20020237 Ver 1_COMPLETE FILE_20020215

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Action Id.: 200300319 County: Brunswick
NATIONWIDE PERMIT 33
VERIFICATION
Permittee: Town of Carolina Shores
c/o Linda Herncane, Town Administrator
P.O. Box 4038
Carolina Shores, NC 28467
Agent: AB Engineering
c/o Arnie Drucker, P.E.
P.O. Box 538
N. Myrtle Beach, SC 29597
Quad: Calabash

J1t?fl

Site Location: The site is Persimmon Canal, which flows to Persimmon Swamp in the Town of Carolina
Shores, Brunswick County, NC. The project site is within the waterway between Country Club Road and
US Highway 17. Coordinates: Latitude: 33.90349"N,- Longitude: 78.5845" W.
Description of Activity: The permittee will install a 20-linear-ft segment of 36-inch corrugated metal
pipe in Persimmon Canal. The purpose of the project is to create temporary construction access to the
western bank of the canal so that work under Nationwide Permit 41, verified on February 7, 2002 (see
USACE File 200200249) can be performed. The work will be performed in accordance with the
specifications and conditions of Nationwide Permit 33 (see attachment 1) and the attached restoration
schedule (see attachment 2).
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)
Authorization:
Permit: Nationwide Permit 33
Name of Permittee: General Public
Effective Date: March 18, 2002
Expiration Date: March 18, 2007
Your work is authorized by this nationwide permit provided the work is accomplished in accordance with
the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404
block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]. For
activities within the 20 coastal counties, you must contact the N.C. Division of Coastal Management,
telephone [phone], before beginning work.
Please read and comply with the attached conditions of the permit. Violations of permit conditions may
subject the permittee to a stop work order, a restoration order, or appropriate legal action.
Town of Carolina Shores
c/o Linda Herncane
Action ID: 200300319
Page 2
This Department of the Army verification does not relieve the permittee from the responsibility to obtain
any other required federal, state, or local authorizations. The permittee may need to contact appropriate state
and local agencies before beginning work.
Questions regarding this authorization or any of the conditions of the permit should be addressed to the
Corps regulatory official specified below.
Corps Regulatory Official: Thomas Farrell
Telephone No.: [phone]
Date: February 6, 2003
Expiration Date of Verification: March 18, 2007
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Attachments: (1) Nationwide Permit 33 and conditions (22 pages)
(2) Site restoration schedule (1 page)
(3) Vicinity Map (1 page)
(4) Site Plan (1 page)
cc: Noelle Lutheran, NCDENR, Wilmington (w.o attachments)
Carol Miller, NCDENR, Wilmington (w.o attachments)
CESAW Form 591
-2-
\O?DF vv h ; ?yQG
o -c
June 13, 2002
County Brunswick
DWQ Project # 02-0237
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Ms. Linda Hemcane
Town Administrator
Post Office Box 4038
Calabash, NC 28467
Dear Ms. Herncane:
You have our approval, in accordance with the attached conditions, to impact less than 0.1 acres of wetlands or waters
for the purpose of regarding the channel banks of a portion of the Persimmon Canal in the Town of Carolina Shores as you
described in your revised application dated June 5, 2002 (orginal application dated February 14 and March 27, 2002). After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3362
This Certification allows you to use Nationwide Permit Number 41 when the Corps of Engineers issues it. In addition, you
should get any other federal, state or local pennits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the put-pose and design that you described in your application. If you change your
project. you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall expire
when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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.
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, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-1786 or Joanne Steenhnuis at our Wilmington Regional Office
at 910-395-3900.
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
File Copy
Central Files
Arnie Drucker; AB Consulting Engineers, PLLC
'Sinc ely,
n KI ek, P.E., Director
I
Vvw
&A
F4? 61MR.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state. nc. us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
JUN.11.2002 3:52PM NCDENR WIRO NO.152
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross jr., Secretary
FAX COVER SHEET
P.1

Date:
To:
Co.-
FAX #: 9
REMARKS:
No. Of Page .- /0
From: .e,
CO: &J
FAX#: 10- S -2 04
127 Cardinal Drive >rYtenslon, Wilmington, NC. 28405-9845 Telephone [phone] Fax (910) 3SO.2004
An Equal Oppartgnify A11irmathic Action Employer
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JUN.11.2002'" 3:52PM14J:OICDENR WIRO
A
B
'Consulting Engii
POST OFFICEBOX S38
NORTH MYRTLE sEACH, SC 29597
June 5, 2002
A E CONSULTING ENG. H0.152
ENGINEERING 9 PL?NNING
ere, ,PLL C.
P.4
PAGE el
TEL: [phone]
FAX, [phone]
Ms. Joanne 3teeAbuis
NCDENR
Division of Fovironmental'M44agement
Water Qwity' Section
127 Cardinal Drive Extension,
Wilmington. NC 28405.3$45,
Seat via facsimile; 910,350-20W, hard copy to follow
Re: Carolina Shores Dmimage Systems
Brunswick County, North Carolina
Doar Joanne;
Pursuant to our. April 26, 2062 rn,eeft enclosed:plesisa find the following:
1) One (1) copy of a letter-ftm ray klouston, p,Eq, dated June 3, 2002, vedfying the revisions
shown on.the previously subrnitted plans will have a negligible effect on the intent of his original
design.
