20031500 Ver 1_COMPLETE FILE_20090101

MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: Bick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Powelleo, LLC County Brunswick
Project Number 03 1500 County2
Recvd From APP Region Wilmington
Received Date 12/1/03 Recvd By Region
Project Type
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet II:
Type Type Impact Score Index Prim. Supp. Basin Req. Req. rli-t e'li++=sot `
14 freshwate O Y O N 15-25-2-8 C SNVHQNv 3x0,759. 0.12 149.40 149.40
?_OY ON ???Ir-I -?? ?-
Mitigation Wetland
MitigationType Type Acres Feet
Stream restoration Stream I - 149.40
Wetland restore freshwater 0.12
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? OQ Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
This project has been placed on hold for additional information.
Additional Information was received on February 9, 2004.
This office has no objection to the eject as proposed provided that all of the conditions of General
Water Quality Certification #3402 and the additional conditions listed in the written 401 Water Quality
Cetification are met. Mitigation for 150' of stream impacts is required. Payment to WRP for 300' of
stream impacts and 0.24 acres of riparian wetlands is proposed due to the USACOE request for 2:1
mitigation.
The 401 Water Quality Certification was issued on March 26, 2004. NML
cc: Regional Office
Central Office Page Number 1
Facility Name Powellco, LLC County Brunswick
Project Number 03 1500 Regional Contact:
Date:
Comments (continued from page 1):
Noelle Lutheran
cc: Regional Office
Central Office Page Number 2
POlfialELLco, LLC
Post Office Box 750 • North Myrtle Beach, S.C. • Telephone [phone] * Fax: [phone]
February 7, 2004
Noelle Lutheran, Environmental Specialist III
N.C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
CERTIFIED MAIL: 7001 1940 0000 4811 7283
RETURN RECEIPT REQUESTED
WETLANDS / 401 GROUP
FEES 0 S 2004
RE: Powellco, LLC
DWQ Project #031500
Brunswick County
Dear Ms. Lutheran:
WATER QUALITY SECTION
I am in receipt of your letter dated January 21, 2004 on the above referenced project. My response to
each item is as follows:
Item 1. This property is purchased for investment/development. Therefore, an alternative site is not an
option.
A number of Site Plan Concepts have been proposed for the site, but no concept will work without drives
for ingress-egress across Charles Branch and the adjacent wetland.
As you can see from the Site Plan, the property is of an unusual configuration (as to depth). NCDOT is
under design for planned improvements for the relocation of Smith Avenue that moves the existing right-
of-way southwest into the subject property approximately 0.56 acres along with taking (+/-) 7 feet of depth
along Hwy. 17 leaving approximately 0.99 acres (inclusive of wetlands) for development. Due to the
volume of traffic and safety issues, NCDOT will not grant an encroachment permit for a drive on Smith
Avenue and will only allow one (1) right-in and right-out drive along Hwy. 17 which severely restricts
ingress-egress to the site.
Due to NCDOT's position, we are having to acquire a cross-easement from the adjacent shopping center
for adequate ingress-egress to the property. Therefore, in order to meet the Town of Shallotte's parking
requirements and adequate traffic flow, it is necessary to impact the adjacent wetland / Charles Branch in
the three (3) locations as shown.
Item 2. Cross-section detail provided & attached hereto.
In regard to aggradation, degradation or significant changes in hydrology of the stream, it was required by
the USACOE that we propose installation of the same size culverts [two (2) 8' x 6' box culverts buried one
(1) foot] that NCDOT proposes for the relocation of Smith Avenue adjacent and upstream from the
subject property.
Also, I make reference to the permit drawings that show (2) existing 6'x6' box culverts under Hwy. 17
adjacent to the subject property downstream. Therefore, there is no significant change in hydrology of
the stream that would occur as a result of the proposed culvert installation.
Item 3. Please see enclosed acceptance letter from W RP in regard to 150 feet of required stream
mitigation.
Ms. Noelle Lutheran
February 7, 2004
Page Two
Item 4. The Site Plan has not been approved by the final user to date; therefore, the design drawings
and stormwater plan have not been developed to date. The development plan is to disturb less than one
(1) acre. However, once the final site plan has been approved, our intent is to apply for and secure a
state Stormwater Management Permit prior to impacts to waters/wetlands.
For your reference, I have enclosed a copy of my application and documents submitted to USACOE.
have also attached a copy of the USACOE Permit (Nationwide Permit 14 Verification) for the subject
property. Please let me know if you need copies of the attachments to the permit.
I trust that this will address DWQ's concerns. If you should need any further information, please advise
and I thank you in advance for your prompt attention to this request.
Sincerely,
POW ELLco, LLC
J
BznP:.P II,
Attachments
Cc: Cyndi Karoly -Wetlands Group
M
F WATE
? 1Y Michael F. Easley, Governor
Willi
S
O? am G. Ross Jr.,
ecretary
North Carolina Department of Environment and Natural Resources
\
r Alan W. Klimek, P. E. Director
Division of Water Quality
O -? Coleen H. Sullins, Deputy Director
Division of Water Quality
January 21, 2004
CERTIFIED MAIL: 7003 1010 0000 0032 3017
RETURN RECEIPT REQUESTED
Mr. Ben Powell, P.E.
PO Box 4142
North Myrtle Beach, SC 29597
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Powellco, LLC
DWQ Project # 031500
Brunswick County
Dear Mr. Powell:
This Office has reviewed your Pre Construction Notification application and is placing your
project on hold until we receive the following additional information:
V 1. As part of the permitting process, you must demonstrate that there is no other practical
alternative (alternative sites?) and you must avoid/minimize impacts to wetlands/waters to the
maximum extent practicable. Please demonstrate that there is no other appropriate site in the
area to locate your business that result in less impacts, and demonstrate why your business
/ requires the number of ingress and egress crossings shown on the submitted plans. It appears
V/ that at least one crossing could be eliminated;
2. Please provide a cross-section detail of each culvert proposed in Charlds Branch. DWQ
requires the following for placement of culverts in streams:
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 shotivn to DiVQ 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 ifrequested to do so in writing by DIVQ. 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 tivell as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
Also, please provide engineered calculations that demonstrate aggradation, degradation, or
significant changes in hydrology of the stream will not occur as a result of the proposed culvert
installation;
V;'W.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCOENR

