20041034 Ver 1_COMPLETE FILE_20040624

MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Turtle Creek By Thie Sea c/o Marianne Pata County Brunswick
Project Number 04 1034 County2
Recvd From APP Region Wilmington
Received Date 6/24/04 Recvd By Region
Project Type home construction
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 / 18 forested W-7-0 N _- 99-(1) SB ? 30,759. 0.10
F__ F_ DY ON Ir--I-F_ F_ 1 r-F-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? 0 Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y QQ N Recommendation: Q Issue # Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This eject has been placed on hold for additional information on 9/21/2004. NML
On October 19. 2004, additional information was received which included another PCN for lot 2 (all proposed impacts were
required to be seen upfront). On December 21. 2004, the final layout for both lots was submitted to WiRO.
This office has no ohiection to the projects as proposed provided that all of the conditions of General Water Quality^
Certifications 3402 and 3374, in addition to the conditions listed in the written 401 WOCs are met.
A 3402/3374 was issued to Ms. Pata for Lot 1 (0.10 acres fill. 0.05 acres temp. impacts), and a 3402/3374 was issued to
Mr. Bressler (husband) for Lot 2 (0.10 acres fill. 0.05 acres temp, impacts) on December 22. 2004. The USAGE intends to
issue two nationwide 18s. NML
cc: Regional Office
Central Office Page Number 1
O?O? W A T F9QG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 22, 2004
Mr. Joe Bressler
2229 Sunset Blvd.
Steubenville, OH 43952
Dear Mr. Bressler:
DCC?L???'[? p
D
DEC 2, 9 2004
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Lot 2, Turtle Creek by the Sea, Oak Island
DWQ Project # 041034
Brunswick County
You have our approval, in accordance with the attached conditions (WQC #3402 and #3374), to do
the following activity at your property located on Lot 2 of Turtle Creek by the Sea Subdivision off
Tortoise Shell Court in Oak Island, Brunswick County. This approval allows you to:
1. Fill 0.10 acres of Section 404 Wetlands for the purpose of constructing a single-family home;
2. Temporarily impact 0.05 acres of Section 404 Wetlands for the purpose of installing a sewer-line.
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 October 19, 2004,
and final additional information received on December 21, 2004. After reviewing your application, we
have determined that General Water Quality Certification Numbers 3402 and 3374 cover these activities.
These Certifications can also be found on line at: h!Ltp://h2o.enr.state.nc.us/ncwetlands/certs.html. These
Certifications (#3402 and #3374) allow 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 Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Naturallt?
Mr. Bressler
DWQ Project #041034
December 22, 2004
1. No land disturbance or fill of any kind shall occur in wetlands areas beyond the footprint of the
impacts depicted in the Pre-construction Notice Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate.
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.
Please notify the Wilmington Regional Office at [phone]) if any problem arises during the
construction of the project that may affect water quality.
2
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 # 041034. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E.
Director, Division of Water Quality
Attachments: GC #3402 and GC #3374
Certificate of Completion
cc: Tom Farrell - Corps of Engineers Wilmington Field Office
Cyndi Karoly - 401 Oversite and Express Unit
Noelle Lutheran - WiRO
Kim Williams - Land Management Group
WQC #3402
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES)
39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS).
41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of
the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
• Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure
(including construction impacts) spans the entire bed and both banks of the stream,
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pattern. Impacts for dam footprints and flooding will count toward the
threshold for stream impacts, but flooding upstream of the dam will not (as long as no
filling, excavation, relocation or other modification of the existing stream dimension,
pattern or profile occurs) count towards mitigation requirements. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
• Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used, Any activity that results in a loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.
WQC #3402
• Lakes and Ponds - Impacts to waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area. Permanent
and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of aquatic functions including but not limited to filling and
dredging shall be considered waters impacts.
Application Thresholds - Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1 /3 of an acre east of 1-95 and 1 /10 of an acre
west of 1-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-11 or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
3. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-11),
213 .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
WQC #3402
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-1 and WS-11 unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee. If a
WQC #3402
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (Buffer Rules) in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur, unless otherwise specified
in the approval letter. The mitigation plan must be implemented and/or constructed before
any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the
travelling public. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina ,
April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan. must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
stable reference reach if the existing channel is unstable), to the maximum extent
practical. The new channel should be constructed in the dry and water shall not be turned
into the new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30 foot
wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note
that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina , April 2001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
WQC #3402
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;
16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions
applied to these lots;
17. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44,
whichever is sooner.
WQC #3402
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3402
WQC #3374
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
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 213 .0200 for
the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 213 .0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit
198100049 or when deemed appropriate by the Director of the Division of Water Quality.
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. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
appropriate. If any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence 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 and will be the higher of the two fees;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside 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 by DWQ for any Certification
involving written concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than a near-perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to
the stream bank);
WQC #3374
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed with no joints connected within the footprint of a stream
channel or within 2 feet of the stream banks. Otherwise, written concurrence from DWQ
is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233,.0259,
.0250 and .0243. 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, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0243.
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;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Rip rap may only be used below the normal high water level.
The stream cross section must be restored to its original grade and elevation. Placement
of rip rap or other materials shall not result in de-stabilization of the stream bed or banks
upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever Is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable;
WQC #3374
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance corridor beyond those widths
specified in this General Certification;
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
wetland for buried utility lines. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area;
18. 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;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ
Regional Office must be contacted to determine if Coastal Stormwater Regulations still
apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these
impacts is acceptable when compensatory mitigation is required as long as the Wetlands
Restoration Program agrees in writing to accept this payment. Other mitigation plans
must receive written DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
WQC #3374
24. 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 12 or Regional Permit 198100049
whichever is sooner;
25. 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.