2) One (1) copy of US Army Corps of Engineers Notification of Jurisdiodonal Detetmination, dated
May 17, 2002.
Uti]Wng the, fiindings,ofthe entlosed letter of deterWination, the Wetlands Asse
Bri O' Com y ) ent.pp"'by The
Pay (P
HouCto viously submitted for Our review and the-average end method, the total amount
of area proposed to. be filled to create r$e canal banks shown on the catlal cross-section's prepared by
o ana Associates. PA is less t1m.0.10 acre,
T. he section of cans] behind Food Lion denoted as "This Section of C> eel to be Reaonfigntrod Under
Supervision of Engiieee, will not be realigned. The canal will be widened so that the eastern bank is
located as shown on the drawing,
Please do nit Hesitate to Call if you have auy questions or re uire addi
quality certification for this 'ect. Thank you a 9 additional 'ynformanen to issue water
pro 1 Y $ain for your assistance.
Sincerely,
A B Consulting Engineers, PLLC
A.mie S. Drucker, ?.
cc: 'W Linda He'n"rie, Town of Carolina Shores
. "JUN.11.2002 : 3:52PM4328NCDENR WIRO A B CONSULTING ENG. NO.152 P.5
PACE 02
HOUSTON and ASSOCIATES. P,A, Engin"m
8HALt. rM CAROLIN
2843$
Te?epharre (910) 764-M
Facsimile [phone]
Monday, June 3, 2002
The Ioaorstble Jack S,lliott, Mayor
Town of Carolina Shores
P.O. Box 4038
Carolina Shores, North Carolina 28467
Mr. Steve asmtt, project 1AMAgerr
Hazard Mitigation Section
Division of Emergency Management
1830-B Wery Place
Raleigh, North Carolina 27604
Gubject. T'owu of Carolina Sho"s Atarrnwatet Drainage Project
'Mlc Neil ? cr: HMGrP-1134-0064
Effect of Removal of Canal Realignment
Dear Mayor ZMatt and Mr. Garrett:
117 Pine Street
poet OftO Box 927
The Purpose of this letter is to respond to the apparent concern of some
that the lack of realignment in the subject canal would jeopardize the original
intent of the project. I have reviewed the revisions made to the origl w project
plans and have discussed the calculations and required regulatory revisions
with Ms. Amy Drucker, P.E. of'A. B. Consulting Engheers, P.L.L,C.
Based upon my review and upon my understanding of the regulatory
dental of the canal realignment M several areas, it is my opinion that these
minor recisions will have negligible effect on the intent of the project which
was to provide a canal cross-section that would carry the approximate 100.year
storm event.
The original stormwater study and the regultin design
Houston and Associates, ?A utilized the Rational Methd fora deter
stormwater runoff quantities within the contributing watershed. Various
cmas-sections along the canal were statically evaluated and adjusted to dany
the approximate 100-year stonn event since that benchmark event was selected
by those originally involved with the planning of the potential project. The
realignments proposed were dray a to provide a "best case" approach for
reducing energy losses along the cans]„
The lack of the realignments, however, will not adversely affect the
original Intent to provide canal earryblg capacity for the approximate 10,0-year
storm event since the canal alignment was not a part of the orlgitiat
calculations and in a minor factor due to the relative slaw velocities in the
canal during the peak event. The existing approved project will provide
capadty to carry the approximate 100-year event notwithst4ndits downatmm
canal conditions which were beyond the'scope of this project.
°rJUN.11.20027: 3:52PM1432ENCDENR WIRO A B CONSULTING ENr,. NO. 152 P.6
PAGE e3
mayor tt/M. GnrrOtt Page TWO
June 9. 2002 TaWA of Caro11M Shores
i N=*W. MIGP 11,944 0$4
I am confident that a technic Lily competent ewer of the original
report, proposed project, and wasting approved project can reach the same
conclusions as stated within this letter based upon the orI
made and' the limitations stated within the o ?? assumptions
any questions or ,comments, please C=taet oou -office report ?? Should you have
happy to further discuss this matter. Y and 1 will' be
Sincerely,
P -Tr
lHouston, P.E;
Kr`?,;?ti• Houston and A.aiates. p.&
PC: V1 4s. Amy Drucker. F,E., A. B. Consulting Engineers. P.L.L.C.
