20041240 Ver 1_COMPLETE FILE_20040728

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?QF W AT X90 Michael F. Easley, Governor-
?4 G William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 17, 2005
Mr. Cameron Smith
C.L. Smith Construction
1704 Southport Supply Road
Bolivia, NC 28422
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Leonard Street Site
DWQ Project # 041240
Brunswick County
Dear Mr. Smith:
Please replace this 401 Water Quality Certification with the certification issued to you on January 3,
2005. You have our approval, in accordance with the attached conditions (WQC #3404), to do the
following activity at your property located off Leonard Street in Southport, Brunswick County. This
approval allows you to:
1. Fill a total of 0.33 acres of Section 404 Wetlands for the purpose of constructing three road
crossings to provide access to the proposed multi-family residential upland development. This
includes 0.275 acres of fill previously permitted under a NWP 26 (0.25 acres of fill existing and
0.025 acres of fill proposed) and 0.055 acres of fill for wetland impacts 1 and 2 as shown on the
proposed site plan.
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 July 28, 2004,
requested information received on December 22, 2004, and additional information received on January
14, 2005. After reviewing your application, we have determined that General Water Quality Certification
Number 3404 covers this activity. 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:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
;Vahmallry
C.L. Smith Construction
DWQ Project #041240
March 17, 2005
2
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/newetlands/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.
This letter completes the review of the DWQ Permit # 041240. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,
? L- ,, ? -/ -3 ,J,
Attachments: WQC # 3404
Certificate of Completion
Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Tom Farrell, Corps of Engineers Wilmington Field Office
Cyndi Karoly, 401 Oversite Unit
Noelle Lutheran, WiRO
Kim Williams, Land Management Group
RR@R20WRP
MM 2 2 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
It
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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 26 .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 2B .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 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, 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.
IV
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;
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), 26 .0213 (WS-II),
21B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
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.
`r
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-II 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;
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;
1(
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
I, , 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.
F WATF? Michael F. Easley, Governor
G? QP William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
4 Division of Water Quality
Coleen H. Sullins, Depputy Director
Division of Water Quality
January 3, 2005 D
Mr. Cameron Smith JAN 0 7 2005
C.L. Smith Construction
?alR TER QUALITY
1704 Southport Supply Road WA S;CRIANATERBRANCH
Bolivia, NC 28422
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Leonard Street Site
DWQ Project # 041240
Brunswick County
Dear Mr. Smith:
You have our approval, in accordance with the attached conditions (WQC #3404), to do the following
activity at your property located off Leonard Street in Southport, Brunswick County. This approval
allows you to:
1. Fill 0.055 acres of Section 404 Wetlands for the purpose of constructing a road to provide access
to the proposed multi-family 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 July 28, 2004, and
final requested information received on December 22, 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] One
An Equal Opporlunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NorthCarolina
Natzmally,
Page Two
Mr. Cameron Smith
C.L. Smith Construction
DWQ Project # 041240
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. Cameron Smith
C.L. Smith Construction
DWQ Project # 041240
January 3, 2005
This letter completes the review of the DWQ Permit # 0401240. If you have any questions,
please telephone Noelle Lutheran at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E.
1 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
Kim Williams - 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 2B .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 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, 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), 2B .0213 (WS-II),
2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
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-I and WS-II 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:
Engineer's Certification
Partial Final
Date:
I, , 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.
o wnd 640192 V one.
a1 leloniffm7l" DECEIVED
9041(l//6 Jox 2522 S E P 2 9 2004
Wilmiy%e6i, Jod li. Waidiina 284502
BY:
&ekAkme: 910-452-000,1
Blain /ice:
guile 95
Julomnney Xu"wh //sue 964
3805 WwkA1jv le,4ve~
Wi adxyAn, W28403
September 27, 2004
TO: Mr. Tom Farrell
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Leonard Street Site; Southport; Brunswick County, NC
Action ID# 200401100
Dear Tom:
%3ticr?acla C?'P2ee:
(/l &x,1,120
504 wua" Y"'(
,Arm&, "27954
M&m: 252-473-3/,100
Thank you for your letter dated August 18, 2004, in which you request additional
information regarding the Leonard Street project. Below is a response to each of your concerns.
1. I have enclosed plan views (Figures 5 & 6) and cross sections (Figures 7 & 8) of the
individual impact areas that show dimensions of the impacts.
2. In order to mitigate for proposed wetland impacts, the applicant would like to buy into the
EEP to restore 0.25 acre of non riparian wetlands (EEP authorization letter enclosed).
Because proposed impacts are 0.055 acre, this would be a 4.5:1 restoration to impact
ratio. In addition, Mr. Smith agrees to preserve all remaining non-impacted wetlands on
his property (- 21.4 acres).
3. The owner of this property is Mr. Cameron Smith. Mr. Smith recently sold a section of the
northeastern corner of the tract to Carillon Assisted Living. The proposed development
within this parcel has been removed from Figure 4. The lots along Jabbertown Road are
not a part of this development and are not owned by Mr. Smith. A more distinct tract
boundary is now shown on Figure 4.
Please contact me if you have any additional questions. Thank you for your assistance
with this project.
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cameron Smith Construction
Project Number 04 1240
Recvd From APP
Received Date 7/29/04
Recvd By Region
County Brunswick
County2
Region Wilmington
Project Type residential SID
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 forested OO Y ©N F__ 18-88-3 SC Sw 30,617. 0.06
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 33.56.25 Longitude (ddmmss) 78.00.42
Comments:
This office has no objection to the project as proposed. Information was received on September 29,
2004, and December 22, 2004. The applicant is required to meet all conditions of GC 3404 and the
additional conditions listed in the written 401 WOG,
cc: Regional Office
Central Office Page Number 1
&H'
doi Offim "&x 2522
VmMh to 28402
JekAone: 9-10-452-00011
/lain 6///tee:
9aik 45
-9ownee Aa" /J?ice ?a/t?c
3805 ?2i?itrillePrttce
August 6, 2004
TO: Mr. John Dorney
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Leonard Street Site; Southport
DWQ#: 04-1240
Brunswick County, NC
Dear John:
WETLANDS 1401 GROUP
AUG 1 0 2004
WATER QUALITY SECTION
zwzch ?J/v:
7420
504 Wuafan 91fieel
,44wd,,q, M27954
YAone: 252-473-3/00
I received your letter dated August 3, 2004 in which you request additional information
regarding the above-referenced project. Per my phone conversation with Ms. Noelle Lutheran on
August 6, 2004, I plan to wait to respond to your letter until after she has reviewed the
application and has made comments as well. Therefore, please continue to keep this application
on hold until I receive Noelle's comments.
Thank you for your assistance with this project.
Sincerely,
vv?- PJ"-
Kim Williams
Wetland Scientist
Cc: Mr. Cameron Smith
?
NCDENR
North Carolina Department of Environment and Natural
Michael F. Easley, Governor
Division of Water Quality
August 3, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Cameron Smith
C. L. Smith Construction
1704 Southport Supply Road
Bolivia, NC 28422
Subject Property: Leonard Street, Southport
REQUEST FOR MORE INFORMATION
Resources
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1240
Brunswick County
Dear Mr. Smith:
On July 28, 2004, the Division of Water Quality (DWQ) received your application dated July 26, 2004 to impact
0.055 acres of wetlands to construct the proposed subdivision. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. `,The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we
receive this additional information. Please provide the following information so that we may continue to review
your project.
Additional Information Requested:
1. Stormwater
Please provide information to demonstrate that the stormwater discharge into wetlands will occur at non-
erosive velocities.
Please respond within three weeks of the date of this letter by sending this information to me in writing and Noelle
Lutheran of the DWQ Wilmington Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the
DWQ. Please call Nicole Thomson or Mr. John Dorney at 919-733-1786 if you have any questions regarding or
would like to set up a meeting to discuss this matter.
SincerelyDr,(
n Dorney,
Q, Wetlands / 401 U t
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 7, 7
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Noi thCarolina
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.ne.us/ncwetiands ;Vatumliff
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
C. L. Smith Construction
Page 2 of 2
August 3, 2004
JRD/bs
cc: Noelle Lutheran, DWQ Wilmington Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Kim Williams, Land Management Group. Post Office Box 2522, Wilmington, NC 28402
Filename: 04-1240 - Cameron Smith Construction (Brunswick) On Hold