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: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3374
WQC #3374
ANTI SEEP COLLAR
18 I
I inches 40= UfflitirUrre
I l (Diameter Varies)
1
1 foot I 3 Class B Concrete
I I - or Compacted Clay
E ?..
6 inches ranch Width 6 inches
Not to exceed 40 feet
SEC"i OL
Class s concrete
or Compacted Clay
12
inches
6 inches -. 4 6 Inches
PLAN
s
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 Registration No.
Date
Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington, NC 28405-2004
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Turtle Creek By The Sea c/o Marianne Pata
Project Number 04 1034
Recvd From APP
Received Date 6/24/04 Recvd By Region
Project Type home construction
County Brunswick
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 -/18 forested O Y O N F_ 99-(1) SB F- 30,759. 0.10
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? ( Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? p Y # N Recommendation: Q Issue (0 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This eject has been placed on hold for additional information on 9/21/2004. NML
cc: Regional Office
Central Office Page Number 1
O?O? W A r?9QG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 22, 2004
Ms. Marianne Pata
2229 Sunset Blvd.
Steubenville, OH 43952
Dear Ms. Pata:
D
DEC 2 9 2004
OENR - WATER QUALITY
WETLANDS AND ST RMWATER BRANCH
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Lot 1, Turtle Creek by the Sea, Oak Island
DWQ Project # 041034
Brunswick County
You have our approval, in accordance with the attached conditions (WQC #3402 and #3374), to do
the following activity at your property located on Lot 1 of Turtle Creek by the Sea Subdivision off
Tortoise Shell Court in Oak Island, Brunswick County. This approval allows you to:
1. Fill 0.10 acres of Section 404 Wetlands for the purpose of constructing a single-family home;
2. Temporarily impact 0.05 acres of Section 404 Wetlands for the purpose of installing a sewer-line.
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 June 24, 2004, and
final additional information received on December 21, 2004. After reviewing your application, we have
determined that General Water Quality Certification Numbers 3402 and 3374 cover these activities. These
Certifications can also be found on line at: htW://h2o.enr.state.nc.us/newetlands/certs.html. These
Certifications (#3402 and #3374) allow 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 211.0506
(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 Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Naturally
Ms. Pata
DWQ Project #041034
December 22, 2004
1. No land disturbance or fill of any kind shall occur in wetlands areas beyond the footprint of the
impacts depicted in the Pre-construction Notice Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate.
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.
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 # 041034. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E.
Director, Division of Water Quality
Attachments: GC #3402 and GC #3374
Certificate of Completion
cc: Tom Farrell - Corps of Engineers Wilmington Field Office
Cyndi Karoly - 401 Oversite and Express Unit
Noelle Lutheran - WiRO
Kim Williams - Land management Group
WQC #3402
• Lakes and Ponds - Impacts to waters other than streams and wetlands as
determined by the Division of Water Quality shall be measured as area. Permanent
and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of aquatic functions including but not limited to filling and
dredging shall be considered waters impacts.
Application Thresholds - Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre
west of 1-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-1, WS-II or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
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 213.0200. 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;
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-11),
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
WQC #3402
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES)
39 (RESIDENTIAL. COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
41 (RESHAPING EXISTING DRAINAGE DITCHES). 42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of
the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
• Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure
(including construction impacts) spans the entire bed and both banks of the stream,
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pattern. Impacts for dam footprints and flooding will count toward the
threshold for stream impacts, but flooding upstream of the dam will not (as long as no
filling, excavation, relocation or other modification of the existing stream dimension,
pattern or profile occurs) count towards mitigation requirements. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
• Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.
WQC #3402
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (Buffer Rules) in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur, unless otherwise specified
in the approval letter. The mitigation plan must be implemented and/or constructed before
any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the
travelling public. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina ,
April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
stable reference reach if the existing channel is unstable), to the maximum extent
practical. The new channel should be constructed in the dry and water shall not be turned
into the new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30 foot
wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note
that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina , April 2001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;
9. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
WQC #3402
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee. If a
WQC #3402
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;
16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
h_ttp://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions
applied to these lots;
17. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44,
whichever is sooner.
WQC #3402
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3402
WQC #3374
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
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 wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit
198100049 or when deemed appropriate by the Director of the Division of Water Quality.
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. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
appropriate. If any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence 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 and will be the higher of the two fees;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside 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 by DWQ for any Certification
involving written concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than a near-perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to
the stream bank);
WQC #3374
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed with no joints connected within the footprint of a stream
channel or within 2 feet of the stream banks. Otherwise, written concurrence from DWQ
is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 26.0233, .0259,
.0250 and .0243. 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, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 2B .0233, .0259, .0250 and .0243.
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;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Rip rap may only be used below the normal high water level.
The stream cross section must be restored to its original grade and elevation. Placement
of rip rap or other materials shall not result in de-stabilization of the stream bed or banks
upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable;
WQC #3374
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance corridor beyond those widths
specified in this General Certification;
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
wetland for buried utility lines. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area;
18. 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;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ
Regional Office must be contacted to determine if Coastal Stormwater Regulations still
apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these
impacts is acceptable when compensatory mitigation is required as long as the Wetlands
Restoration Program agrees in writing to accept this payment. Other mitigation plans
must receive written DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
WQC #3374
24. 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 12 or Regional Permit 198100049
whichever is sooner;
25. 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.
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: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3374
WQC #3374
ANTI SEEP COLLAR
...
F_ "I
8
i Winches ?.- ?ItliEty?Lirte
I ( (Diameter Varies)
1
1 font I_, Class B Concrete
I or Compacted Clay
6 Inches Pnoh 7ct Winches
Not to exceed 40 f set
SECTIO,
Class 13 Concrete
or CoTnpa.cled Clay
12
Inches
6 inche,sO.` PLAN