Page Two
Mr. Powell
Janu7'3 1, 2004
Please provide an mitigation acceptance letter from WRP for the 150 feet of required stream
mitigation;
Please provide a drainage plan for the site including the required engineered stormwater
treatment system. If you plan to disturb one acre or more of land, this requirement can be met
by applying for and securing a State Stormwater Management Permit prior to impacts to
waters/wetlands.
Please respond within three weeks of the date of this letter by sending a copy of the information to
Noelle Lutheran 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,
to Noelle Lutheran
Environmental Specialist III
cc: Cyndi Karoly -Wetlands Group
Tom Farrell - Corps of Engineers Wilmington
Noelle Lutheran - WiRO
Jamie McLain - The Brigman Company
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service AMA
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCOENR
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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
December 3, 2003
Ben P. Powell, Jr.
Powell Company, LLC
P.O. Box 750
North Myrtle Beach, SC 29597
Subject: Project: Charles Branch
County: Brunswick
William 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
pavment for wetland impacts associated wiih the subject project. Please note that the decision by the NCEEP to accept the mitigation
requirements of this project doei 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 November 24, 2003, the wetland and stream 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 accent for this oroiect is also indicated in this table.
Stream
(linear feet) Riparian Wetlands
(acres) Non-Riparian Wetlands
acres Riparian Buffer
(ft?
Impacts 150 0.12
Mitigation Maximum 300 0.24
The.wetland and stream 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 03040207 of the Lumber 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.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
;nc nald E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Henry Wicker, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
NC DENR Ecosystem Enhancement Program
1019 Mail Service Center, Raleigh, North Carolina 27699-1619
Phone: [phone] FAX: [phone] % Intemet: h2o.enr.state.nc.usAvrp/
NorthCarolina
Naturally
7 %
WETLANDS/ 401 GROUP
FEB 0 D 2004
U.S. ARMY CORPS OF ENGINEERS
Wilmington District WATER QUALITY SECTION
P.O. Box 1890
Wilmington, NC 28402-1890
Action ID: 200201098 County: Brunswick
NATIONWIDE PERMIT 14 VERIFICATION
(Linear Transportation Projects)
:Permittee: POWELLco, LLC
c/o Ben P. Powell, Jr.
P.O. Box 750
N. Myrtle Beach, SC 29597
Property Description: The site is a vacant commercial parcel at 4574 Main Street (Hwy 17 Business),
Shallotte, Brunswick County, North Carolina. The property is at the junction of Main Street and Smith
Avenue. The jurisdictional water of the U.S. on site is the Charles Branch of the Shallotte River.
Latitude: 33.9792°N; Longitude: 78.3772°W.
Description of Activity: The authorized project consists of the installation of six box culverts and
associated fill in Charles Branch for the construction of three driveway crossings as follows:
Crossing No. 1: two 8-ft by 6-ft box culverts. Culvert length: 34 ft. Backfill area: 0.03 acres.
Crossing No. 2: two 8-ft by 6-ft box culverts. Culvert length: 34 ft. Backfill area: 0.03 acres.
Crossing No. 3: two 8-ft by 6-ft box culverts. Culvert length: 75 ft. Backfill area: 0.06 acres.
Total wetland fill for the project is 0.12 acres. The purpose of the crossings is to provide the access to the
commercial property. The crossings will be constructed in accordance with the specifications and
conditions outlined in Nationwide Permit 14 (see attachment 1) and with the attached drawings (see
attachment 3). Mitigation, at a 2-to-1 mitigation-to-mpact ratio, is required and shall be carried out in
accordance with the below-listed special conditions.
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance
with the permit general and regional conditions, with your submitted plans, and with the special conditions
shown below. If your activity is subject to Section 404, before beginning work you must obtain a Section
401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-
1786. Before beginning work for any activity within the 20 coastal counties, you must contact the N.C.
Division of Coastal Management, telephone [phone].
Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Please read and comply with the conditions of the Nationwide Permit. Violations of the conditions of the
referenced NWP may subject you to a stop work order, a restoration order, or appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee from the responsibility to
obtain any other required Federal, state, or local approvals or permits. The permittee may need to contact
POWELLco, LLC
c/o Ben P. Powell, Jr.
Action ID. 200201098
Page 2
appropriate state and local agencies before beginning work. Questions regarding this authorization or any
of the conditions of the Nationwide Permit should be directed to the Corps regulatory official specified
below.
Special Conditions
`l. Culvert requirement. The use of box culverts for the crossings is required and may not be substituted
with round or oval with culverts.
2. In-lieu fee mitigation. To offset the adverse environmental impacts from the authorized project, the
permittee shall pay to the North Carolina Ecosystem Enhancement Program (NC EEP) the amount
NC EEP determines is sufficient to restore 300 linear feet of warm water stream habitat and 0.24
acres of wetland habitat in the Lower Cape Fear River Basin (Hydrologic Unit 03030005) Cataloging
Unit.
The authorized project shall not begin until the permittee has made full payment to the NC EEP and
has provided a copy of the receipt to the Corps of Engineers, Wilmington Regulatory Office and until
the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for
the required mitigation work. This requirement ensures compliance with the memorandum of
understanding between the North Carolina Department of Environment and Natural Resources and
the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
4. Stream maintenance. The permittee shall maintain the remaining unculverted areas of Charles Branch
that pass along the property natural, trash-free condition. The permittee has agreed to maintain the creek
and creek banks free from trash such as paper, plastic, metal, other foreign materials. To achieve this
goal, the permittee shall use manual labor to maintain the site. Maintenance work shall be performed on
90-day intervals.
5. Compliance certification. In accordance with the Nationwide Permit general conditions, the permittee
shall submit a certification of compliance to the Corps of Engineers. The compliance notification form is
attachment 4 of this document.
General and Regional Conditions
The general and regional conditions for nationwide permits are included in Attachment 1. General and
regional conditions must be followed for a nationwide permit to be valid.
Authorization of the Permit:
Name of Permittee:
Effective Date:
Expiration Date of the permit:
Issue date of this verification:
Corps regulatory official:
Nationwide Permit 14, Federal Register Vol. 67, No. 10.
General Public
March 18, 2002
March 19, 2007
January 12, 2004
Thomas Farrell
Telephone: (91 e46