Yod 61'1we G 2522
Wdii n?,, +oA &Mlina 28402
Jere: 940-452- 0004
'ffa in C)r":
yfwk 45
6 X4," i 0)#,e A4
3805 *WkAAVW a eats
0)UMM /2, 2840,E July 26, 2004
TO: Ms. Noelle Lutheran
Division of Water Quality
.127 Cardinal Drive Extension
Wilmington, NC 28405
WETLANDS 1401 GROUP
JUL 2 8 2004
WATER QUALITY SECTION
Xw'" 61M'e:
9. e & 4420
504 wua an Shea
a4wW,ea, "27955
Awne: 252-47.3-34500
RE: 401 Water Quality Certification Application for the Leonard Street Site; Southport
Brunswick County, NC
Dear Noelle: 0 12`4 0
Enclosed is a 401 Water Quality Certification application for your review. This application
is submitted on behalf of Mr. Cameron Smith for a 68.3-acre tract located in Southport, NC. The
applicant is proposing to build a single-family and multi-family residential subdivision within the
site. Although he has attempted to minimize impacts through careful site design, the construction
of a road will result in 0.055 acre of wetland impacts.
The Pre-Construction Notification form, associated maps, wetland survey, and site plan
are enclosed for your review. Please contact me if you have any questions. Thank you for your
assistance with this project.
Sincerely,
Kim -Williams
Wetland Scientist
Encl.
Cc: Mr. Cameron Smith
Mr. John Dorney, DWQ
1)
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.041240
(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; GC3404
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 farther details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Mr. Cameron Smith
Mailing Address: C.L. Smith Construction
1704 Southport Supply Rd.
Bolivia NC 28422
Telephone Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliams@lmgroup net
Fax Number: [phone]
Page 5of12
M. 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.
Name of project: Leonard Street Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIl`,):
4. Location
County: 'Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 87 S towards
Southport.Turn left onto Jabbertown Rd. Turn left onto Leonard St. Site is on left (see
vicinity map)
5. Site coordinates, if available (UTM or Lat/Long): 33.9403° N 78.0117° W
(Note - If project is linear,. such as a road or utility line, attach a sheet that separately lists he
coordinates for each crossing of a distinct water'body.)
6. Property size (acres): 68.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Price 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/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is undeveloped. Adjacent land use is undeveloped
or residential
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
The applicant proposes to construct a single-family and multi-family residential subdivision
within the site. The northernmost road will be constructed first to allow construction access
to the property. A temporary entranceway will be constructed in order to provide
construction access to the site Site preparation and construction of the subdivision will
follow. Silt fences will be installed around adjacent wetlands prior to construction activities.
11. Explain the purpose of the proposed work: To provide access to a proposed residential
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.
Land Management Group Inc delineated 404 wetlands in 2001. Mr. Alan Davis of the USACE
approved the delineation on June 27, 2001 1- 2001, the former owner of the tract from which
this site was subdivided Mr. Tom Young,, obtained a NWP 14 for a wetlandcrossing
(approximately 0.33 acre of fill) within this tract (Action ID# 200100956). In June of 2004,
Carillon Assisted Living obtained a NWP 1.4 for 0.02 acre of wetland impacts for a DOT ROW
crossing (Action ID#200400891. 401 still pending)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide. justification for the exclusion of this work from the current application.
No additional wetland impacts are anticipated on this parcel
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:
The applicant proposes to impact approximately 0.055 acre of 404 wetlands.
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 0.050 yes 500 Forested
2 fill 0.005 yes 500 Forested.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 hgp://www.fetna.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: 22.62 acre
Total area of wetland impact proposed: 0.055 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* 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 wa11, 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 internet sites also allow direct download and printing of USGS maps (e.g., vmw.tonozone.com,
uvrv.mapguest.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
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g.,- dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering; irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be usefill to provide
information related to site constraints such as topography, building ordinances, accessibili?y, 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.
Almost half of this tract is wetlands and the designers took great care to avoid these wetlands
when developing the site planHowever the applicant needed to provide a direct route from
Leonard Street to the northern part of the property. This road will only impact the very tips of
two wetland fingers
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NC vVRP 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://b2o.enr.state.nc.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 (qpproximately 22.2 acres will be preserved in perpetuity.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NC w'RW). Please note it is the applicant's responsibility to contact the NCWP.P at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCINT. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/in.dex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If -yes, has the document review been finalized by the State Clearinghouse. If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local. buffers associated with the project. The -applicant must also provide
justification for these impacts in Section VII above. All proposed irr1pacts 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
(s ware feet) Multiplier Required
Mitigation
1
2
Total
* Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone z 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 is no existinngimpervious cover within this site except for a small dirt road that extends
from Leonard Street to uplands within the southern part of the tract. Total proposed impervious
cover will consist of the multi-family buildings single family homes roadways, and associated
parking, which will be approximately 17 acres or 24.8% of the tract. The applicant will install
silt fencing around the construction area to reduce erosion into wetland areas. All required
stormwater rep lations will be followed
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 a-vailable-capacity of the subject facility.
The facility will tie into Southport's sewer system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No Z
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).