5
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:
Agent's Certification
Date:
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.
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Turtle Creek By The Sea c% Marianne Pata County Brunswick
Project Number 04 1034 County2
Recvd From APP Region Wilmington
Received Date 6/24/04 Recvd By Region
Project Type home construction
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 / 18 forested O Y O N F_- 99-(1) SB F--30,759. 0.10
F-F-- O Y N ? ?F_F_[__r_
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y O N Did you request more Info? QQ Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y 6 N Recommendation: Q Issue 0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This project has been placed on hold for additional information on 9/21/2004. NML
On October 19. 2004, additional information was received which included another PCN for lot 2 (all proposed impacts were
required to be seen upfront), On December 21. 2004. the final layout for both lots was submitted to WiRO.
This office has no ohiection to the ejects as proposed provided that all of the conditions of General Water Quality
Certifications 3402 and 3374. in addition to the conditions listed in the written 401 WQCs are met.
A 3402/3374 was issued to Ms. Pata for Lot 1 (0.10 acres fill. 0.05 acres temp. imp). and a 3402/3374 was issued to
Mr. Bressler (husband) for Lot 2 (0.10 acres fill. 0.05 acres temp, impacts) on December 22, 2004. The USACE intends to
issue two nationwide 18s. NML
cc: Regional Office Page Number 1
Central Office
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OCT 1 9 2004
October 15, 2004 "X q8? y ?I
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TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Additional information for Lot #1; Turtle Creek; Brunswick County, NC; DWQ# 041034 &
401 Water Quality Certification Application for Lot #2; Turtle Creek; Brunswick County, NC
Dear Noelle:
Thank you for your letter dated September 21, 2004, in which you request additional information regarding Lot 41
at Turtle Creek. Because Lots 1 and 2 will share the same drainfield (located on Lot 3), you asked to see proposed wetland
impacts on Lot 2 as well. In response, I am submitting a 401 Water Quality Certification application for Lot #2. This
application is submitted on behalf of Mr. Joe Bressler. On June 22, 2004, we submitted an application for Lot # 1 on behalf
of his wife, Ms. Marianne Pata.
Mr. Bressler is requesting 0.10 acre of wetland fill to construct a home with an offsite wastewater system Because
the lot consists almost completely of wetlands, impacts could not be avoided. Wetland impacts associated with the
wastewater system have been accounted for in the permit application for Lot #1. The applicant has obtained an
improvement permit to install the wastewater treatment system. It should be noted that Ms. Pata and Mr. Bressler applied
for and received permits to fill wetlands on Lots I and 2 in 2000. These permits expired prior to wetland filling activities.
The Pre-Construction Notification form, associated maps, wetland survey, site plan, and mitigation plan are
enclosed for your review. In addition, the $200 application fee has been sent to Cyndi Karoly. Please contact me if you have
any questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
Cc: Ms. Marianne Pata & Mr. Joe Bressler
Mr. Cyndi Karoly, DWQ
Awk
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. O 10.54
(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 18, GC3402
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 LS V 19 W9 D
1. Owner/Applicant Information O C T 1 9 2004
Name: Mr. Joe Bressler
Mailing Address: 2229 Sunset Blvd. "8MRMWATER NW CH
Steubenville OH 43952
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: [e-mail]
III. Project Information
Page 5 of 12
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: Turtle Creek by the Sea; Lot 2, Phase 1, Block 2-A
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN)
250AGO0202
4. Location
County: Brunswick Nearest Town: Oak Island
Subdivision name (include phase/lot number): Turtle Creek by the Sea; Lot 2, Phase 1
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 133 S into Oak
-th
Street. Lot will be on the right (see vicinity inap).
5. Site coordinates, if available (UTM or Lat/Long): 33.9095° N 78.0985° W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1.89 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean
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 roposes to construct a home within the lot. An upland lot to the north will be
used for placement of a drain field. House will be built upon pilings.
11. Explain the purpose of the proposed work: To build a residence with a connection to an off-
site drain field.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
404 wetlands were originally delineated by Land Management Group, Inc. and approved by the
Corps in 1997. They were re-delineated by LMG on June 4, 2004. Mr. Tom Farrell of the Corps
has reviewed the line in the field and the wetland survey is included in this application package
for his signature. It should be noted that Mr. Bressler applied for and received permits WP 14
(Action ID# 200000905. 4/2/00) NWP 18 (Action ID# 200000907; 4/2/00), and 401 WQC
(DWQ# 00-0300, 4/27/00)) to fill 0.13 acre of wetlands for a house and a driveway in 2000. No
mitigation was required. These permits expired prior to wetland filling activities. A NWP 18 and
12 application have already been submitted for Lot #1 under Ms. Marianne Pata's name (Mr.
Bressler's wife).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
Provide a written description of the proposed impacts: The applicant proposes to impact 0.10
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***
I Fill 0.10 yes -800 Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 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: 1.75 acres
Total area of wetland impact proposed: 0.10 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on snap)
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.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.inapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(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 snaps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., darn/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This lot consists almost entirely of wetlands and impacts could not be avoided. The applicant is
requesting enough fill to allow for the construction of a house, driveway, and adequate side slope
le soils in a
lot located just north of the property (Lot #3). Temporary wetland impacts will occur within a
10'-wide sewer easement between Lots 1 and 2 where a septic tank, pump tank, and pipe will be
installed. These temporary impacts have been accounted for in the permit application submitted
for Lot #1.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to mitigate for wetland impacts by preserving in perpetuity
remaining wetlands within the lot outside of the sewer easement (- 1.58 ac) and by creating
0.10 acre of wetlands at the north end of the tract. Please see mitigation plan for details.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
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 213 .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 I extends out 30 feet perpendicular from near bank ol'channcl; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 1 I of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss storinwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the property. Total proposed impervious cover will
consist of one home with a driveway, which will be 0.10 acre, or 5% of the total site. The
applicant will install silt fencing around the construction area to reduce erosion into adjacent
wetland areas.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater will be treated using a system located in uplands off site. An improvement permit for
this system has already been obtained.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

