20011767 Ver 1_COMPLETE FILE_20011130 (2)

W A TF Michael F. Easley, Governor
\O?? RPG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
> Acting Director
O .? Division of Water (Quality
January 23, 2002\-T
of ,
f? , ? I? Ia 1
Sloop Point Plantation
c/o Mr. Jay Tervo j
2307 Mimosa Place
Wilmington, NC 28403
SUBJECT: Approval of 401 Water Quality and Additional
Conditions
Sloop Point Plantation
New Road Easement
DWQ Project # 011767
Pender County
Dear Mr. Tervo:
You have our approval, in accordance with the attached conditions (WQC # 3106), to conduct the following activity at
Sloop Point Plantation in New Hanover County. This approval allows you to:
1) Construct an access easement impacting approximately 0.052 ac of wetlands to access lots within the Sloop Point
Plantation Subdivision;
2) Fill approximately 0.035 ac of wetlands on a 4.57 acre Tract of land located between Tract 3 & Tract 4 on the
drawing in the application.
This approval is only valid for the purpose and design that you described in your Pre-Construction Notification (PCN)
application received by the Division of Water Quality (DWQ) and stamped in on November 30, 2001. After reviewing your
application, we have determined that General Water Quality Certification Number 3106 covers this activity. This
Certification allows you to use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there may
be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this
approval will expire when the accompanying 404 Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your PCN received by DWQ on
November 30, 2001. If you change or modify your project, you must notify the Division (DWQ) in writing and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of
the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional
conditions listed below:
1). Avoid any potential sedimentation into wetlands and/or increase in turbidity of waters by maintaining good
sedimentation and erosion control structures;
2). Deed restrictions must be placed on the remaining wetlands. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr. state. nc. us/ncwetlands. Please provide this Office a copy of the
recorded plat;
Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer
Page Two
Mr. Jay Tervo
January 23, 2002
3). The attached Certificate of Completion (COC) must be submitted to the Division upon final construction
of the site.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit # 011767 under Section 401 of the Clean Water Act. If you have
any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900.
Sincerely,
Gregory J. Thorpe, Ph.D.
Acting Director, Division of Water Quality
Attachments: GC # 3106
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Mickey Sugg
WiRO- Joanne Steenhuis
401/Wetland Unit, Central Office - Cyndi Karoly
Central Files
pF V'1ArF
co 7
O `C
Michael F. Easley
Governor
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260
Mailing Address: 1650 N4ai1 Service (Center Raleigh, NC 27699-1650
Contact Information: General 919-733-1786 Fax: [phone]
Fax?o' ?oovioe (e,I ??1
S-? ?l ?5 F Number
Company: -ts: la/a I JUG
From: P}Dne:
No. Of Peaes including cover.shest:
A6 A
g ia
Notes or special instruction

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Division ofWz-zerCh:aXy 222, 51-- 25'-' Rzle"Gb. NC 27604-2260
. . I r
11-28-01
Division of Water Quality
401 /Wetlands Unit
WO Mail Service Center 011767
Raleigh, NC 27699-1650
To, Whom It May Concern:
Enclosed please find 7 copies-of my Pre-Construction Notification Form.
Mikki Suggs in your Wilmington office seemed to think that there would be no fee
involved as-the amount o€wetlands, to be filled does not exceed .01 acres.
He suggested I put the question to Joanne Steenhuis in Wilmington who referred me to
Cindy Karely in Raleigh: Cindy was-out of her office unt}l Friday, however, and I
wanted to get this in the mail.
if it is, possible to-return-my enclgsed check, please do so.
Sincerely,
J Tervo
2307 Mimosa Place
Wilmington; NC 28403
PA YMENT
REEIVED
?0
•
Office Use Only: Q 7 i ?orm Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter KNot Applicable" or "N/A" rather than
leaving the space blank
1.
H.
Processing
1. C eck all of the approval(s) requested for this project:
Section 404 Permit
Section 10 Permit
401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: MJ MD• it
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. 1f payment into the North Carolina Wetlands Restoration Pr ?: (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here
Applicant Information
1. Owner/Applicant Information
Name: Ju ' -Lorv7 ?sc?( ?;r ,r?1o, C1`eC' ^tpov? ? S,
Mailing Address: 0 M Osti FL
tv,?w„??to?? Alc 2?: gy03

- ,-I -
Telephone Number: 71/0-763- r04 6 Y w Fax Number: ql o 3 - FSV O
E-mail Address: tte t JO la r d 04 at i C. 6, f f
i d a o ?' o Q? -f r; v, r
2. Agent 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: n 0-q he tow
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
C r
Page 3 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 sunumding 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. V 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 PO's ecipherable maps are provided.
1. Name of project:- S/ 0 J p •. f -Pal Q .. Va4; D -1
rtca d h,? ?1v 3 ?? I D
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location / Q
County: ?e pP / Nearest Town: N a'^^ S
Subdivision name (include phase/lot number):
Pirectians to site (include ropd numbers, landmarks, etc.):
(Po o tL-, p' _1 hv,ia / ra., G
n O a a e .+? 1 ?1 8? f? r J? W /?
5. Site coordinates, if available (UTM or Lat/Long):
(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. Describe the existing land use cwcondition of th e tea the time of this application:
Lr 1 _ less Iv-,
7. Property size (acres): / • 5 A `?t 5 _? 0 r?e 4t?l -f -I f A rPct -? , D
CI,?L?t? 7 1J 'p "?( S
8. Nearest body of water (stream/rivedli; ocean/lake): i, ? oa S u- Y r- I?r. ,
9. River Basin.
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://12o.enr.state.nc.usladniin/inal) .)
Page 4 of 12
10. Describe the purpose of the proposed work: 1 A r occ-ess ('d o?j
hK ocrl ex;sd.--v 60' r. r, sm.A dory
. 7 CC NC -C4
11. List the type off equipment to be used to construct the project: V
n _ A _
IV.
1
12. Describe the land use in the vicinity of this project: ret i drjof J
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,
fist and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future?
anticipated work, and provide j fication /for the exclpSion of s work
annlication: r J hS? * l 9 r ?1 5CJe 10 ,,, ,
If so, describe the
from the current
0
,rl ? 14-tA to
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 5 of 12
1. Wetland Impacts
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
inear f
et
Type of Wetland***

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ort /Opln e
ygU ?tTDr. .I
N7r OK5
O 6r49 -A 0I .035 f, cv or? wrt- g ' Fr ow, J r ;r,o (rlt ref

• 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 lis t impacts due to both structure and flooding.
• • 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Scrviceccnterat 1-80035&%16,or
online at httn://w-w-w.fema.vov.
• •' List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
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?
leasespecify)

" List each impact separately and identify temporary impacts. Impacts include, butare not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www,usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.eom,
www.mapguesi.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
)4KPi
Page 6 of 12
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, nitigation 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.uslncw,eflands/stringide.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.
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wedands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httl2://h2o.enr.state,nc,us/mgp/index.htm If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 ?
ff 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 (DWQ Only)
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 Requirea ts), or other (please identify )?
Yes ? No If you answered "yes", provide the following information:
Page 9 of 12
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
Miti ation
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.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage
Discuss stormwater controls
downstream from the property.
(both existing and proposed) versus total acreage on the site.
proposed in order to protect surface waters and wetlands
XH. Sewage Disposal (DWQ Only)
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.
e
/1
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No V
Is this an after-the-fact permit application?
Yes ? No LA
Page l0 of 12

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).
I//)- VO
Applicant/ g s Si Date
(Agents s e is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax [phone] Cumberland New Hanover Scotland
Page 11 of 12
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
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