Me; 9901618 (TQCS - Drainage Project - FEMA)
--JUN. 11.20021' 3:53PM"4J1cNCDENR WIRO
P. 7
A B CONSULTING ENG. NO. 152 PAGE 04
U.S. A XV CO"S OF WGINEEM
Wilmington District
Action ID; 200200249
COU007 Brunswick
N06402001% of Jurisdictional Determination
Applicant: Town of Carolina shores
c%,LiAda Heracane, Town Adtmrdstrator
P.O. Box 4038
Calabash, NC 28457
Agent: ABC Consulting Engineers
c!o Amy Drucker
P,O. Box 538
Notch Myrtle Beach, SC 29597
UTM: Zone 17; 723325,E; 3754027 N
Size and Location of Property (water body, Mghway name/number, town, etc. ;
Persimmon Creek from Countty Club Road to where the Sreek eaten Sbiggletrce S The delineation site is located along
County, North Carolina. ??mp, Town of Carolina Shorts, Brume
Basis of Determination: Deteratiuation is based on site visit conducted by Thomas barrel] om May
ptepose 16, 2002. This is a special
Persimmon Creels. Tl arl Creek. The l linei aar ead exontent to dettnn;rta and Wrap the status of the land located witttfn 1S-R bW&n an either side of
of the buftbrs is from Country Club Road to where the creek enters Shinglarce Swamp. The
15-4 buffer on the soutbeestern side of the creek consists of a born road that is classificd as
side of the creek is a drained, non-jtnisdictiotral strip of woodland. The Corps has not veriupland. The the
fied the ' b?4 on l s tams o e reas
outside the 15-ft buffers. The area between the tops of banks is classified as waters of the United StateTh?o status is se d
on a review of the area shown iu the attached map. This delineation is based
Indict(! Which of the follgwing apply;
+ The wedznds Oft
you. U ass there rs as lot have been delineated and the (?yts of Corps jurisdiction have been explained to
attge in the law of our published reguiadons, this dete ntlatlon may be relied upon for a
period not to exceed 5 years from the date of this notification,
+ The project is located irl one of the 20 Coastal Cot:a)ties. You should contact the Neatest Stnte Office of
Coastal Management to, detennine their requirements.
PlaccuXat of dredged or fdl material in wetlands on this e
violation of Section 301 of the Clew Water Act (33 USC 1311A, q per oro I 1 11 r?uuod for ework ta epn rm t ij most cases a
entirely to existing b4lr 001 ad, If you have questions regarding the Corps
R ]? Pte' restricted
F=rJl at [phone]. Of Bnqneers regulatory program please contact Thor(as
Property ownWAuthorized Agent Signature Project Manager Signatrre
ThoMaa Fan4?tl
Date: May I7, 2002 Expiration Ditte: May 17, x007
SURVEY PLiT OR FIELD ETCH OF DESCRMED PROPERTY AND T RE WP-TL AM DELDTATION POW MUST
BE ATTACHM TO THE FILE COPY OF Trt•IIS FORM.
Attachments: A wetland dete a>iqatioa map of the site prepared by The 13riga4sn Company, Inc. and dated March 11, 2002 (Job
No. 42022PWA).
CC: loans Steinhuis, NCD1rNR, WiImington
. Brigman Co., Inc., Conway, SC
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E'.WYE"PIMURIUM
LEGEND.
STUDY AREA
CANAL
WATERS OF US 4.23 AC. = 50, M
UPLANDS 21 AC. = 49.97.
WETLAND
Dg TERMINATION
?- FlanTiMi
CAROLINA SHORE
PFR91E wwvwtK
CAM 7
OIRD[wsJ1m, wwNcmmm
PMP*M FM =1
TOWN OF
,CAROLINA
SHORES
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M902 FORATE
FMMIT M WASEP"T
F$MR MNTJkL SWACM
P. 0. Solt 1532
CONWAY. st 29629
C843)240-9368
(FAX) 248-9596
n THIS Ia WISawDEl?wr, RiGri .
JuINRUr IIOTNE tiNeo tN]liobt
IN9t?P1ENS11SNr1FA aaslsirt.
nl1s?Faa,n?a,.IS,auoE
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tMEOFTNEPE"PHISMCR
JUN.11.2002 3:53PM NCDENR WIRO N0.152 P.9
U.S. ARMY C011PS OF ENG "ERS
Wilmington District
Action ID: 200200249 County; Brunswick R D
)j;q C T
Notification Of Jurisdictional V31
Determination
Applicant: Torun of Carolina Shores 4UN 0 7 2m2
C/o Linda Herucane, Town Administrat
P.O. Box 4038
PJ * DrvlsroN OF
Calabash, NC 28467 - l F' OASTAI MANAGEMENT
Agent: ABC Consulting Engineers JUN
c/o Array Drucker
P.O. Box 538..,??y . .
North Myrtle Beach, SC 29597
UTM: Zone 17; 723325 E; 3754027 N
Size and Location of Property (Water body, Hlgbway nanWriumber, town, etc.): The delineation site is located along
Persimmon Creek from Country Club road to where the creek enters Shingletree Swamp, Town of Carolina Shores, Bnrnswick
County, North Carolina
Basis of Determination: Determination is based on site visit conducted by Thomas Farrel] on May 16, 2002. This is a special
purpose jurisdictional delineation to determine and map the status of the land located within 15-ft buffers on either side of
Persimmon Creek, The linear extent of the buffers is from Country Club Road to where the creek enters ShingIetree Swamp. The
15-ft buffer an the southeastern side of the creek consists of a berm road that is Classified as upland. The buffer on the northwestern
side of the creek is a drained, non jurisdictional strip of woodland, The Corps has not verified the jurisdictional status of areas
outside the 15-ft buffers. The area between the tops of banks is classified as waters of the United States. This delineation is based
on a review of the area shown in the attached map.