Applicant/Agent's Signature Date `
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
,!.. Smit
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Mr. Joe Bressler Wilmington, N.C.
Brunswick County, NC JUNE 2004 LOT 2; TURTLE CREEK

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Brunswick County, NC JUNE 2004 LOT 2; TURTLE CREEK
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Final Grade
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Mr. Joe Bressler
Lot #2; Turtle Creek; Oak Island
Brunswick County, NC
Permit Application
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
October 2004
Figure 6. Typical Driveway
Cross-Section for Lot #2
Cross-Section of Driveway For Lot 42
0+10,
0+5'
0+0'
?.. ---- -- 15'-wide impact
Lot #1 SE 66th St.
.i 10'-wide driveway 10
lo,r - -----.?,` Final Grade
Existing Grade
0+0' 0+10' 0+20' 0+30' 0+40' 0+50'
Horizontal: 1" = 5'
Vertical: 1" = 5'
Ms. Joe Bressler
Lot #2; Turtle Creek; Oak Island
Brunswick County, NC
Permit Application
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
October 2004
Figure 7. "Typical Driveway
Cross-Section for Lot #2

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Map 13k-Y, PD6. I r I? I I l ' f 1 `'? I / I .-,- d-
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A T z A N T N£ FIGURE 8. WETLAND SURVEY
Boney lend 8uryeyon, Ine. PROPERTY SURVEY k 404 LdNE O
4922 E 0ak blend or. JOE k' MARIANNE BRP_:9S1_FR C
O.k Island, NC 28466
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D. e: •_ 0D-zo-o4 -OAK ISLAND- `?l N 11 I I I
I13- Smithville Township e4w ecAU r-6o•
Elrun wide Co., N.C.
JUN-22-04 11:30 PM SAVE RITE PHARMACY

LAND MANAGEMENT; 910 452 0080

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500
7406767031
Junl22.04 10o43AM;
P. 01
Pop 2/2
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A6 T DISCLOSURE FO"
TO WHOM IT MA ICONCF..RN? ?
ement Group! Inc, to wt as ow agent in the
I/We, the under herek: Land MaW
> A preparation and tatic n of ration related to the penni? application for Lot 141 at
Turtle Creek in Oak: ' land, rte. jttestions in regards 10 this pr ?Ot should be directed to
Lard MuMcnienc up, IT c.
` f l Sinceroly
f !i i .........'?
I ; p Applicant