POWELLco, LLC
c/o Ben P. Powell, Jr.
Action ID. 200201098
Page 3
Attachments
Attachment 1: Nationwide Permit 14 plus General and Regional Conditions (21 pages)
Attachment 2: State water quality certification No. 3404 (5 pages)
Attachment 3: Vicinity Map and project drawings (4 pages)
Attachment 4: Compliance Certification (1 page)
cc: Noelle, Lutheran, NCDENR, Wilmington
Ronald W. Ferrell, NCDENR, Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-1619
POWELLco, LLC
Post Office Box 750 . North Myrtle Beach, SC . 29597 • Telephone: [phone] . Fax: [phone]
December 19, 2003
Transmitted Via Fax :
E-Mail:
Original Via U.S. Mail
910-251-4025
[e-mail]
U.S. Army Corps of Engineers
Wilmington Regulatory Office
Attn: Mr. Thomas Farrell
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Powellco, LLC; Road Crossings @ Charles Branch; USACE File No. 200201098
Dear Tom:
Pursuant to our discussions and your letter of December 10, 2003, you will find attached the
additional information requested, addressing items 1 thru 4. They are as follows:
1) Typical Cross-Section
2) Box Culverts for crossing
3) Street Address
4) Cleaning & Maintenance of Charles Branch
My understanding is that this will now deem our application complete: As we discussed
yesterday, it would be greatly appreciated if you could issue the permit by Christmas or before
the year end.
Please let me know if you should need any further information.
Thanks again.
Sincerely,
POWELLCO, LLC
Ben P. P /Z, Jr.
Word: F/DD-Smith/USACE-Letter-Tom Farrell-Road Crossings-Charles Branch 12-13-03