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 an 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 contact Thom
Farrell at [phone]. as
Property owner/Authorized Agent Signature
Date; May 17, 2002
Project Manager Signature
ma?mil.
Expiration Date: May 17, 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND TH$ WETLAND DELI'MEATION FORM MUST
BE ATTACHED TO THE FILE COPY OF THIS FORM.
Attachments: A wetland determination reap of the sire prepared by The Brigman Company, Inc. and dated March 11, 2002 (Job
No. 02022PWA).
CC: Joanne Steinhuis, NCDENR, Wilmington
Brigman Co., Inc., Conway, SC
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=E A MIl {A1.IAL ASOETERUtGm BINY BJEUNOE95IONEO ON
AT?r4YLE MERE. ACHA.YGE THE LAWOROUQ T7P109L
PUBCLSHED REGULATIONS. 7MYDETERNMATIO> H&V BE QEXIED .1TL•7TTAREA
UPON A Dof-mvEt' R5FMq TTRSaATL
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5 USARLIYOONJSOF ENGINFEKS OFFICIAL
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ETLST6>i' SEdD A'151
LEGEND.
TOTAL 8.44 AC. WETLAND
STUDY AREA
CANAE
WATERS OF ITS 4.23 AC. = 50.17.
UPLANDS .2 AC_ = 49.97
DETERMINATION
PIRCUECTAM
CAROLINA SFIORE
PERSIAMON CREEK
CAW FROjCr
CARCIUJ%M SHoRE$ xaM cVMNA
eRREPARM FOR -?
TOWN OF
CAROLINA
SHORES
PREPARED By
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CONWAY, SC 29529
(843 )248-958 B
(FAX) 248-9596
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ORGANRATIONSNAIA HERU1L
ti
Carolina Shores 02 0237
Subject: Carolina Shores 02 0237
Date: Wed, 29 May 2002 18:40:21 -0400
From: Joanne Steenhuis <Joanne.Steen [e-mail]>
To: Cyndi Karoly <Cyndi.Karol yCPncmall. net>
Cyndi,
Attached is the hold letter, but after the meeting held on April 26,
2002, they are revising the application and will resubmit within 30 days
in order to meet FEMA and EM deadlines. They are going to have the COE
look at the wetland line to verify it.
Name: carol inashores.mar.doc
Dcarolinashores.mar.doc Type: Microsoft Word Document (application/msword)
Encoding: base64
Download Status: Not downloaded with message
-- ---- ----- -
Joanne Steenhuis <[e-mail]>
Yi?1e
M k'o I d

pANZA?r''I
pAt/\' 11-7
t
w'1
Q 5
)Cay\? ? ?J
I of 1 5/30/02 11:53 AN
Tardy Projects as of May 15, 2002
County DWQ# Project Regional Office CO staff CO Received Date Drop Dead
Date
Johnston 020463 Cardinal Pointe S/D RRO John Hennessy 3/26/02 5/24/02
Wake 020438 Strickland Road Widening RRO John Hennessy 3/25/02 5/23/02
and Leadmine Road
Extension
Wake 020501 Heritage ! RRO John Hennessy 4/1/02 5/30/02
i
Catawba 020425 4` St. SW Extension, City MRO Cyndi Karoly 3/21/02 5/19/02
of Hickory
Brunswick 020237 Town of Carolina Shores WIRO Danny Smith 4/3/02 6/1/02
Drainage Systems
Martin 020435 Weyerhauser Pulp and Paper WaRO Bob Zarzecki 3/25/02 5/23/02
Division
Dare 020426 Donald Sisler WaRO Bob Zarzecki 3/22/02 5/20/02
Hyde 020521 Ocracoke Solid Waste WaRO Bob Zarzecki 4/4/02 6/2/02
Collection Site
Variance Requests: none

Carolina Shores#02 0237
Subject: Carolina Shores#02 0237
Date: Wed, 01 May 2002 17:49:02 -0400
From: Joanne Steenhuis <[e-mail]>
To: Cyndi Karoly <[e-mail]>
CC: Danny Smith <[e-mail]>
Cyndi,
We had a meeting about Carolina Shores (FEMA, Emergency Management,
Corps of Engineers, Stormwater, the Town, their engineer, mayor etc....)
They will be sending a revised application (hopefully soon). There were
alot of issues with the project as proposed... by us and FEMA/EM and
hopefully the town and engineer now understands what is needed in order
to get the project through the permitting process.
William Smith project # 02-0045
We have met at the site and discussed changes for this project and have
not received any modified permit application. I have also gotten a copy
of a letter written by marine Fisheries that states their objection to
the project and their concerns about the cumulative impacts this project
proposes. Here is the question... would it be OK if I wrote the
"considering denial" letter or would you rather it come form your
Office. Let me know, I don't mind writing it and in the letter tell
them they need to deal with CO in the future or revise the plan. If you
e-mail me some denial "go-by" letters, the letter would be more
congruent to those you guys send out.