_fo?'1, /°
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Leonard Street Site
Mr. Cameron Smith
Brunswick County, NC
NWP 14 Application
- SITE

SCALE 1" = 2.4 miles
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2004
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Leonard Street Site
Mr. Cameron Smith
Brunswick County, NC
NWP 14 Application
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2004
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---- i ..................
• FROM : C. L. Sm.i th Construction
Sett 8y; LAND MANACEUENT;
FAX NO. :9102530066 Jun. 18 2004 03:46PM P3
9.0 452 dd6C ?
?Un 19 04 4B;M;
Page 4/4
4; 'Y ?•
Cx +
>R:
DISCL€3ivME FORM
TO VaTOM IT
Vwt, the undcrai
preparation and
Strcct tract in Br
to Land Mamgc.
hereby
County,.
ttt9, lnc .
re Land Manage=nt Group, Inc. to art as our agvv, ir, the
rmarion related to the permit appLcetion for the Leonard
.1411 questions in regards to this project should be directed
Sincerely,
qy. OWLrt'rfA]?11CRllf
Date

???'U/2 v C?JCVZ?u222%i'/iLEI
Ad Office &x 2522
1odA Vaicd 281502
3W' VVww: 910- 552- 0007
'li&in ?//flm:
Suite 75
jo)owney Ai"" qp~ ?a
3805 Wei iLLe v&~
O)Wndny", "284503 July 26, 2004
TO: Ms. Noelle Lutheran ® 4 q Division of Water Quality 12'40
127 Cardinal Drive Extension
Wilmington, NC 28405
YAancA 01)4e;
Y. to x1-120
505 Vma&n 9I&W
4&ntea, ff27954
Yl, wme: 252-473-3400
RE: 401 Water Quality Certification Application for the Leonard Street Site; Southport
Brunswick County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application
is submitted on behalf of Mr. Cameron Smith for a 68.3-acre tract located in Southport, NC. The
applicant is proposing to build a single-family and multi-family residential subdivision within the
site. Although he has attempted to minimize impacts through careful site design, the construction
of a road will result in 0.055 acre of wetland impacts.
The Pre-Construction Notification form, associated maps, wetland survey, and site plan
are enclosed for your review. Please contact me if you have any questions. Thank you for your
assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
WETLANDS 1401 GR`nl.]p
JUL 2 8 2004
WATER QUALITY SECTION
Cc: Mr. Cameron Smith
Mr. John Dorney, DWQ
r
Office Use Only: 24 Q Form Version May 2002
041
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L 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; GC3404
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
Owner/Applicant Information
Name: Mr. Cameron Smith
Mailing Address: C.L. Smith Construction
1704 Southport Supply Rd.
Bolivia. NC 28422
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsgImgroup.net
Page 5of12
r
M. 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: Leonard Street Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification N amber (Tax PIN):
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 87 S towards
Southport.Turn left onto Jabbertown Rd. Turn left onto Leonard St. Site is on left (see
vicinity map)
5. Site coordinates, if available (UTM or Lat/Long): 33.9403° N 78.0117° W
(Note - Ifproject 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): 68.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Price 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: This site is undeveloped. Adjacent land use is undeveloped
or residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page6of 12
The Wlicant proposes to construct a single-family and multi-family residential subdivision
within the site. The northernmost road will be constructed first to allow construction access
to the property. A temporary entranceway will be constructed in order to provide
construction access to the site Site preparation and construction of the subdivision will
follow. Silt fences will be installed around adjacent wetlands prior to construction activities.
11. Explain the purpose of the proposed work: To provide access to a proposed residential
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.
Land Management Group Inc delineated 404 wetlands in 2001. Mr. Alan Davis of the USACE
,proved the delineation on June 27, 2001. In 2001, the former owner of + -tract u om which
this site was subdivided Mr. Tom Young obtained a NWP 14 for a wetland crossing
(approximately 0.33 acre of fill) within this tract (Action ID# 200100956). In June of 2004,
Carillon Assisted Living obtained a NWP 14 for 0 02 acre of wetland impacts for a DOT ROW
crossing (Action ID#200400891. 401 still pending
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 triis work from the current application.
No additional wetland impacts are anticipated on this parcel
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:
The applicant proposes to impact approximately 0.055 acre of 404 wetlands.
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 0.050 yes 500 Forested
2 fill 0.005 yes 500 Forested.

* 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:Hwww.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: 22.62 acre
Total area of wetland impact proposed: 0.055 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* 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
