement of culverts or 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 (See condition
# 11 in GC # 3404)
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
4010versight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Please notify this Office at the number listed below if any problem arises during the construction
of the project that may affect water quality
Please read the conditions of General Certifications 3374 and 3404 (enclosed). 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
This letter completes the review of the DWQ Permit #051244 under Section 401 of the Clean Water
Act If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910- 796 -7215
Sincere y,
Alan W Klimek, P E , Director
Division of Water Quality
Enclosures GC # 3374
GC # 3404
Certificate of Completion
cc Corps of Engineers Wilmington Field Office — Brad Shaver
401 Oversight/Express Review Permitting Unit — Ian McMillan
Southern Environmental Grou p —. Dana Lutheran v,
WiRO

Lot is 5ca breeze NWP Application S�GI
Appendix H
Lower Cape Fear Umbrella Mitigation Bank Reservation Letter

Lot 1 8 15ca Breeze NWP Application 5 r—Cj I
Appendix I
NC DENR Stormwater Permit
Issued 2005

W ATF p Michael F Easley, Governor
G William G Ross, Jr, Secretary
North Carolina Department of Environment and Natural Resources
>_
--I
Alan W Klimek, P E Director
Division of Water Quality
January 24, 2005
Mr. Steve Shuttlesworth, Partner
Colorado Coastal Development, LLC
808 Carolina Beach Road, Suite 3
Carolina Beach, NC 28428
Subject: Stormwater Permit No. SW8 041203
Sea Breeze Sound Subdivision
Low Density Subdivision Permit
New Hanover County
Dear Mr. Shuttlesworth•
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Sea Breeze Sound Subdivision on January 24, 2005. Staff review of the plans
and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H 1000. We are forwarding Permit No.
SW8 041203, dated January 24, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supersede any other agency
permit that may be required
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adtudicatory hearing upon written request within thirty (30) days
following receipt of this permit This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611 -7447. Unless such demands
are made this permit shall be final and binding. .
If you have- any questions, or need additional information concerning this matter, please
contact enner Christel Graham or me at (910) 395 -3900.
Sincerely,
rJ �
Ed ,Beck
Acting f�e ional Supervisor
Sutface,, ater Protection Section
ENB /clg: S. \WQS \STORMWAT\PERMIT \041203 jan05
cc Brad Sedgwick, PE, JBS Consulting
New Hanover County Inspections
Beth E Wetherill, New Hanover County Engineering
Christel Graham
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel- 877.823 -6748
Wilmington Regional Office Wilmington, NC 28405 -3845 FAX [phone] Internet h2o enr state nc us
An Equal Opportunity/Affirmative Action Employer - 500% Recycled /10% Post Consumer Paper
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State Stormwater Management Systems
Permit No SW8 041203
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Steve Shuttlesworth, Colorado Coastal Development, LLC
Sea Breeze Sound Subdivision
New Hanover County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules ") and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations,
1. DESIGN STANDARDS
Each of the 36 lots is limited to a maximum of 3021 square feet of built -upon
area, as indicated in the approved plans CAMA regulations may reduce the
allowable built -upon area for those lots within the AEC.
2 The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 25% per the requirements of Section 1005 of the stormwater
rules
3. Approved plans and specifications for projects cove"reciby this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
5 The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3.1 (H-V) as defined in the
stormwater rules and approved by the Division.
6 All roof drains must terminate at least 30' from the mean high water mark
II. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built -upon surface
Page 2 of 5

Lot 18 jea breeze NWP Application 5 LV I 5f�
Appendix J
New Hanover County G1S Flood Map

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