U.S. ARINIY CORPS OF ENGINEERS
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Applicant: PowellCo, LLC
c/o Ben Powell
P.O. Box 4142
N. Myrtle Beach, SC 29597
From: Thomas Farrell
U.S. Army Corps of Engineers Wilmington District
Regulatory Division
P.O. Box 1890
Wilmington, NC 28402
Date: December 10, 2003
RE: Powellco, LLC; Road crossings at Charles Branch; USACE File No. 200201098
Notice of Incomplete Application and Request for Additional Information
Dear Mr. Powell:
Reference is made to your application for a nationwide permit to install 3 road crossings totaling 150 L.F. of stream
impacts and 0.12 acres of wetland impacts in Charles Branch in the Town of Shallotte, Brunswick County, North
Carolina.
The referenced application is insufficient for us to fully evaluate your proposal. In accordance with the
Federal Register, Vol. 67, No. 10/Tuesday, January 15, 2002, please submit the information requested
below.
/ 1. Include a representative cross-section of the culverts and side slopes.
/ 2. According to our DOT coordinator, new culverts associated with the Charles Branch stream work will be box
culverts vs. round or oval culverts. Please modify your design to include box culverts for the crossings.
/ . Please supply the street address associated with the property.
4. The compensatory mitigation includes a proposal to clean and maintain the sections of the stream that will be
left natural. Please provide more details (specifications) regarding activities and scheduling you propose.
As the application is considered incomplete at this time, no additional action will be taken on it until the above-
requested information and drawings have been received. We request that you provide this information within 30
days of the date of this memo. Please include the referenced file name and number when referring to this permit in
your correspondence to this office. If you have any questions regarding this request, please contact me at (910)
251-4466.
Sincerely,
Thomas Farrell
Biologist
Wilmington Regulatory Office

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CLEANING & MAINTENANCE OF REMAINDER OF CHARLES BRANCH
The cleaning and maintenance proposed is keeping the subject area of Charles Branch clean of
trash, debris, etc. that might come in from the adjacent existing shopping center or from up
stream. No mechanical equipment will be used. It will be maintained by manual labor. The
intent is to keep the area maintained and left natural. This maintenance procedure will be
performed periodically, approximately every 90 days or as needed.
STREET ADDRESS
The street address of the subject property is: 4574 Main Street / Business 17
Shallotte, N.C.
Word:F/DD-Smith/Charles Branch Cleaning-Maintenance 12-10-03
POWELLco, LLC
Post Office Box 750 . North Myrtle Beach, SC • 29597 . Telephone: [phone] . Fax: [phone]
November 26, 2003
Transmitted Via Federal Express - Airbill# 8401 9921 6112
U.S. Army Corps of Engineers
Wilmington Regulatory Office
Attn: Mr. Thomas Farrell
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Nationwide Permit #14 Smith Avenue/Charles Branch, Shallotte, N.C.
(USACE File 200201098)
Dear Tom:
You will please find attached the following documents on the above referenced project.
• Copy of "Notification of Jurisdictional Determination", Wetland Delineation Letter & Map
• Vicinity Map indicating location of subject property
• Nationwide Permit Application & Attachments
• 8 Y2 x 11 & 11 X 17 reduced copy of proposed Site Plan showing the proposed
improvements & Wetland Impact Areas 1,2,& 3
• 8 % x 11 copy of Shallotte quadrangle with site location
8 Yx 11 copy of Soil Maps with site location
• 8 %z x 11 color aerial photo with site location
• Copy of my transmittal to Mr. Jeff Jurek of NCWRP
• Copy of my transmittal to NCDWQ
Please let me know if there should be any additional information required to deem this
application complete. I will call the first of next week to make sure you have received and to set
an appointment as soon as possible so that we can discuss my request, and to make sure that
there are no other requirements or agencies that need to be notified.
Thanks so much for your assistance thus far. Anything that you can do to expedite this request
will be greatly appreciated.
Sincerely,
POWELLCO, LLC
C. Ben P. P el , r.
Cc: Division of Water Quality, Raleigh, NC (w/attachments)
!( U.S. AP.N1Y CORPS OF ENGINEERS
Wilmington District
Action ID: 200201098 County: Brunswick
Notification of Jurisdictional Determination
Applicant: Powellco, LLC
c/o Ben Powell, P.E.
P.O. Box 4142
North Myrtle Beach, SC 29597
Agent: The Brigman Company, Inc.
c/o Jamie McLain
P.O. Box 1532
Conway, SC 29528
UTIM: Zone 17; 747229 E; 3762657 N
Size-and Location of Property (water body, Eighway namelnumber, town, etc.): The delineated site is in the Charles Branch