u-u*w.usgs.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., w)xnv.tovozone.com,
?Arww.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
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embanlatnent, 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
ar?d
information related to site constraints such as topography, building ordinances, accessibility,
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.
Almost half of this tract is wetlands and the designers took great care to avoid these wetlands
when developing the site planHowever the applicant needed to provide a direct route from
Leonard Street to the northern part of the property. This road will only impact the very tips of
two wetland fingers
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in" determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
hLtp://h2o.enr.state.nc.us/ncwetlands/strm,-ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, inebuding;-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 (approximately 22.2 acres will be preserved in perpetuity.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
ccm ? ?....1- ?- (?TTJD
Program (NC w 1cP). Pease note it is the applicant's responsibility to contact she NC' . ?`. 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.ne.us/M/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), I5A 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
4D 0
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
.1
2
Total
* Zone 1 extends out 30 feet perpendicular trom near bank of channel; Lone 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 is no existing impervious cover within this site except for a small dirt road that extends
from Leonard Street to uplands within the southern part of the tract. Total proposed impervious
cover will consist of the multi-family buildings single family homes, roadways, and associated
parking which will be approximately 17 acres or 24.8% of the tract. The applicant will install
silt fencing around the construction area to reduce erosion into wetland areas. All required
stormwater regulations will be followed.
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 a-vailable-capacity of the subject facility.
The facility will tie into Southport's sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No Z
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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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Leonard Street Site Land Management Group, Inc.
Cameron Smith
Mr
.
Brunswick County
NC Environmental Consultants
Figure 1. Vicinity map.
, Wilmington, N.C.
NWP 14 Application July 2004
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Leonard Street Site Land Management Group, Inc.
Mr. Cameron Smith Environmental consunai?t Figure 3. SCS soil survey for
Brunswick County, NC Wilmington, N.C. Brunswick County.
NWP 14 Application July 2004

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FROM :C.L. Smith Construction
Sent By; LAND NANACEMeUT;
FAX NO. :9102530066 Jun. ie 2004 03:46PM P3
910 452 Ono
u11i1-
Peg 4/4
DISCLOSU-mC FoRm
TO WITOM IT
I/we, the undersi,gm
preparation and rep
street tract in bruit:
to Ladd Manage=.
MN
hereby
County,.
Im inc:.
Land Manage=nt Cxroup, Im. to act as our agem in the
nation related to the permit application for the Loonard
All questions in regards to this project should be directed
Sincerely,
CTwrtier/?ppiirant
Date
. t.

Y
<'RIn??L? V/?? V/W•
Yobl 61fim &x 2522
Wilm iny", oWA Vasa h w 28402
44,Wn 611,&e:
9dk -J5
-QaWnney '0&'In'A ell" _'Va4
3805 W2a ilte ,dwn w
9/%/NWHYAn, "28403 July 26, 2004
TO: Ms. Noelle Lutheran 4124 G
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
w
h G?1lwe:
& J420
504 vwa," 91hew
44n&o, AW 27954
9Aiane: 252-473-,?4o0
RE: 401 Water Quality Certification Application for the Leonard Street Site; Southport
Brunswick County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application
is submitted on behalf of Mr. Cameron Smith for a 68.3-acre tract located in Southport, NC. The
applicant is proposing to build a single-family and multi-family residential subdivision within the
site. Although he has attempted to minimize impacts through careful site design, the construction
of a road will result in 0.055 acre of wetland impacts.
The Pre-Construction Notification form, associated maps, wetland survey, and site plan
are enclosed for your review. Please contact me if you have any questions. Thank you for your
assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
WETLANDS/ 401 CROUP
JUL 2 g 2004
WATER QUALITY SECTION
Cc: Mr. Cameron Smith
Mr. John Dormey, DWQ
T
Office Use Only: 0 4 124 0Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Apphcable" 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; GC3404
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: Mr. Cameron Smith
Mailing Address: C.L. Smith Construction
1704 Southport Su?piy Rd.
Bolivia NC 28422
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsgImgroup.net
Page 5of12

