20041788 Ver 1_COMPLETE FILE_20041103

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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
November 15, 2004
DWQ Project # 04-1788
New Hanover County
Mr. Richard & Janet Lacy
531'1 Dorchester Road
Greensboro, NC 27407
Subject Property: 8660 River Road, Wilmington, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Ms. Lacy:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
j within or otherwise impact 0.23 acres of wetlands for the purpose of constructing a drive way at the
subject property, as described within your application dated November 1, 2004 and received by the N.C.
Division of Water Quality (DWQ) on November 3, 2004. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404).
The Certification(s) allows you to use Nationwide Permit(s) 14?when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or LAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the' new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NQAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Thje Additional Conditions of the Certification are:
L Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) . Plan Location or Reference
404/LAMA Wetlands 0.23 (acres)
Wetlands Certification Unit
) Mail Servile Center, Raleigh, North Carolina 27699-1650
1 Crabtree Bptdevard, Suite 250, Raleigh, North Carolina 27604
no: 919-733.1786 / FAX [phone] / Internet: httpJ/h2o.enr.state.nc.uslncwetlands
?ee
Carolina
ti;2
2
Mr. & Ms. Lacy
Page 2 of 3
November 15, 2004
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the jmost recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur fin wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be paced in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. 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 the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650. j
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct .
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. Yo must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
i
Mr. & Ms. Lacy
Page 3 of 3
November 15, 2004
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 Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Noelle Lutheran in the DWQ Wilmington Regional Office at 910-395-3900.
Sincerely,
Alan W. Klimek, P. .
AWKlbs
Enclosures: GC 3404
Certificate of Completion
cc: Kim Williams, Land Management Group, Post Office Box 2522, Wilmington, NC 28402
USACE Wilmington Regulatory Field Office
DWQ Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Central Files
Filename: `04-1788 Richard and Janet Lacy (New Hanover) 401
i
401
ISSUED
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3805 G UkA& lle Bruce
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Wdm i ykn, AoA Watdina 28402
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TO: Ms. NoeIle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
November 1, 2004
041788
RE: 41 Water Quality CertificatiOn Application for Dick Lacy, 8660 River Road Site
New Hanover County, NC
Dear Noglle:
.*W#xah epAce:
Y. Q &x 7720
504 V- W&M 92Aeet
,ffankv, W27954
A~ 252-4573-34500
Enclosed is a401 Water Qualify Certification Application for your review. TThis appln is submitted
on behalf of Dick and Janet Lacy for an 8.28-acre tract located offof River Road in Wilmington, NC. The
applicmg is proposing to build a home with the site. Although they have attempted to minimize impacts
through careful site design, wetlands exist along River Road and a road crossing will impact 0.23 acre of
wetlands.
'the Pre-Coffin Noon form, associated maps, wetland survey, and site plan are enclosed
for your review. In addition, the $200 application fee has been sent to Ms. Cyndi Karoly. Please contact me if
you have any questions. Thank you for your assistance with this project.
Sincerely, `
Kim Williams
Wetland Scientist
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EWIL
fat`
C10: Dick and Janet Lacy
Ms. Cyndi Karoly, DWQ 1 ~ ,

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NOV 0 ,3 ?004
DENR - WATER QUALITY
WETLANDS AND TORMWATERBRANCH
Office IJse Only:
pq 17 8 BForm Version May 2002
,
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NW%)
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
?. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information

1. Owner/Applicant Information
D
Name: Mr. Richard & Janet Lacy N 0 V 0 3 2004
Mailing Address: 5311 Dorchester Road.
Greensboro NC 27407 DENR - WATER QUALITY
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: kwilliams2lmgroup.net
Page 5 of 5
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE. requires information to be submitted on sheets no larger than 11 by. 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 8660 River Road
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R08400-002-003-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Take 132 S into Wilmington.
Turn right onto River Road, prior to entering Carolina Beach. Site will be on left (see vicinity
map).
5. Site coordinates, if available (UTM or Lat/Long): 34° 3.90' N 77° 55.30'
(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): 8.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cane Fear River
8. River Basin: Cane 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/admm/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 currently undeveloped. Surrounding land use is
residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 6
The applicant proposes to construct one home and an access driveway within this proPert
track hoe and bulldozer will be used to truck in and level spoil material. The road
construction will follow sedimentation and erosion control plans. A culvert will be installed
at the wetland crossing. Culvert specifications to be determined by the engineer. Silt fences
will be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: To provide access to uplands located within the
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.
Ms. Jennifer Frye of the USACE has reviewed the wetland line in the field and the wetland
survey is included in this application for her to sign.
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 7
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.23 acre of 404 wetlands for a road crossing.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
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/culvert 0.23 yes -600' 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
(FRUr4), 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 og_v.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.94 acres
Total area of wetland impact proposed: 0.23 acre
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