of the Shallotte River. The site is adjacent to Smith Avenue at its junction with U.S. 17 (Business), Shallotte, Brunswick County,
North Carolina.
Basis of Determination: The determination is based on site visit conducted by Thomas Farrell on August 28, 2002. The delineated
wetland and waters of the U.S. are shown in Attachment 1, a survey by Powell Associates of NMB, Inc., 1600 6`h Ave., N. Myrtle
Beach, SC 29582. The survey is signed by Ben P. Powell, PLS, Seal No. L-2597, project No. 02-500, dated September 16, 2002.
Indicate which of the following apply:
4 The wetlands on your lot have been delineated and the limits of Corps jurisdiction have be=
explained to you Unless there is a change in the law or our published regulations, this determination may
be relied upon for a period not to exceed 5 years from the date of this notification.
4 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office
of Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Arty permit is in most cases a
violation of Section 301 of the Clean Water Act (33 USC 13 11), A permit is not required for work on the property restricted
entirely to existing high ground. If you have questions regarding the Corps of Engincers "regulatory program, please contactThomas
Farrell at [phone].
Project Manager Signa e
nornie Fnrrrll
Date: November 20, 2002 Expiration Date: November 20, 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST
BE ATTACHED TO THE FILE COPY OF THIS FORM.
Attachments: (1) Survey by Powell Associates ofNMB, Inc.,
(2) Notification of Administrative Appeal Options
CC: Bri??*T+.. an Co., Inc., Conway, SC
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Office Use Only: Form Version Nlay 2002
USACE Action ID No. DWQ No.
ktr any parttcutar 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:
?R Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification( if required)
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: 0
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: ?
See letter under separate cover from DNER/CAMA (No CAMA Permit required)
II. Applicant Information
1. Owner/Applicant Information
Name: Powellco, LLC
Mailing Address: P .O. Box 750
N. Myrtle Beach, SC 29597
Telephone Number: d4J-ZJZ-33n X24 Fax Number: 843-272-7666
E-mail Address: bi)[e-mail]
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:
Company Affiliation:
1?failin- Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Powellco, LLC, Smith Avenue-Business 17, Shallotte
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIS: 19800019
4. Location
County: Brunswick Nearest Town: Shallotte
Subdivision name (include phaseilot number): N/A
Directions to site (include road numbers, landmarks, etc.): Traveli south on U.S. H . 17
By-Pass from Wilmington to Smith Ave., take e t on m ve. go its
intersection with Business 17. The subject property is on the right In-front
of Twin Creek Plaza Shopping Center.
5. Site coordinates; if available (UTiVf or Lat/Long): UTM: Zone 17.,747229E; 3762657N
(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): 0.99 acres
7. Nearest body of water (stream/river/sound/ccean/lake): Adjacent to Charles Branch
8. River Basin: Charles Branch runs eventually to Shallotte River
(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/mans/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing site is unimproved. The site is surrounded
by paved streets (Smith ve., Hwy. business n ree za ingress-
egress drive) The subject property is zoned H.C. w y the
adjacent property is an improved shopping center (Twin Creek Plaza
Paee 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Place two
(2) 77" x 121" (147 L.F. total) oval culverts, backfill to grade & pave the
ree r ves. Sedimentation Erosion Control Measures along with Best
Management Practice will be implemented during pre-&-post-construction
Backhoe & dozers will be used-in the construction; however, no equipment will
be allowed-in the undisturbed rema n ng.wet an areas.
11. Explain the purpose of the proposed work: To provide minimum appropriate ingress-
egress (access) drives to the site meet the minimum design & development
standards for the Town of Shallotte.
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.
See attached USACE approved "Notification of Jurisdictional Delineation" &
map. (File 1200201098)
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.
None anticipated at this date.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Culvert 149.4 l.f. (along
centerline) of Charles Branch & fill 0.12 acres o wetlands.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on mao)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet)
Type cf Wetland**'
1 Culvert & Fi ll 0.03 Yes -0- Channelized fresh
2 Culvert & Fi ll 0.03 Yes -0- Channelized fresh
3 Culvert F. Fi 1 0.06 Yes -0- hannelized fresh