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: Leonard Street Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):_
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 87 S towards
SouthportTurn left onto Jabbertown Rd Turn left onto Leonard St. Site is on left (see.
vicinity map)
5. Site coordinates, if available (UTM or Lat/Long): 33.9403° N 78.0117° W
(Note - If project is linear,, such as a road or utility 1ir?e, attach a sheet that separately listse
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 68.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Price Creek
8. River Basin: Cape Fear River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
s/.)
River Basin map is available athtlp://h2o.enr.state.nc.us/admin/ma-p
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is undeveloped. Adjacent land use is undeveloped
or residential
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
The applicant proposes to construct a single-family and multi-family residential subdivision
within the site. The northernmost road will be constructed first to allow construction access
to the property. A temporary entranceway will be constructed in order to provide
construction access to the site Site preparation and construction of the subdivision will
follow. Silt fences will be installed around adjacent wetlands prior to construction activities.
11. Explain the purpose of the proposed work: To provide access to a proposed residential
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.
Land Management Group Inc delineated 404 wetlands in 2001. Mr. Alan Davis of the USACE
approved the delineation on June 27, 2001. In 2001, the former owner of the tract from which
this site was subdivided Mr. Tom Young, obtained a NWP 14 for a wetland crossing
(approximately 0.33 acre of fill) within this tract (Action ID# 200100956). In June of 2004,
Carillon Assisted Living obtained a N1' )AT 14 for 0.02. acre of wetland impacts for a DOT ROW
crossing (Action ID#200400891. 401 still pending).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide Justification for the exehasion of this work fi'olu the current application.
No additional wetland impacts are anticipated on this parcel
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:
The applicant proposes to impact approximately 0 055 acre of 404 wetlands.
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 0.050 yes 500 Forested
2 fill 0.005 yes 500 Forested.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cieanng, grading, nu,
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 (deterirination of isolation to be made by USACE only). -
List the total acreage (estimated)` of all existing wetlands on the property: 22.62 acre
Total area of wetland impact proposed: 0.055 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: cutverns 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
u-Arw.usgmaov. 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
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: tilt, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g.; dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe ineasmres 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.
Almost half of this tract is wetlands and the designers took great care to avoid these wetlands
when developing the site plan However, the applicant needed to provide a direct route from
Leonard Street to the northern part of the property. This road will only impact the very tips of
two wetland fingers.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.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 (proximately 22.2 acres) will be preserved in perpetuity.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NO RP). Please note it is the applicant's responsibility to contact the NCv.'RP 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/in.dex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), I5A 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 trom near nanK of cnannei; zone /- exienas 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
I
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 is no existing impervious cover within this site except for a small dirt road that extends
from Leonard Street to uplands within the southern part of the tract. Total proposed impervious
cover will consist of the multi-family buildings single family homes roadways, and associated
parking which will be approximately 17 acres or 24.8% of the tract. The applicant will install
silt fencing around the construction area to reduce erosion into wetland areas. All required
stormwater regulations will be followed
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 a-vailable-.capacity of the subject facility.
The facility will tie into Southport's sewer system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No Z
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).

Applicant/Agent's Signature Bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Leonard Street Site
Mr. Cameron Smith
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NWP 14 Application
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- - - ---------
FROM :C.L. Smith Construction
neat BY, LAND MANAGEMENT;
FAX NO. :9102530066 Jun. 18 2004 03:46PM P3
e10 462 0060
dBFpR; Page 4/4
i?
L, t
')ISC'r SURE FORM
TO WHOM TT
Fwe, the unders
preparation and
Strect tract in B.
to Ladd Manavc
hereby
ick County,,
Grouts, frfe.
Land M&We=nt Group, Inc. to act as our ageti. lathe
station related to the permit application for tbe t.eonard
All questions in regards to this project should be directed
:v
44
r.
;V
is fi•'
0wrver/Applicant
Date

11-1 z
?'? ?oa26??Ua?ZI
Ad ?? fox 2522 VVETLANDS / 401 GROtip
Wdmb7 ,, oA Vaad"a 28402 JUL 2 8 2004
970-452-000 WATER (QUALITY SECTION
?Ll ;n e:
guile -J5 Y. C boa 11720
?ouvnPia? V4"'h ?/J? tea/ c 505 Vwaan 9leeel
3805 WIukA wi& _dve ~ -7!&,Weo, "27954
wiles i?ff"' "28403 July 26, 2004 ???: 252-X573-3 00
TO: Ms. Noelle Lutheran 041240
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Water Quality Certification Application for the Leonard Street Site; Southport
Brunswick County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application
is submitted on behalf of Mr. Cameron Smith for a 68.3-acre tract located in Southport, NC. The
applicant is proposing to build a single-family and multi-family residential subdivision within the
site. Although he has attempted to minimize impacts through careful site design, the construction
of a road will result in 0.055 acre of wetland impacts.
The Pre-Construction Notification form, associated maps, wetland survey, and site plan
are enclosed for your review. Please contact me if you have any questions. Thank you for your
assistance with this project.
Sincerely,
?? ?'A?
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Cameron Smith
Mr. John Dorney, DWQ