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TDate

FM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
October 19, 2004
Kim Williams
Land Management Group Inc
PO Box 2522
Wilmington, NC 28402
Subject: Lot 1, Turtle Creek, Brunswick County. DWQ #041034
Dear Ms Williams:
On 10/19/04, the Division of Water Quality received your additional information for the above
referenced project. Included with this information was another check for $200. This project was
already paid for in June and another fee was not needed. Enclosed is the recent check to be
returned.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-
1786.
Si ely,
TILE Copy
Cyndi Karoly
Enclosed: Check #23892
CC: Central Files
Noelle Lutheran, Wilmington Regional Office
File Copy
Wetlands/401 Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone] / FAX [phone] / Internet: h_ptt •//h2o enr state.nr.us/ncwctlands Naturally
OF WArF9 Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
- North Carolina Department of Environment and Natural Resources
co
> y Alan W. Klimek P.E., Director
p -? Division o>? Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 21, 2004 2 g `' ?[.i D
Q
D
CERTIFIED MAIL: 7003 1010 0000 0032 3864 S E P 2 7 2004
RETURN RECEIPT REQUESTED
DENR -WATER QUALITY
Ms. Marianne Pata WETLMDS AND SMIRMWATER W4KH
2229 Sunset Boulevard
Steubenville, OH 43952
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Turtle Creek Subdivision
Lot #1, Phase 1, Block 2-A
DWQ Project # 041034
--Onslew County
Dear Ms. Pata: T3rv, v&" ?- CL
This Office has reviewed your Pre Construction Notification application and additional
information submitted on August 9, 2004, however, we are placing your project on hold until we receive
the following additional information:
.
1. Pleasei submit any additional impacts associated with the. development of lot #2. The septic
system is designed for two lots and it is required that all potential cumulative impacts are
shown upfront;
2. Please verify that the US Army Corps of Engineers will authorize the total project under a
Nationwide 18 permit.
Please respond within three weeks of the date of this letter by sending a copy of the information
to Joanne Steenhuis and to Cyndi Karoly, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-
226, her phone number is [phone]. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn. If
you have any questions, please feel free to call me at [phone].
Sincerely,
Noelle Lutheran
Environmental Specialist III
cc: Cyndi Karoly -401 Wetlands Group
Tom Farrell - Corps of Engineers Wilmington
Kim Williams - Land Management Group
WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
None 11 f-1 I
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl1 0%a Post Consumer Paper 0I a.ro Ina
Aaturally
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WO Supervisor: Rork Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Turtle Creek By The Sea c/o Marianne Pata County Brunswick
Project Number 04 1034 County2
Recvd From APP Region Wilmington
Received Date 6/24/04 Recvd By Region
Project Type home construction
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 / 18 forested [FY _0N 99-(1) SB F__ 30,759. 0.10
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? p Y O N Recommendation: Q Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
Thos project has been placed on hold for addotional information on 9/21/2004. NML
cc: Regional Office
Central Office Page Number 1
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Triage Check List
Date: EaOci Project Name: ?u' ?e C-s-nAc V->4 HGS Secs
DWQ#: Oq -10 3 `f
County:
To: ? ARO Kevin Barnett ? WaRO Tom Ste
? FRO Ken Averitte (iRO :Noelle Lutheran
El MRO Alan Johnson ?' WSRO Dary am
? RRO Mike Horan
From:
Telephone : (919)
_`33.c?
The rile attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
\`7S v 2 (j? ecti s C""
\N S.. -

or -.
?Ilninl W1111:
./,,,l,: /!i
'Y' l
.YXO,i `Nif, lli rifle' ( 'Ilr,'nl„e
WETLANDS / 401 e,R01jp
W?i?,Cr/l'I,(,f?',P?IJ'GP?? 06 Q ?? 10
.'%'aa/(j/ee'14).,: WATER CUALITYSECTION
Y/«??,, ./?i,%a/li ? ,18'M?
%/O-//:i2-/ oo'1
120
L E P Y I'll (1), J
July 30, 2004
TO: Mr. John Dorney
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: 401 Water Quality Application for Lot #1; Turtle Creek; Oak Island, NC
Brunswick County, NC
DWQ Project # 04-1034
Dear John:

I received your letter dated July 7, 2004 in which you request additional information regarding the
above-referenced project. After speaking with Mr. Ed Schwartzman on July 20, 2004, it was determined that
the application package included the requested information and the July 7`h letter could be disregarded.
However, Mr. Schwartzman asked us to address several other issues.
1. Show the DCM Area of Environmental Concern (AEC) setback on the property.
Figure 4 has been amended to include an approximate 60' Ocean Hazard setback. Please note that all
proposed development will occur well outside of this setback.
2. Provide a map of the drainfield Does the Brunswick County Health Department require a 50'setback
from wetlands in the construction of *a drainfield?
A map of the drainfield is included. The Brunswick County Health Department does not require a 50'
setback from wetlands. Although the drainfield was originally designed approximately 70' from
wetlands, the applicant proposes to create wetlands that will be approximately 20' from the drainfield
in order to comply with mitigation standards required by the Corps.
3. Will anti-seep collars be used?
The applicant will comply with all conditions set forth in GC 3374 including the requirement to use
anti-seep collars at the downstream wetland boundary and every 150' up the gradient until the utility
exits the wetland.
Ar ,*N
Thank you for your assistance with this project. Please give me a call if you have any questions or
require additional information.
Sincerely,
Kim Williams
Wetland Scientist
Encl
Cc: Ms. Marianne Pata
Ms. Noelle Lutheran, DWQ
Mr. Tom Farrell, ACOE
Proposed Septic System Site Plan
Lot 3, Block 2A, Section ELB,
Turtle Creek by the Sea, Oak Island, NC
Wastewater being pumped from Lots 1 and 2
Revised April 25, 2001
-Scale 1" = 30'
10' 202.05'
1 011
w; 106'
12" Fill
5' bujj • 12" Fill Gate Valve
F r
37.5' fwo is, X 180 'in Valve Box
in approved 37.5'
18" Fill 5' buffer 18" Fill
\10' 10g,
Parking Barrier
01.30'
72.60'
80'
200' Sewer Easement
Along Lot 1 and 2
!?-- Property Line
J
Supply Line from
Two 3 bedroom homes
on Lots 1 and 2
Land Management Group, Inc.
07/228/2004 11:40 9104520060 LANDMANAGEMENT PAGE 01102
? S
LAND MANAGEMENT GROUP, INC.
Environmental Consultants
Post Office Box 2522
Wilmington, North Carolina 28402
PHONE No: 910-452-0001
FAX No: 910-452-0060
Robert L. Moul Suite 14
Larry F. Baldwin Downey Branch Office Park
W. Stephen Morrison 3805 Wrightsville Avenue
G. Craig Turner Wilmington, NC 28403
PLEASE DEL4VER THE FOLLOWING DOCUMENT(S) TO:
JJOL-N d cN -7 ` --? - ? ?? 7
THIS TRANSMITTAL IS FROM:
his-,?
NUMBER OF PAGES z (INCLUDING THIS COVER)
DATE: TIME OF TRANSMISSION: 1/`31
TIME RECEIVED:
JUL-28-2004 WED 10:17 TEL:[phone] NAME:DWQ-WETLANDS P. 1
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1 4
Land gyanagement Group, Inc.
EnTnr=iW- ntal Consultants
Tost office Box2522
`+VMIle' ton, North carofna 28402
k plone:910-452-0001
Main Office:
Suite Is
(Eowney (Branch Office Patt
3805 4' r? ghts 4&,Avenru
144(mingtort, NC 28403
MEMO TO- John Dorney
FROM: Paul Farley
RE: Turtlewood, Brunswick County
(Branch Office:
T. O. (101 1.120
504 ('YOatan,Street
Wanteo, NC 27954
"one. 252-473-3400
Please keep file open. We are getting information from the engineer. 'hank you.
(??4 " 0? 9 ?
JUL-28-2004 WED 10:18 TEL:[phone] NAME:DWO-WETLANDS P. 2
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 7, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
DWQ Project # 04-1034
Brunswick County
Page 1 of 2
Ms. Marianne Pata
2229 Sunset Boulevard
Steubenville, OH 43952
Subject Property: Lot# 1, Phase 1, Block 2-A, Turtle Creek subdivision, Oak Island, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Pata:
On June 24, 2004, the Division of Water Quality (DWQ) received your application dated June
18, 2004 to impact .010 acres of wetlands to construct the proposed residential construction. 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 211.0506 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. Plan Details
A. Please provide a large-scale site map that provides adequate detail to review proposed
impacts for this project.
B. Please show all wetland impacts including fill slopes on the site plan.
C. Please indicate proposed lot layout as overlays on the site plan.
D. Please locate all isolated or non-isolated wetlands, streams and other waters of the
State as overlays on the site plan.
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.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Alan W. Klimek, P. E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality

Marianne Pata
Page 2 of 2
July 7, 2004
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 Ms. Cyndi Karoly 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.
Sincerely,
ds / 1 Unit
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: 04-1034 Turtle Creek by the Sea (Brunswick) On Hold
mel' aln"Ye/ evII inf)/ inc.
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TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405