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 floodplaias are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIR., or FENIA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htta://www.fema.;ov.
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).
ater
ater
ater
List the total acreage (estimated) of all existing wetlands on the property:0.30 acres of the 0.99
Total area of wetland impact proposed: 0.12 acres acre parcel
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
inear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please soeci
1 Culvert&F Charles Branch - Perennial
Culver t Char -Les ran -
3 Culvert&Fil 80.94 Charles Branch 6' +/- Perennial

' 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 act 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 LT (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.zov. Several internet sites also allow direct download and printing of USGS maps (e.g., ww-.rooozone.com.
www.maDQuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 149.4 L.F.
Page 3 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: See Item 2.
Open Water Impact
Site Number
indicate on man)
Type of Impact' Area of
Impact
acres) Name of Waterbody
(iapplicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

....,. ?- ScN.afulziy auu waawy minporary impacts. impacts metude, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
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.
See Attached.
VIII. INEtigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmside.htm1.
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.
See Attached.
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): 149.4 L.F.
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland miti gation requested (acres): 0.12 Acres o pact
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 (federaUstate) funds or the use of public
(federaUstate) land?
Yes ? No 71
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPAISEPA)?
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 ?
Y. 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' (sqImpact uare feet) Multiplier R treat on
1 3
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Site is comprised of 0.99 acres total (0.30 acres wetland & 0.69 acres upland)
The total proposed impervious area is 0.57 acres. A stormwater collection-
exfiltration system will be installed. Any run--off in excess of exfi tration
will go over sod-grass swa es before discharging into Charles branch.
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.
Wastewater to be discharged to the Town of Shallotte sewer system.
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.
VIII. 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).
11-25-03
'Applicant/Ab ibn reBen P. Fo4ell coJr., Member- Date
(Agents signature is valid if an aut orianon letter from the applicant is provided.)
Page 12 of 12
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POWELLco, LLC
Post Office Box 750 • North Myrtle Beach, SC . 29597 . Telephone: [phone] • Fax: [phone]
November 24, 2003
Transmitted Via Fax [phone] (6 pages)
Mr. Jeff Jurek
NCWRP
1619 Mail Service Center
Raleigh, NC 27699-1619
RE: . Wetland Mitigation - Charles Branch
Smith Avenue, Hwy. 17 Business, Shallotte, NC
Dear Jeff:
Pursuant to our telephone conversation this past Friday, November 21, 2003, this Fax
Transmittal is to request approval for compensation mitigation in an approved NCWRP
Mitigation Land Bank.
For your reference, I have attached the following documents to support my request.
• A copy of U.S. Army Corps of Engineers approved Wetland Delineation Letter & Map
• A Vicinity Map indicating the subject property
• A reduced copy of the proposed Site Plan indicating the proposed fill area.
As you can see from the Site Plan, the property is of an unusual configuration ( as to depth).
NCDOT has planned improvements for the relocation of Smith Avenue that moves the existing
right-of-way southwest into the subject property approximately 0.56 acres leaving approximately
0.99 acres. (inclusive of wetlands) for development.
We are having to acquire a cross-easement from the adjacent shopping center for adequate
ingress-egress to the property. Therefore, in order to meet the Town of Shallotte's parking
requirements and adequate traffic flow, it is necessary to impact the adjacent wetland / Charles
Branch. Per Henry Wicker/U.S. Army Corps of Engineers, this is allowed thru Nationwide 14
Permit. Per Caroline Bellis of NCDENR, Charles Branch and the wetland is not Tidal and
therefore, not in CAMA jurisdiction. I have a letter forthcoming verifying DENR determination.
The impact is as follows:
• 149.4 linear feet along centerline of Charles Branch
0 0.12 acres of wetlands

Mr. Jeff Jurek
NCWRP
November 24, 2003
Page Two
Please let me know if you should need any further information. I am coordinating this effort with
the Nationwide 14 permit process and need to know as soon as possible that the credits are
available in a NCWRP Site and the cost of credits for mitigation.
Thank you for your information and assistance thus far. Anything that you can do to expedite
this request will be greatly appreciated.
Sincerely,
POWELLCO, LLC
Ben P.A e
.
Attachments
Word: F/DD-Smith/NCWRP-Fax Letter-Wetland Mitigation 11-24-03

POWELLco, LLC
Post Office Box 750 • North Myrtle Beach, SC . 29597 • Telephone: [phone] • Fax: [phone]
November 26, 2003
Transmitted Via Federal Express - Airbill# 8401 9921 6123
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: . 'Application for 401 Water Quality Certification
Nationwide Permit #14 Smith Avenue/Charles Branch, Shallctte, N.C.
(USACE File 200201098)
Dear Sir/Madam:
Pursuant to the Pre-Construction Notification (PCN) requirements, you will please find attached
seven (7) collated copies of all USACE Permit Application and Supporting Documents on the
above referenced property, along with a check payable to DWQ in the amount of $200.00.
Please let me know when your office receives this package and if there should be any additional
information required and if, in fact, a 401 Water Quality Certification is required.
Thank you very much for your assistance.
Sincerely,
POWELLCO, LLC
Ben P. Powe , Jr.
Cc: Tom Farrell, USACE, Wilmington District
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POWELLco, LLC
Post Office Box 750 • North Myrtle Beach, SC • 29597 • Telephone: [phone] • Fax: [phone]
ti"l MMIDS / 401 GROUP
DEC 0 1 2003
November 26, 2003 WATER QUALITY SECTION
Transmitted Via Federal Express - Airbill# 8401 9921 6123
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center n
Raleigh, NC 27699-1650 5 0 0
RE: Application for 401 Water Quality Certification
Nationwide Permit #14 Smith Avenue/Charles Branch, Shallotte, N.C.
(USACE File 200201098)
Dear Sir/Madam:
Pursuant to the Pre-Construction Notification (PCN) requirements, you will please find attached
seven (7) collated copies of all USACE Permit Application and Supporting Documents on the
above referenced property, along with a check payable to DWQ in the amount of $200.00.
Please let me know when your office receives this package and if there should be any additional
information required and if, in fact, a 401 Water Quality Certification is required.
Thank you very much for your assistance.
Sincerely,
POWELLCO, LLC
Ben P. Powe I, Jr.
Cc: Tom Farrell, USACE, Wilmington District
. 7