Office Use Only: 0412-46 rm Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
Check all'of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
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: ?
Applicant Information
1. Owner/Applicant Information
Name: Mr. Cameron Smith
Mailing Address: C.L. Smith Construction
1704 Southport Supply Rd.
Bolivia NC 28422
Telephone Number: [phone]
E-mail Address:
Fax Number: [phone]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsga Inigroup.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: Leonard Street Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):_
3. Property Identification Num. ber (Tax PIN):
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 87 S towards
Southport.Turn left onto Jabbertown Rd. Turn left onto Leonard St. Site is on left (see
vicinity map).
5. Site coordinates, if available (UTM or Lat/Long): 33.9403° N 78.0117° W
(Note - If project is linear,, such as a road or utlllty lime, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 68.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake):
Price 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: This site is undeveloped. Adjacent land use is undeveloped
or residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
The applicant proposes to construct a single-family and multi-family residential subdivision
within the site. The northernmost road will be constructed first to allow construction access
to the property. A temporary entranceway will be constructed in order to provide
construction access to the site Site preparation and construction of the subdivision will
follow. Silt fences will be installed around adjacent wetlands prior to construction activities.
11. Explain the purpose of the proposed work: To provide access to a proposed residential
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.
Land Management Group Inc delineated 404 wetlands in 2001. Mr: Alan Davis of the USACE
improved the delineation on June 27, 2001. In 2001, the former owner of the tract from which
this site was subdivided Mr Tom Young obtained a NWP 14 for a wetland crossing
(approximately 0.33 acre of fill) within this tract (Action ID# 200100956). In June of 2004,
Carillon Assisted Living obtained a NWP 14 for 0.02 acre of wetland impacts for a DOT ROW
crossing (Action ID#200400891. 401 still pending)
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 tli-i work uom the current application.
No additional wetland impacts are anticipated on this parcel
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:
The applicant proposes to impact approximately 0.055 acre of 404 wetlands.
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 0.050 yes 500 Forested
2 fill 0.005 yes 500 Forested.

* 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: 22.62 acre
Total area of wetland impact proposed: 0.055 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* 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
v-A,w_usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
w ww.mmquest.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
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embank_ment, 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 proiect. 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.
Almost half of this tract is wetlands and the designers took great care to avoid these wetlands
when developing the site plan However, the Wlicant needed to provide a direct route from
Leonard Street to the northern part of the property. This road will only impact the very tips of
two wetland fingers
VIII., Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NC`v-W 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/nowetlands/strmgide.httnl.
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 (approximately 22.2 acres will be preserved in perpetuity.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCw ERP ?T'lt1 T). , P • cant's ?: contact the t the NC D
11 Please note it is the app" responsib-' to ,?. ? IT at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PONT. For add.±ional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/.ndex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):_
Amount of Non-riparian wetland mitigation requested (acres
Amount of Coastal wetland mitigation requested (acres):_
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the. applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify,)?
Yes ? No ® If you answered "yes", provide the following information:
identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1
2
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Lone z extenas 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.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within this site except for a small dirt road that extends
from Leonard Street to uplands within the southern part of the tract. Total proposed impervious
cover will consist of the multi-family buildings single family homes, roadways, and associated
parking which will be approximately 17 acres or 24.8% of the tract. The applicant will install
silt fencing around the construction area to reduce erosion into wetland areas. All required
stormwater regulations will be followed.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available-.capacity of the subject facility.
The facility will tie into Southport's sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No r;J
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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Leonard Street Site Land Management Group, Inc.
Mr. Cameron Smith Environmentat consultants
Brunswick County, NC Wilmington, N.C. Figure 1. Vicinity map.
NWP 14 Application July 2004
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Leonard Street Site
Mr. Cameron Smith
Brunswick County, NC
NWP 14 Application
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2004

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FRbM :C.L. Smith Construction
ne!lt BY, LAND MANAGEMENT;
FAX NO. :9102530066 Jun. 18 2004 03:46PM P3
0410 462 0060
i ,;un-19-Od ?:dBFp4; Page 4/4

DISCLOPSLxE Fein!
TO 'V?tFOM IT
I/we, the undersi a hereby and
preparation and r utation of 1
Street trAct in B ck County,
to Land Manage= Group, Inc.
Land Mome=nt Group, Inc. to act as our agetrt in the
mration related to the permit application for the Leonard
All questions to regards to this project should be directcd
sincerely,
Owr er/Applic ant ?'
/ 40
Date