Joanne
Joanne Steenhuis <Joanne.Steenhuis@nc,mai1.net>
6xij,?
1 of 1 5/3/02 2:23 PM
1. _ _ ..
77
tt '' Q Triage Check List
Date:
To: ?RRO Steve Mitchell Project Name7OWr, ??Oe!S
?FRO Ken Averitie DWO Project Number c> 40 3
?WaRO Deborah Sawyer County c C.
O Joanne Steenhuis
?WSRO Jennifer Frye
LARO Mike Parker '
?MRO PEfe Cohn
TAL
__ / /6"x.-Telephone (919) 733-
From=
The file attached is beino forwarded to you for your evaluation. Please call if you need
asst = _
C Stream L-rz, h impacted
C Stream determina5on
Wedand det-ermrticxt and distance to blue-line surface waters on USGW topo maps
- crlavoidance issues
EJ_ 6iif-rer P.Jes (NeLse,Tar-Pamilco, Catawba, Randleman)
01 Pond
-on F.z-5os CrLV? .
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C Are the s? -n and or wetland mitigation sites available and viable?
check drawings for auvracy
G is the appf?xion coris"istent with pre-application meetinos?
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A ENGINEERING • PLANNING
B
Consulting Engineers, PLLC.
POST OFFICE BOX 538
NORTH MYRTLE BEACH, SC 29597
March 27, 2002
Ms. Cindy Caroly
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Town of Carolina Shores
DWQ Project No. 02-0237
Dear Ms. Caroly,
TEL: [phone]
FAX: [phone]
!5 I
APR 3
s
N/AT-f pUAIIIYGP(jp
` LEA
__
Ms. Joanne Steinhaus asked us to forward the enclosed Preliminary Wetlands Assessment for the
Persimmon Canal Project in Carolina Shores to accompany the information previously submitted to John
Dorney on February 14, 2002.
Please call if you have any questions or require additional information to issue 401 certification for the
above referenced project.
Thank you for your assistance.
Sincerely,
A B Consulting Engineers, PLLC
Arnie S. Drucker, P.E.
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Preliminary Wetland Assessment
Persimmon,.Creek Canal Project
Carolina Shores, North Carolina
Prepared For:
Town of Carolina Shores
Ms. Linda Herncane
P.O. Box 4038
Calabash, NC 28467
Prepared By:
The Brigman Company, Inc.
P.O. Box 1532
Conway, SC 29528
Date:
March 11, 2002
CAMy Documents\Reports\00750-02022.doc
INTRODUCTION:
The Brigman Company, Inc. has completed a preliminary wetland assessment of
the Persimmon Swamp drainage canal situated within the town of Carolina
Shores, North Carolina. The purpose of the preliminary wetland assessment was
to provide a professional opinion, based on the physical evidence, as to the
existence of jurisdictional freshwater wetland ecosystems within the study area.
The assessment was completed within the guidelines established by the United
States Army Corps of Engineers for identifying and delineating jurisdictional
wetlands.
Ms. Linda Herncane, Town Administrator of Carolina Shores, authorized the work
and granted site access permission on March 4, 2002.
METHODOLOGY:
The completion of the preliminary wetland assessment involved performance of
three primary-tasks.
Review of available public information including soils surveys, hydric
soils classifications, and flood maps.
Inspection and interpretation of available topographic maps and
historical aerial photography to identify visual indications of potential
wetland areas.
Performance of a site inspection of property to identify wetland areas
based on soils, hydrologic and vegetated criteria outlined in the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands
1987, and to determine the approximate extent of each area.
STUDY AREA:
The study area consists of a 50' wide swath to the north and the south of the
existing embankment associated with Persimmon Swamp Canal (see project
location map). The study areas commenced approximately 500' southwest of the
intersection of U.S. Highway 17 Business and Country Club Drive (SR1168)
adjacent to and south of an existing Food Lion Shopping Center. The study
areas follow either side of Persimmon Swamp Canal in a northeasterly direction
approximately 6600' terminating at the intersection of Shingletree Swamp.
SUMMARY OF FINDINGS:
Representatives of The Brigman Company performed a site inspection of the
subject study area on March 11, 2002 to identify and note the approximate
boundaries of wetland areas within the study area. Included in the addenda are
copies of the Data Form Routine On-Site Determination Method, utilized during
the inspection. The entire study area was found to be within the drainage way
associated with Persimmon Swamp, which has been canalized. Wetland field
indicators including saturated soils, hydrophilic vegetation and hydric soils were
observed in eleven difference areas throughout the study area. The location and
distribution of the identified freshwater wetland ecosystems are shown on the
preliminary wetland assessment map located in the addenda.
The vegetation in the fresh water ecosystems situated within the study area are
dominated by a mixture of Water oak (Quercus nigra), Laurel oak (Quercus
laurafolia), Red maple (Acer rubra), and Black gum (Nyssa sylvantica), ' The
understory was a mixture of Virginia chain fern (Woodwardia Virginia), Laurel leaf
greenbrier (Vitis laurafolia) and various other species.