POWELLco, LLC
Post Office Box 750 • North Myrtle Beach, SC . 29597 • Telephova tff p? df D043-272-7666
DEC 0 1 2003
November 26, 2003 WATER QUALITY SEC7701?1
Transmitted Via Federal Express - Airbill# 8401 9921 6112
U.S. Army Corps of Engineers
Wilmington Regulatory Office
Attn: Mr. Thomas Farrell
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Nationwide Permit #14 Smith Avenue/Charles Branch, Shallotte, N.C.
(USACE File 200201098)
Dear Tom:
You will please find attached the following documents on the above referenced project.
• Copy of "Notification of Jurisdictional Determination", Wetland Delineation Letter & Map
• Vicinity Map indicating location of subject property
• Nationwide Permit Application & Attachments
• 8 '/2 x 11 & 11 X 17 reduced copy of proposed Site Plan showing the proposed
improvements & Wetland Impact Areas 1,2,& 3
• 8 Yx 11 copy of Shallotte quadrangle with site location
81/2x 11 copy of Soil Maps with site location
• 8 Y/2 x 11 color aerial photo with site location
• Copy of my transmittal to Mr. Jeff Jurek of NCWRP
• Copy of my transmittal to NCDWQ
Please let me know if there should be any additional information required to deem this
application complete. I will call the first of next week to make sure you have received and to set
an appointment as soon as possible so that we can discuss my request, and to make sure that
there are no other requirements or agencies that need to be notified.
Thanks so much for your assistance thus far. Anything that you can do to expedite this request
will be greatly appreciated.
Sincerely,
POWELLCO, LLC
. Ben P. P el , .
Cc: Division of Water Quality, Raleigh, NC (w/attachments)
f
U.S. AR?'LfY CORPS OF ENGINEERS
Wilmington District
Action ID: 200201098 County: Brunswick
Notification of Jurisdictional Determination
Applicant: Powellco, LLC
c/o Ben Powell, P.E.
P.O. Box 4142
North Myrtle Beach, SC 29597
Agent: The Brigman Company, Inc.
c/o Jamie McLain
P.O. Box 1532
Conway, SC 29528
UTr1: Zone 17; 747229 E; 3762657 N
Size and Location of Property (water body, Highway name/number, town, etc.): The delineated site is in the Charles Branch
of the Shallotte River. The site is adjacent to Smith-Avenue at its unction with U.S. 17 (Business), Shallotte, Brunswick County,
North Carolina.
Basis of Determination: The determination is based on site visit conducted by Thomas Farrell on August 28, 2002. The delineated
wetland and waters of the U.S. are shown in Attachment 1, a survey by Powell Associates of NMB, Inc., 1600 6`s Ave., N. Myrtle
Beach, SC 29582. The survey is signed by Ben P. Powell, PLS, Seal No. L-2597, project No. 02-500, dated September 16, 2002.
Indicate which of the following apply:
3 The wetlands on your lot have been delineated and the limits of Corps jurisdiction have been
explained to you. Unless there is a change in the law or our published regulations, this determination may
be relied upon for a period not to exceed 5 years from the date of this notification.
4 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office
of Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a
violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted
entirely to existing high ground. If you have questions regarding the Corps of Engineers regulatory program, please contactThomas
Farrell at [phone].
Project Manager Signa e
nnma_ S, Fi1Tf-11
Date: November 20, 2002 Expiration Date: November 20, 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST
BE ATTACHED TO THE FILE COPY OF THIS FORM.
Attachments: (1) Survey by Powell Associates ofNMB, Inc.,
(2) Notification of Administrative Appeal Options
CC: Brignan Co., Inc., Conway, SC
I ,

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VICINITY MAP
Office Use Only: Form Version Nfay 2002
USACE Action ID No. DWQ No.
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rule's
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification( if required)
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: FK]
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: Q
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: ?
See letter under separate cover from DNER/CAMA (No CAMA Permit required)
II. Applicant Information
1. Owner/Applicant Information
Name: Powellco, LLC
Mailing Address: P.O. Box 750
N. Myrtle Beach, SC 29597
Telephone Number: d4J-272-332.5 Fax Number: 843-272-7666
E-mail Address: [e-mail]
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
Name of project: Powellco, LLC, Smith Avenue-Business 17, Shallotte
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 19800019
4. Location
County: Brunswick Nearest Town: Shallotte
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Traveling south on U.S. Hwy. 17
By-Pass from Wilmington to Smith Ave., take leftSmith Ave-757 go to its
intersection with Business 17. The subject property is on the right in front
of Twin Creek Plaza Shopping Center.
5. Site coordinates, if available (UTI'vI or Lat/Long): UTM: Zone 17. , 747229E; 3762657N
(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): 0.99 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Adjacent to Charles Branch
8. River Basin: Charles Branch runs eventually to Shallotte River
(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: Existing site is unimproved. The site is surrounded
by paved streets (Smith Ave., wy. Business n ree aza i••-
egress drive) The subject property is zoned H.C. way the
adjacent property is an improved shopping center (Twin Creek Plaza
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Place two
(2) 77" x 121" (147 L.F. total) oval culverts, backfill to grade & pave the
three r ves. Sedimentation & Erosion Control Measures along with Best
Management Practice will be implemented during pre-&-post-construction.
Backhoe & dozers will be used-in the construction; however, no equipment will
be allowed in the undisturbed rema n ng,wet an areas.
11. Explain the purpose of the proposed work: To provide minimum appropriate ingress-
egress (access) drives to the site meet the minimum design & development
standards for the Town of Shallotte.
IV.
V.
VI.
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.
See attached USACE approved "Notification of Jurisdictional Delineation" &
map. (File #200201098)
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.
None anticipated at this date.
Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Culvert 149.4 1. f . (along
centerline) of Charles Branch & fill 0.12 acres o wetlands.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet)
Type of Wetland***
1 Culvert & Fi ll 0.03 Yes -0- hannelized fresh16
2 Culvert & Fi ll 0.03 Yes -0- hannelized fresh
3 Culvert & Fi 1 0.06 Yes -0- hannelized fresh