&" '
ga&l 01? 2522
Wdmbty", 41odA Vamp 28502
Jek?: 940- 452- 0007
a" 0116:
J",ite 95
_qam wy A ncA Tice Y"'d
3805 ?2ar?i?i?e ?rvP?ruse
"28403
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
July 26, 2004
00240
WETLANDS / 401 GROUP
JUL 2 8 2004
WATER QUALITY SECTION
Xww,rIA 61 ZCe:
Y. 6 36ox 11,120
,504 VU&4wt 9'hed
l ea, W27954
Awne: 252-4573-3400
RE: 401 Water Quality Certification Application for the Leonard Street Site; Southport
Brunswick County, NC
Dear Noelle:
Enclosed is a401 Water Quality Certification application for your review. This application
is submitted on behalf of Mr. Cameron Smith for a 68.3-acre tract located in Southport, NC. The
applicant is proposing to build a single-family and multi family residential subdivision within the
site. Although he has attempted to minimize impacts through careful site design, the construction
of a road will result in 0.055 acre of wetland impacts.
The Pre-Construction Notification form, associated maps, wetland survey, and site plan
are enclosed for your review. Please contact me if you have any questions. Thank you for your
assistance with this project.
Sincerely, ' A
Kim Williams
Wetland Scientist
EncL
Cc: Mr. Cameron Smith
Mr. John Dorney, DWQ

Office Use Only: p4 Form Version May 2002
'?24 0
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification.
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
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
Owner/Applicant Information
Name: Mr. Cameron Smith
Mailing Address: C.L. Smith Construction
1704 Southport Supply Rd.
Bolivia. NC 28422
Telephone Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington ITC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsglmgroLip net
Fax Number: [phone]
Page 5of12
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: Leonard Street Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 87 S towards
SouthportTurn left onto Jabbertown Rd. Turn left onto Leonard St. Site is on left (see
vicinity map)
5. Site coordinates, if available (UTM or Lat/Long): 33.9403° N 78.0117° W
(Note - 1f project is linear," such as a road or utility line, attach a sheet the, separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 68.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Price 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: This site is undeveloped. Adjacent land use is undeveloped
or residential
10. Describe the overall project in detail, including the type of equipment to be used:
Page6of 12
The applicant proposes to construct a single-family and multi-family residential subdivision
within the site. The northernmost road will be constructed first to allow construction access
to the property. A temporary entranceway will be constructed in order to provide
construction access to the site Site preparation and construction of the subdivision will
follow. Silt fences will be installed around adjacent wetlands prior to construction activities.
11. Explain the purpose of the proposed work: To provide access to a proposed residential
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.
Land Management Group Inc delineated 404 wetlands in 2001. Mr. Alan Davis of the USACE
approved the delineation on June 27, 2001. In 2001, the former owner of the tract from-which
this site was subdivided Mr. Tom Young obtained a NWP 14 for a wetland crossing
(approximately 0.33 acre of fill) within this tract (Action ID# 200100956). In June of 2004,
Carillon Assisted Living obtained a NWP 14 for 0.02 acre of wetland impacts for a DOT ROW
crossing (Action ID#200400891. 401 still pending)
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 ofthis work from the current application.
No additional wetland impacts are anticipated on this parcel
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:
The applicant proposes to impact approximately 0.055 acre of 404 wetlands.
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**
ves/no) Distance to ,
Nearest Stream
(linear feet
Type of Wetland***
1 fill 0.050 yes 500 Forested
2 fill 0.005 yes 500 Forested.

L

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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,
C arolina 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: 22.62 acre
Total area of wetland impact proposed: 0.055 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* 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 internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
-zmnv.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
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be usefizl to provide
information related to site constraints such as topography, building ordinances, access, U.111 LY, Lulu
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.
Almost half of this tract is wetlands and the designers took great care to avoid these wetlands
when developing the site plan However, the applicant needed to provide a direct route from
Leonard Street to the northern part of the property. This road will only impact the ver:Lips of
two wetland fingers
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Pa,ge 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strrngide.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 (approximately 22.2 acres) will be preserved in perpetuity.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (IvC)VacP). Please note it is the applicarit s responsibility to contact he NO,VTRP at,
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a POINT. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.n.c.us/wM/in.dex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in-Section-VII above. All proposed impacts mast be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
identify the square feet and acreage of impact to each zone of fhe 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 is no existing impervious cover within this site except for a small dirt road that extends
from Leonard Street to uplands within the southern dart of the tract Total proposed impervious
cover will consist of the multi-family buildings single family homes, roadways, and associated
parking which will be approximately 17 acres or 24.8% of the tract. The applicant will install
silt fencing around the construction area to reduce erosion into wetland areas. All required
stormwater regulations will be followed.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available-capacity of the subject facility.
The facility will tie into Southport's sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No Z
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
IVJ
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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NWP 14 Application July 2004
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NWP 14 Application July 2004

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• FROM :C.L. Smith Construction
bent Ey; LAND MANAOF4V;
TO WHOM IT
Uwe, the under
preparation and
Street tract in B
to Laud Maaag<
FAX NO. :9102530066 Jun. 18 2004 03:46PM P3
e10 462 006c i gun 19.?b ?•
?.4BFM; Page 4/4
Y'
:X