According to the Brunswick'County soils survey, Grifton fine sandy loam is
present throughout the study area. Grifton is classified as a hydric soil.
Boreholes excavated within the study area closely resemble the Grifton series
soil classification. '
Field indicators of wetland hydrology observed included sporadic inundation;
saturated soils within the upper 12", water scour marks/staining, water born
sediment deposits and topographic position. Eleven freshwater wetland areas
were found to occur within the study area.
LIMITATIONS:
This report has been prepared for the exclusive use of the Town of Carolina
Shores and their designees for specific application ,to the study area. Copies of
this report may be distributed provided that its use is consistent with scope and
intent of our services. Our findings have been developed in accordance with
generally accepted standards of practice in the Wilmington District of the U:S.
Army Corps of Engineers, direct observation and superficial features made on
Monday, March 11, 2002, available information in our professional judgment. No
other warranty is expressed or implied. The client recognizes that future
changes in the U.S. Army Corps of Engineers regulations and guidelines may
affect the conclusion/findings presented in this report-
ACKNOWLEDGEMENT:
The Brigman Company, Inc. appreciates the opportunity to be of service to you
by providing a preliminary wetland assessment of the subject study area and -in
preparing this report. Should you have any questions, please do not hesitate to
call us.
Sincerely, / -
L,
L4
i
James M. McLain
Wetland Ecologist
JMM/alj
CAMy Documents\Reports\00750-02022.doc
Addenda
IJA 1 A I-UKM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineadon Manuaq
Project/Site: Persimmon Creek Canal Project No: 02022 Date: 12-Mar-2002
Applicant/Owner: Town of Carolina Shores County: Brunswick
Investigators: The Brigman Company, Inc. State: North Carolina
Plot ID: I

Do Normal Circumstances exist on the site? es No Community ID: Upland
Is the site significantly disturbed (Atypical Situation:)? Yes No Transect ID:
Is the area a potential Problem Area?
(If needed, explain on the reverse side) Yes No Field Location:
VEGETATION (U SFWS Region No. 2)
Dominant Plant S ies Ladn/Common Stratum Indicator Plant 3 ies Latin/Common Stratum Indicato
Pinus taeda Tree FAC Myndca cerifera Shrub FAC+
Pine,Lobloll Bayberry, Southern
Liquidambar styracfflua Tree FAC+ Magnolia vi oniana Shrub FACW+
Gum,Sweet Ma nolia,Sweetba
Nyssa sylvatica Tree FAC Pterdiium aquNnum Herb FACU
Gum,Black Fem,Bracken
Acer rubrum Tree FAC Smrlax rotund#b#a Vine FAC
Ma le,Red Greenbrier,Common

Percent of Dominant Species that are OBL, FACW or FAC:
(excluding FAC-) 7/8 = 87.50% FAC Neutral: 1/2 = 50.00%
Numeric Index: 24/8 =3.00
Remarks:
The hydrophytic vegetation criteria was meat.
HYDROLOGY
NO Recorded Data(Describe In Remarks): Wetland Hydrology Indicators
N/A Stream, Lake or Tide Gauge Primary Indicators
N/A Aerial Photographs NO Inundated
Imo/ Other NO Saturated in Upper 12 Inches

YES No Recorded Data NO Water Marks
NO Drift Lines
NO Sediment Deposits
Field Observations NO Drainage Patterns in Wetlands
Secondary Indicators
Depth of Surface Water. N/A (in.) NO Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: WA (in.) NO Water-Stained Leaves
NO Local Soil Survey Data
Depth to Saturated Soil: WA (in.) NO FAC-Neutral Test
NO Other(Explain in Remarks)
Remarks:
The hydrology criteria was not meet.
Page 1 of 2 WetFormm
UA 1 A 1'UKM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
ProjectISite: Persimmon Creek Canal Project No: 02022 Date: 12-Mar-2002
Applicant/Owner: Town of Carolina Shores County: Brunswick
Investigators: The Brigman Company, Inc. State: North Carolina
Plot ID: 1
SOILS
Map Unit Name (Series and Phase): Goldsboro
Map Symbol: GoA Drainage Class: Well drained Mapped Hydric Inclusion?
Taxonomy (Subgroup): Field Observations Confirm Mapped Type?(yij) No
Profile Description
Depth Matrix Color Mottle Color Mottle
(Inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure, etc
0-8" Ap 10YR5/2 WA WA NIA Sandy loam, Granular
8"-18^+ Bt1 10YR5/4 N/A N/A WA Sandy clay loam, Subangular blocky
Hydric Soil Indicators:
NO Histosol NO Concretions
NO Histic Epipedon NO High Organic Content in Surface Layer in Sandy Soils
NO Sulfidic Odor NO Organic Streaking in Sandy Soils
NO Aquic Moisture Regime NO Listed on Local Hydric Soils List
NO Reducing Conditions NO Listed on National Hydric Soils List
NO Gleyed or Low Chroma Colors NO Other (Explain in Remarks)
Remarks:
The hydric soils criteria was not meet
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No Is the Sampling Point within the Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
Page 2 of 2 WeWorm m
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Dellneadon Manual)
Project/Site: Persimmon Creek Canal Project No: 02022
ApplicantlOwner: Town of Carolina Shores
Investigators: The Brigman Company, Inc.