*' 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 fl©oding), 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
Page 8 of 8

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact

(acres) Name Waterbody
(if applicable) Type of Waterbody
(lake' pond, estuary, sound,

bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site design of this project, wetland impacts were minimized to the maximum extent
practicable. However, 404 wetlands exist along the entrance of the tract, off of River Road. In
order to provide access to the tract, a small road crossing is needed. The current site plan was
selected because it crosses the wetlands at the narrowest point. A 24" culvert will be used at the
crossing to provide passage of water and aquatic resources. It should be noted that the applicant
contacted the adjacent property owner to inquire about using their existing access road located to
the north, but the properly owner declined.
Page 9 of 9

VIII. NUtigation
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.
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
lucking 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
biip://h2o.enr.state.ne.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To mitigate for 0.23 acre of wetland impact, the applicant proposes to preserve 2.3 acres of
wetlands on site (located adjacent to River Road).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 10
• i 1 '
Amount of Non riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts -must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify. )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1
2
Total
' Lone 1 extends out 3U feet perpendicular from near bank of channel; Lone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 11

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. S(ormwater (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.
No impervious cover currently exists within the property. The proposed project will create
approximately 0.62 acre of impervious cover, or 7.5% of the entire site. The applicant will install
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The applicant will tie into the County sewer line.
X U. Yiolations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No M
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

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SCALE 1" = 1 Mile
River Road Tract Land Management Group, Inc. FIGURE 1.
New Hanover County, NC Environmental consultants Site Location
Wilmington, N.C.
02,04-205 June 2004

Map Source: Carolina Beach, N.C., 1997, USGS 7.5' Topographic quadrangle. SCALE 1" = 600'
aaaa'
River Road Tract Land Management Group, Inc, FIGURE 2.
New Hanover County, NC Environmental Consultants 1997 Topographic Quadrangle
Wilmington, N.C.
02-04-205 June 2004
k n?ly ?'
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SCALE 1" = 400'
River Road Tract Land Management Group, Inc. FIGURE .
P? Generalized Soils Map
New Hanover County, NC Environmental Consultants New Hanover Tax Map
Wilmington, N.C. Overlay
02-04-205 June 2004
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Proposed 404 wetland impacts (0.23 ac)
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SCALE 1" = 100'
Richard and Janet Lacy Land Management Group, Ine
8660 River Road Environmental Consultants Figure 4. Preliminary site plan
New Ianover County, NC Wilmington, N.C. showing proposed wetland impacts.
Permit Application October 2004

0+10' 0+20'
0+30' 0+40'
0+50'
Horizontal: 1" =10'
Vertical.: 1" =10'
Typical Profile of Access Driveway
Proposed Grade
1 24" pipe culvert
Existing Grad
Utilities
NOT TO SCALE
NOTE: Final culvert specifications to be determined by project engineer.
Richard and Janet Lacy Land Management Group, Inc.
8{660 River Road Figure 5. Typical Road
? Environmental Consultants
NewIanover County, NC Wilmington, NC Cross-Sections
1??ermit Application October 2004
Typical Cross-Section of Access Driveway
Proposed
38'-wide impact
3' 3'
shoulder 12'-wide road shoulder
2.5 2.5
Proposed Grade
Z r % Existing Grade
Utilities Sewer Water main
i
t
Oct 30'04 11:08a RICHARD R. LACY
IW 27/2004 17:01 9104520860
I
336 2991271
LANDMANAGEMENT
AGENT AUTHORIZATION FORM
A.2
PAGE 03/03
Uwe, the undersigned, hereby authorise Land' Management Group, Inc. to act as our agetit in the
preparation and representation of information related to the permit application for the site toeatcd
at 8660 River Road. All questions in. regards to this project sbould be directed to Land
Management Group. Inc.
i
Sincerely,
OwnerlApplicant
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Office Use Only: p QForm Version May 2002
USAGE Action ID No. DWQ No.o 4 1 8
k11 duy pGlmulm 1LGill 1J llVl appnuilu1G LV LI11J Pl Ui VUL, PlUdbU VULG1 IN UL IIIPPHUdU1G V1 1V/1"1 .)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information D
Name: Mr. Richard & Janet Lacy N 0 V 0 3 p g4
Mailing Address: 5311 Dorchester Road
UENR WATER QUALITY
Greensboro, NC 27407
H
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: kwilliams(a hgroup.net
Page 5 of 5
I
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by ,17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: 8660 River Road
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN): R08400-002-003-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Take 132 S into Wilmington.
Turn right onto River Road, prior to entering Carolina Beach. Site will be on left (see vicinity
5. Site coordinates, if available (UTM or Lat/Long): 34° 3.90' N 77° 55.30'
(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): 8.28 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Cape Fear River
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 currently undeveloped. Surrounding land use, is
residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 6
The applicant proposes to construct one home and an access driveway within this properly A
track hoe and bulldozer will be used to truck in and level spoil material. The road
construction will follow sedimentation and erosion control plans. A culvert will be installed
at the wetland crossing. Culvert specifications to be determined by the engineer. Silt fences
will be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: To provide. access to uplands located within the
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.
Ms. Jennifer Frye of the USACE has reviewed the wetland line in the field and the wetland
survey is included in this application for her to sign.
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.
LT_
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 7
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.23 acre of 404 wetlands for a road crossing
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indi ate on map)
Type of Impact* Area of
Impact
(acres) Located within
-100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill/culvert 0.23 yes X600' 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
(FI)RM), 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: 2.94 acres
Total area of wetland impact proposed: 0.23 acre
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indic to on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases ecify)