List eacn impact separatery and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/dminage, 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 flcodplaia maps. Maps are available through the FEMA Map Service Center at 1-300-358-9616, or
online at htm://www.fema.yov.
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 wedand is isolated (determination of isolation to be made by USACE only).
ater
ater
'ater
List the total acreage (estimated) of all existing wetlands on the property:0.30 acres of the 0.99
Total area of wetland impact proposed: 0.12 acres acre parcel
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci
1 Culvert&Fi ar es ranc - Perennial
Culver t r es Branch - Perennial
3 Culvert&Fil 80.94 Charles Branch 6' +/- Perennial

List each impact separately and tdennty temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain):
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.2ov. Several intemet sites also allow direct download and printing of USGS traps (e.g., www.tooozone.com.
www.maoguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 149.4 L . F .
Page 3 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: See Itea 2.
Open Water Impact
Site Number

indicate on ma)
Type of Impact* Area of
Impact

(acres)

Name of Waterbody
(if applicable) Type of Waterbody

estuary, sound,
(lake, pond,
(l
bay, ocean, etc.

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
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.
See Attached.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmQide.htm1.
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.
See Attached.
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): 149.4 L.F.
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.12 Acres o Impact
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 (federaUstate) funds or the use of public
(federaUstate) land?
Yes ? No Fx1
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 213 .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
Mitieation
1 3
2 1.5
Total
' Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Site is comprised of 0.99 acres total (0.30 acres wetland & 0.69 acres upland).
The total proposed impervious area is 0.57 acres. A stormwater collection-
exfiltration system will be installed. Any run-o n excess o tration
will go over sod-grass swa es De fore sc rg ug into Charles branch.
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.
Wastewater to be discharged to the Town of Shallotte sewer system.
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.
XIU. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No FL]
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).
1-25-03
Applicaat/Agentts SignatureBen P. Poi
(Agent's signature is valid only if an au or ation
Member- ate
the applicant i provided.)
Page 12 of 12
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POWELLco, LLC
Post Office Box 750 • North Myrtle Beach, SC • 29597 . Telephone: [phone] • Fax: [phone]
November 24, 2003
Transmitted Via Fax [phone] (6 pages)
Mr. Jeff Jurek
NCWRP
1619 Mail Service Center
Raleigh, NC 27699-1619
RE: " Wetland Mitigation - Charles Branch
Smith Avenue, Hwy. 17 Business, Shallotte, NC
Dear Jeff:
Pursuant to our telephone conversation this past Friday, November 21, 2003, this Fax
Transmittal is to request approval for compensation mitigation in an approved NCWRP
Mitigation Land Bank.
For your reference, I have attached the following documents to support my request.
• A copy of U.S. Army Corps of Engineers approved Wetland Delineation Letter & Map
• A Vicinity Map indicating the subject property
• A reduced copy of the proposed Site Plan indicating the proposed fill area.
As you can see from the Site Plan, the property is of an unusual configuration ( as to depth).
NCDOT has planned improvements for the relocation of Smith Avenue that moves the existing
_ right-of-way southwest into the subject property approximately 0.56 acres leaving approximately
0.99 acres (inclusive of wetlands) for development.
We are having to acquire a cross-easement from the adjacent shopping center for adequate
ingress-egress to the property. Therefore, in order to meet the Town of Shallotte's parking
requirements and adequate traffic flow, it is necessary to impact the adjacent wetland / Charles
Branch. Per Henry Wicker/U.S. Army Corps of Engineers, this is allowed thru Nationwide 14
Permit. Per Caroline Bellis of NCDENR, Charles Branch and the wetland is not Tidal and
therefore, not in CAMA jurisdiction. I have a letter forthcoming verifying DENR determination.
The impact is as follows:
• 149.4 linear feet along centerline of Charles Branch
• 0.12 acres of wetlands
Mr. Jeff Jurek
NCWRP
November 24, 2003
Page Two
Please let me know if you should need any further information. I am coordinating this effort with
the Nationwide 14 permit process and need to know as soon as possible that the credits are
available in a NCWRP Site and the cost of credits for mitigation.
Thank you for your information and assistance thus far. Anything that you can do to expedite
this request will be greatly appreciated.
Sincerely,
POWELLCO, LLC
Ben P.A PellJr.
Attachments
Word: F/DD-Smith/NCWRP-Fax Letter-Wetland Mitigation 11-24-03