Date: 12-Mar-2002
County: Brunswick
State: North Carolina
Plot ID: 2
Do Normal Circumstances exist on the site? as No Community ID: PFO
Is the site significantly disturbed (Atypical Situation:)? Yes No Transact ID:
Is the area a potential Problem Area? Yes No Field Location:
(If needed, explain on the reverse side)
VEGETATION (USFWS Region No. 2)
Dominant Plant S ecies Latin/Common Stratum Indicator Plant S les Latin/Common Stratum Indicator
Nyssa aquatics Tree OBL Linodendron tulplfers Tree FAC
Water-Tupelo Treejulip
Nyssa sylvadca Tree FAC Magnolia 40niana Shrub FACW+
Gum,Black Ma nolia,Sweetba
LiquidambarWracifiua Tree FA C+ Woodwardia vi?g?inlca Herb OBL
Gum,Sweet Chainfem,Vir inia
Acer rubrum Tree FAC Smfiax launfofia Vine FACW+
Ma Ie,Red Greenbder,Laurel-Leaf

Percent of Dominant Species that are OBL, FACW or FAC:
(excluding FAC-) 8/8 =100.00% FAC Neutral: 4/4 = 100.00%
Numeric Index: 18/8 =2.25
Remarks:
The hydrophytic vegetation criteria was meet.
HYDROLOGY
NO Recorded Data(Describe In Remarks): Wetland Hydrology Indicators
N/A Stream, Lake or Tide Gauge Primary Indicators
N/A Aerial Photographs NO Inundated
N/A Other YES Saturated in Upper 12 Inches
YES No Recorded Data YES Water Marks
YES Drift Lines
NO Sediment Deposits
Field Observations NO Drainage Patterns in Wetlands
Secondary Indicators
Depth of Surface Water: WA (in.) NO Oxidized Root Channels in Upper 12 Inches
YES Water-Stained Leaves
Depth to Free Water in Pit: WA (in.) YES Local Soil Survey Data
Depth to Saturated Soil: = "I, (in.) YES FAC-Neutral Test
NO Other(Explain in Remarks)
Remarks:
The hydrology criteria was meat.
Page 1 of 2 WetForrn'm
DATA FVKM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Persimmon Creek Canal Project No: 02022 Date: 12-Mar-2002
Applicant/Owner: Town of Carolina Shores County: Brunswick
Investigators: The Brigman Company, Inc. State: North Carolina
Plot ID: 2
SOILS
Map Unit Name (Series and Phase): Grifton
Map Symbol: Gt Drainage Class: Poorly drained Mapped Hydric Inclusion?
Taxonomy (Subgroup): Field Observations Confirm Mapped Type?t fas No
Profile Description
Depth Matrix Color Mottle Color Mottle
(Inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure, etc
0-6" Ap 10YR412 N/A WA N/A Sandy loam, Granular
6"-18" E 10YR5/2 N/A WA N/A Sandy loam, Granular
Hydric Soil Indicators:
NO Histosol NO Concretions
NO Histic Epipedon NO High Organic Content in Surface Layer in Sandy Soils
NO Suifldic Odor NO Organic Streaking in Sandy Soils
NO Aquic Moisture Regime YES Listed on Local Hydric Solis List
NO Reducing Conditions YES Listed on National Hydric Soils List
NO Gleyed or Low Chrome Colors NO Other (Explain in Remarks)
Remarks:
The hydric soils criteria was meet.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No Is the Sampling Point within the Wetland? es No
Wetland Hydrology Present? es No
Hydric Soils Present? es No
(Remarks:
area meets all the criteria for jurisdictional watiands.
Page 2 of 2 WetForm"
THE
BR GMAN
COMPANY
INCORPORATED
SOILS SURVERY
CAROLINA SHORES PERSIMMON CANAL PROJECT
APPLICANDOWNER
1 "=660'
3-12-2002
O ..
02-022
WG. NO.:
02-0 SOI S

4 ?
Q
j FOOD LION COI
SHOPPING CENTER ,J \
v
z I WETLAND
.J /
WETLAND
400' _ 400
WETLAND
ASSESSMENT
PROJECTISITE
CAROLINA SHORE
PERSIMMON CREEK
CANAL PROJECT
TYPICAL Q CAROLINA SHORES, NORTH CAROLINA
SnMYAREA &ET[AND PREPARED FOR
mra
,1Wr' TOWN OF
srpww CAROLINA
SHORES
, WETLAND PREPARED BY
rrFxor
MP OFAdW
H E
?P
BR MAN
' WETLAND
COMPANY
INCORPORATED
?p0
WE FOREST MANAGEMENT
WETLAND
ENVIRONMENTAL SERVICES
WETLAND P. o. BOX 1532
(Qti A WETLAND
% WETLAND pcoo CONWAY, SC 29528
[phone]
(FAX) 248-9596
? CAROLINA SHORES
4 Ui CYCLING CENTER
sn NOTE THIS MAP IS THE PROPERTY
^oto OF THE BRIGMAN COMPANY, INC.