W ,FTZANns/401
R4UP
JUN 2 4 2004
WAT?RQUAC/TyS
FCT/pN
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6. 5,%x -1-.120
?tiane: 2.52-1174-3100
Alft?
RE: 401 Water Quality Certification Application for Lot #1; Turtle Creek; Oak Island, NC
Brunswick County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application is submitted
on behalf of Ms. Marianne Pata for a 1.89-acre lot located in the Turtle Creek subdivision in Oak Island, NC.
The applicant is proposing to build a home with an off-site wastewater treatment system. Because the lot
consists almost completely of wetlands, wetland impacts could not be avoided. The construction of a home,
driveway, and septic tank will result in 0.10 acre of wetland impacts. In addition, the installation of a pipe to
remove wastewater to a drainfield located off site will result in 0.05 acre of temporary wetland impacts. Ms.
Pata has obtained an improvement permit to install the wastewater treatment system. It should be noted that
Ms. Pata applied for and received permits (NWP 14 (Action ID# 200000904; 4/2/00), NWP 18 (Action ID#
200000904; 4/2/00), and 401 WQC (DWQ# 00-0269, 4/27/00)) to fill 0.13 acre of wetlands for a house and a
driveway in 2000. No mitigation was required. These permits expired prior to wetland filling activities.
The Pre-Construction Notification form, associated maps, wetland survey, and site plan are enclosed
for your review. In addition, the $200 application fee has been sent to Mr. John Dorney. Please contact me if
you have any questions. Thank you for your assistance with this project.
Sincerely,
I P c.L(tib?
Kim Williams
Wetland Scientist

Encl.
Cc: Ms. Marianne Pata
Mr. John Dorney, DWQ
IL ?.:
June 22, 2004

Office Use Only: Fom, Version May 2002
?
USACE Action ID No. DWQ No.'s'
(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 12, 18, GC 3374,
GC3402
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: Ms. Marianne Pata
Mailing Address: 2229 Sunset Blvd.
Steubenville, OH 43952
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:_?910) 452-0060
E-mail Address: kwilliams@lmgrop nct _
Page 5 of 5

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 l l 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: Turtle Creek by the Sea; Lot 1, Phase 1, Block 2-A
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 250AG00201
4. Location
County: Brunswick Nearest Town: Oak Island
Subdivision name (include phase/lot number): Turtle Creek by the Sea; Lot 1, Phase 1
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 133 S into Oak
Island. After crossing over the bridge turn right onto Yaupon Drive. Take a left onto SE 64'h
Street. Turn left onto Tortoise Shell Court. Lot is at end of court (see vicinity map).
Site coordinates, if available (UTM or Lat/Long): 33.9095° N 78.0985° W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1.89 acres
7. Nearest body of water (stream/river/sound/occan/lake)
Atlantic Ocean
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/Mps/.)
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:
Pa-e 6 of 6
•
The applicant proposes to construct a home within the lot. An upland lot to the north will be
used for placement of a drain field. House will be built won pilings.
11. Explain the purpose of the proposed work: To build a residence with a connection to an off-
site drain field.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
404 wetlands were originally delineated by Land Management Group Inc. and approved by the
Corps in 1997. They were re-delineated by LMG on June 4, 2004. Mr. Tom Farrell of the Corps
is scheduled to review the line on July 7 2004. It should be noted that Ms. Pata applied for and
received permits NWP 14 (Action ID# 200000904. 4/2/00) NWP 18 (Action ID# 200000904;
4/2/00), and 401 WQC (DWQ# 00-0269 4/27/00)) to fill 0.13 acre of wetlands for a house and a
driveway in 2000. No mitigation was required. These permits expired prior to wetland filling
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.
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.
1. Provide a written description of the proposed impacts: The applicant proposes to permanently
impact 0.10 acre and temporarily impact 0.05 acre of 404 wetlands.
Page 7 of 7
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 0.10 yes -800 Forested wetland

2 Excavation/
Temporary
impact
0.05
yes
-800
Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, H11,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplams 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 htip://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 USAGE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.75 acre
Total area of wetland impact proposed: 0 10 acre permanent; 0.05 acre temporary
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, out are not umncd to: Cwveris auu a„co1a«u <<t,-,a1,,
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
}3?iw a s.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., ww)A,.t0pozonc_com,
www.ma?c uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts
Page 8 of 8
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 identity temporary impacts. impacts inciuoc, Oui WC ?ui L11111LGU U,. uii,
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,
Size of watershed draining to pond: __ Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This lot consists almost entirely of wetlands and impacts could not be avoided. The applicant is
requesting enough fill to allow for the construction of a house driveway, and adequate side slope
in an area located off of Tortoise Shell Ct. Temporary wetland impacts will occur within a 10'-
wide sewer easement where a septic tank pump tank and pipe will be installed. Sewa,e will be
pumped off site to more suitable soils in a lot locatedjust north of the property.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 9
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:/A12o.enr.state.nc.us/newetlands/strmgide.htnil.
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 applicant proposes to mitigate for wetland impacts by preserving in perpetuity all
remaining wetlands within the lot outside of the sewer easement (--- 1.58 ac) and by making a
payment into the EEP for the restoration of 0.25 acre of non-riparian wetlands.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htt)://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 10
i
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
(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 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 l extends out 30 feet perpendicular from 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 I I of I 1
1
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 the property. Total proposed impervious cover will
consist of one home with a driveway, which will be 0.10 acre or 5% of the total site. The
applicant will install silt fencing around the construction area to reduce erosion into adjacent
XII. Sewage Disposal (required by DN11Q)
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.
Wastewater will be treated using a system located in uplands off site. A septic permit has already
been obtained.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pagc 12 of 12
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NWP Request Land Management Group, Inc. FIGURE 1.
Environmental Consultants Vicinity Map
Marianne Pata Wilmington, N.C.
Brunswick County, NC JUNE 2004