* 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
Emv .usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com
www.mapquest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
Page 8 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact

(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site design of this project, wetland impacts were minimized to the maximum extent
practicable. However, 404 wetlands exist along the entrance of the tract, off of River Road. In
order to provide access to the tract, a small road crossing is needed. The current site plan was
selected because it crosses the wetlands at the narrowest point. A 24" culvert will be used at the
crossing to provide passage of water and gguatic resources. It should be noted that the applicant
contacted the adjacent property owner to inquire about using their existing access road located to
the north, but the property owner declined.
Page 9 of 9
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.
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
hM?://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To mitigate for 0.23 acre of wetland impact the applicant proposes to preserve 2.3 acres of
wetlands on site (located adjacent to River Road).
!2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.hbn. 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;
Page 10 of 10

Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts-must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1
2
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 11

{
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious cover currently_ exists within the property. The proposed proiect will create
approximately 0.62 acre of impervious cover, or 7.5% of the entire site. The applicant will install
silt fencing around the construction area to reduce erosion into 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.
The applicant will tie into the County sewer line.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No M
Is this an after-the-fact permit application?
Yes ? No M
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
i
SITE
SCALE 1" = 1 Mile
Ma S I urce: Del-orme: North Carolina Atlas and Gazetteer., 1997 .87.
River Road Tract Land Management Group, Inc. FIGURE 1.
New Hanover County, NC Environmental Consultants Site Location
Wilmington, N.C.
n,?,j,r, June 2004
Map Source: Carolina Beach, N.C., 1997, USGS 7.5' Topographic quadrangle. SCALE 1" = 600'
River Road Tract Land Management Group, Inc. FIGURE 2.
New Hanover County, NC Envimnmental consul
Wilmington, N.C. 1997 Topographic Quadrangle
f17 f1A -InC June 2004
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L Proposed 404 wetland impacts (0.23 ac)
SCALE 1"= 100'
Richard and Janet Lacy Land Management Group, Inc.
8660 River Road Environmental Consultants Figure 4. Preliminary site plan
New Hanover County, NC Wilmington, N.C. showing proposed wetland impacts.
Permit Application October 2004

Typical Cross-Section of Access Driveway
0+20'
0+10' Proposed
0+0' L-
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0+10' 0+20' 0+30' 0+40' 0+50'
Horizontal: 1" = 10'
Vertical: 1" = 10'
Tvnical Profile of Access Drivewa
Proposed Grade i -
1 24" pipe culvert
Existing Grade
Utilities
NOT TO SCALE
NOTE: Final culvert specifications to be determined by project engineer.
Richard and Janet Lacy Land Management Group, Inc.
8660 River Road Environmental Consultants Figure 5. Typical Road
New Hanover County, NC Wilmington, NC Cross-Sections
Permit Application October 2004
38'-wide impact
shoulder 12'-wide road shoulder
25 2.5
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LAND MANAGEMENT GROUP, INC.
ENVIRONMENTAL CONSUL-TANTS
North Carolina Division of Water (duality
Date Type Reference
10/29/2004 Bill Permit fee
10/29/2004
Original Amt. Balance Due Discount
200.00 200.00
Check Amount
N 0 V D 3 2004
DENR - WATER QUAI, ITV
WETLANDS AND STORM v,
.
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23910
Payment
200.00
200.00
Coastal Federal Bank 401 Water Quality Application Fee 200.00