DISCLOSLxG FORM
Land Mawe=nt Group, Inc. to act as our agem in the
ation Mated to the permit application for the 1,oonard
All questions in regards to this project should be directad
hereby
ick County,
Grouts, W.
Simerely,
- CDumer/A]?iicant M
Date
414-
9?zn l &ou fG,, Jne.
Ad 11we max 2522
Wilco in?, ,AoWA Va/t h w 284,02
9e?e?: 970-452-0001
?oite ?5
?aumnPr? ?zaireclZ G/?? ?a?C
3805 *1ukA ,4v&n,,e
owld'd'ykn, "284503
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
July 26, 2004
o4l 4Q
xwj" OAe:
Y. 6 max 1420
504 wiaa&w 9&W
a&w&o, W27954
gliiane: 252-473-3400
RE: 401 Water Quality Certification Application for the Leonard Street Site; Southport
Brunswick County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application
is submitted on behalf of Mr. Cameron Smith for a 68.3-acre tract located in Southport, NC. The
applicant is proposing to build a single-family and multi family residential subdivision within the
site. Although he has attempted to minimize impacts through careful site design, the construction
of a road will result in 0.055 acre of wetland impacts.
The Pre-Construction Notification form, associated maps, wetland survey, and site plan
are enclosed for your review. Please contact me if you have any questions. Thank you for your
assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
WETLANDS/ 401 GROUP
JUL 2 S 2004
WATER QUALITY SECTION
Cc: Mr. Cameron Smith
Mr. John Dorney, DWQ
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 0 4 12'
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
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: Mr. Cameron Smith
Mailing Address: C.L. Smith Construction
1.704 Southport Supply Rd.
Bolivia NC 28422
Telephone Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kw illiams(cr?lmgroup net
Fax Number: [phone]
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 6111-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: Leonard Street Site
2. T.I.P. Project Number or.State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 87 S towards
Southport.Turn left onto Jabbertown Rd. Turn left onto Leonard St. Site is on left (see
vicinity map)
5. Site coordinates, if available (UTM or Lat/Long): 33.9403° N 78.0117° W
(Note - if project iS ilneaT,_ Such as a road or utility Brie, attach a Sheet U at Separately i1StS 1-1-c
coordinates for each crossing of a distinct wateebody.)
6. Property size (acres): 68.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Price 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/mVs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is undeveloped. Adjacent land use is undeveloped
or residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6of12
The applicant proposes to construct a single-family and multi-family residential subdivision
within the site. The northernmost road will be constructed first to allow construction access
to the property. A temporary entranceway will be constructed in order to provide
construction access to the site Site preparation and construction of the subdivision will
follow. Silt fences will be installed around adjacent wetlands prior to construction activities.
11. Explain the purpose of the proposed work: To provide access to a proposed residential
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.
Land Management Groin Inc delineated 404 wetlands in 2001. Mr. Alan Davis of the USACE
approved the delineation on Jane 27, 2001. In 2001, the 01'mer owner of the tract from which
this site was subdivided Mr Tom Young obtained a NWP 14 for a wetland crossing
(approximately 0.33 acre of filll within this tract (Action ID# 200100956). In June of 2004,
Carillon Assisted Living obtained a NWP 14 for 0.02. acre of wetland impacts for a DOT ROW
crossing (Action ID#200400891. 401 still pending)
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 worl? ' 110111 the l?1Z.11e11` L application.
No additional wetland impacts are anticipated on this parcel
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:
The applicant proposes to impact approximately 0.055 acre of 404 wetlands.
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 0.050 yes 500 Forested
2 fill -0.005 yes 500 Forested.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, gracing, nu,
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 (deter- urination o: isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 22.62 acre
Total area of wetland impact proposed: 0.055 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* 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.usgsrov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
,Am w.mapcuest.corn, 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
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of - construction (e.g., dam/embank_ment, 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, accessibili y, 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.
Almost half of this tract is wetlands and the desijners took great care to avoid these wetlands
when developing the site plan However, the applicant needed to provide a direct route from
Leonard Street to the northern part of the property. This road will only impact the vea tips of
two wetland fingers.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/nowetlands/stnngicle.htrnl.
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 (Wgroximately 22.2 acres will be preserved in perpetuity.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
1; _D
ity to contact the NC"WR., at
Program (NC1', viP). Please note it is the applicant's responsibil
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PONT. For additional information regarding the application process for the
NCWRP, check the NCWRP website at bgp://h2o.enr.state.nc.us/wip/in.dex..htin. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If -yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification bor these impacts in Section V'II above. All proposed i.acts 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
(Neese), 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
instigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* (s uImpct are 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
6 ..
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within this site except for a small dirt road that extends
from Leonard Street to uplands within the southern part of the tract. Total proposed impervious
cover will consist of the multi-family buildings single family homes, roadways, and associated
parkin which will be approximately 17 acres or 24.8% of the tract. The applicant will install
silt fencing around the construction area to reduce erosion into wetland areas. All required
stormwater regulations will be followed.
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 subjectacility.
The facility will tie into Southport's sewer system.
XIIL 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 Z
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).

Applicant/Agent's Signature Bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Leonard Street Site Land Management Group, Inc.
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Brunswick County, NC Wilmington, N.C. Figure 1. Vicinity map.
NWP 14 Application July 2004
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http://www.topozone.com/map.asp?z=17&n=3759557&e=776208&s=50&size=s&datum=... 5/14/2004
33.9403°N, 78.0117°W (WGS84/NAD83)
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Leonard Street Site Land Management Group, Inc.
Mr. Cameron Smith Environmental Consultants Figure 3. SCS soil survey for
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NWP 14 Application July 2004
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DWQ# n 17 Date Q Who Reviewed: AL21
Plan Detail Incomplete
? Please provide a location map for the project.
r
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
Please provide cross-section details showing the provisions for aquatic life passage. - -- -
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater. management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the est imated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
2 e indicate the diffuse flow?provision measures on the site plan.
-,
? Please indicate whether or not the proposed impacts already been conducted. ;
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project. A .-?
d?
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