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NWP Request Environmontal Consultants USGS 7.5'
Marianne Pata Wilmington, N.C. Southport Quad Sheet
Brunswick County, NC JUNE 2004
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NWP Land Management Group, Inc. r'UV"`
Request Envlronmontal Consultants SCS Soil Survey
Marianne Pata Wilmington, N.C. Brunswick County
Brunswick County, NC JUNE 2004
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N\/VP Request rLand nagement Group, Inc. FIGURE 6.
vironm ontal Consultants Wetlands Survey
Marianne Pata Wilmington, N.C.
Brunswick County, NC JUNE 2004
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?oc'ulict 253-cc50 %'z?u? ?63-1312 5??,=?? ???-?Z?'t
Donald J. Pousey
Health Director
Date: _(o (S Ol
File: (1? - (4? kq
To Whom It May Concern:
The Site evaluation L A
(site description)
has been completed. Property development using subsurface wastewater treatment and
disposal requires the issuance of three different permits. These are the
IMPROVEMENT PERMIT; CONSTRUCTION AUTHORIZATION PERMIT; and
OPERATION PERMIT.
The following permit(s) may. be picked up at the Brunswick County Health Department
upon payment of established fees in place at the time the permit is picked up.
Improvement Permit
Improvement Permit with site modifications such as fill plan
Construction Authorization Permit
Construction Authorization Permit Revision
.If your site will be using a private water source, i.e. drinking water well you will also
need to complete a well application at the time you pick up the Construction
Authorization Permit. If you will be using a Public Water source no well application is
needed. The.fee for the well application includes having your well water tested for.the
presence of bacteria contamination (coliform).
Prior to obtaining any building inspection permits you must have the Improvement
Permit and Construction Authorization Permit. Per N.C.: Law all Health Departments
permits are subject to be revoked if there are any changes in the site plan or intended
use of the permitted wastewater system.
An Operation Permit will be issued once the septic tank system has.been installed and
approved. If you have any questions please contact this office Monday through Friday
8:30 a.m. to 5:00 P.M.
Sincerely,
'41OA&
A14;1'
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RCDENR
North Carolina Department of Environment and Natural Resources
hlichael F. Easlev. Governor
June 16, 2004
Kim Williams
Land Management Group, Inc
P.O. Box 2522
Wilmington, NC 28402
Subject: Project: Turtle Creek, Lot 1
County: Brunswick
4Vil':iam G. Ross Jr., Secretary
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for non-riparian wetland impacts associated with the subject project. Please note that the decision by the
NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the
U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as
implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects
that will have public benefits, as determined by the DCM, provided that the public benefits clearly outweigh the adverse
effects of the project, and further, that all reasonable means of impact avoidance and minimization have been incorporated
into the project's design.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated June 9, 2004, the wetland restoration that is necessary to satisfy
the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of
mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream
(linear feet) Non-Riparian Wetlands
(acres) Riparian Buffer
ft2)
Impacts 0.10
Mitigation Maximum 0.20
The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section
404 Permit for impacts associated with the subject project in Cataloging Unit 03030005 of the Cape Fear River Basin.
The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
NC DENR Ecosystem Enhancement Grogram
1619 Mail Service Center, Raleigh, North Carolina 27699-1619
Phone: [phone] ; FAX: [phone] i Internet: h2o.enr.state.nc.us wra!
NorthCarolina
,./ aturallry
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if you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Deborah D. Anderson
In-Lieu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
JUN-22-04 11:30 PM SAVE RITE PHHKMRI:Y r•+eb ro fzsJl p r va
t 9 LAND 6tANAGE?dENT 810 452 0080 ; Jun22 OA 10:43Af?1; 9
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TO WHAM IT MAT ',CONC F.R?1
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Vwr, the' under hereb: s ?r Land Management Group Im. to cct as our agent in the
preparation and tatir n of' ?prnmtion refited to the permi? application for Lot tat
Turtle Cuck in 0ak `land, r1c. 41,61cstions in regards to this pr }cct should be directed to
Land h1=gcawm up, Ii c. ?

: {l Sincerely,

I
rr,;;' ,• ,S
B'

6?kr ti s Date

ri ? .r ' ? ?i • 4 1.

DWQ# Oq-1050
Date
Who Reviewed: r 5
?nr
Plan Detail Incotp?e? te
[? r d U?G?L°S aQ? dew i t
Please provide for the project. lha/p
j
F1 Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site Plan.
d Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
?f 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.
d 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 estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please 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,
Mitigation
copies of the site plans and other supporting information.
? 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.
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