AND MAY NOT BE USED WITHOUT
?Q THEIR EXPRESS WRITTEN CONSENT.
WETLAND THIS ASSESSMENT FIELD RECONNAISSANCE
LEGEND: WERE PREPARED FOR THE EXCLUSIVE USE OF THE SPERSON, PERSONS OR
HEREON.
STUDY AREA
WETLAND
CANAL
DATE: SCALE:
3-II-1002 1"= 400'
FIELD CHECKED BY: DRAWN BY:
JMM & JDR JMM
JOB NUMBER: DWG. FILE NO.
02022PWA 02022

O?O? W A T ?R?G
r
O K
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
March 5, 2002
CERTIFIED MAIL: 7001 1940 0007 1402 3597
RETURN RECEIPT REQUESTED
Town of Carolina Shores
C/o Linda Herncane, Town Administrator
P.O. Box 4038
Calabash, NC 28467
MAR 1 2 2W ' R
uA;M..?ia _..Y
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Carolina Shores Drainage Systems
DWQ PROJECT # 020237
BRUNSWICK COUNTY
Dear Ms. Hercane:
This Office contacted Amie Drucker, P.E. of AB Consulting Engineers, PLLC. on February 25, 2002 to notify her
that additional information was needed to complete the project application. This letter is to notify you that we are placing
your project on hold until we receive the following additional information:
1) A wetland delineation/location map of the project corridor so the project impacts can be
accurately assessed.
Please respond within three weeks of the date of this letter by sending a copy of the information to myself and to
Cyndi Karoly, Raleigh Wetlands Unit [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].
This Office also explained to Ms. Drucker that the Nationwide 41 permit issued by the Corps of Engineers will be
valid if the project is started or under contract to commence by March 18, 2002. If these two conditions are not feasible,
and the additional information is not available until after that date, reapplication to the Corps of Engineers may be
required, but not a difficult task to accomplish.
Sin ely,
Joanne Steenhuis
Environmental Specialist III
cc: 'Cyndii k4oly -Wetlands Group
Tom Ferrell- US Army Corps of Engineers Wilmington
WiRO
Representative Mike McIntyre's Office - Mary Ann
tsar
MNR
Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer
Date: I ?' U Z
Triage Check Lis;
To: ?P,RO Steve Mitchell Project fame--6 tyl ?yzA.'S 1 Ov e-S P?Jc6sy rJt--p-
?FRO Ken r,vente DWO Fr `ec: 0
?WZO Detcrah Sawyer Counts (u?SV? 1L
Joanne Steenhuis
?WSRO Jennifer Frye
LARO Mike Pa Ke-
?MRO Pte ?1;riw??1
From: _ U lip e:e.chcr.e G! gl 733- 3?
The file attached is t:eina forrvat?ed to you fcr y_ _- ca;I ;f ycu need
assistance.
stream length in•cted
? Stream dete.,nir;a5en
C V'/etland dete. nk.k n and. dstance tc - 1ne s?- n=°e.; US / topo maps
Minimiza-jcrVa.ro>d---*x;e iw-
? Eufrer Rides CNE-- -1 arran9co, ca.---
Q Fond fill
? Mitigation R?-,as
? Ditching
? Are the strea 7, arl; or yraend mrfga'x-n shezs _ .aii ?) i= :E -id via ?
? Check dr.-mirx s foraccu-fir
? Is the app6caticn with
pre wnir ?n -i i-r_=
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? Cumulative b74)adcar> :os ; -
-Commentsg`r - " - _ -t
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A ENGINEERING • PLANNING
B
Consulting Engineers, PLLC.
POST OFFICE BOX 538
NORTH MYRTLE BEACH, SC 29597
February 14, 2002
Mr. John Dorney
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Town of Carolina Shores
Dear Mr. Dorney,

TEL: [phone]
FAX: [phone]
The Town of Carolina Shores has obtained a FEMA grant to improve the banks of the Persimmon Canal
to transport the runoff from a 100 year storm and reduce the amount of flooding homes receive. The
improvements include raising the tops of the canal banks and reducing the angle of confluence of two
ditches that drain to the canal. No work is proposed within the existing canal banks. In accordance with
the land disturbance permit, areas of disturbance will be stabilized via seeding and jute matting at the end
of each day to prevent sediment from entering the canal.
We just obtained NWP 41 verification from the US Army Corps of Engineers and were told to submit the
enclosed application for your review. Enclosed please find the following information submitted for your
review and approval:
1. Seven (7) copies of the Preconstruction Notification Form with associated sketches.
2. One (1) copy of USACOE NWP 41 verification.
3. One (1) copy of DWQ EXEMPTION from Stormwater Management Permit Regulations.
4. One (1) copy of NCDENR-Division of Land Quality Letter of Approval.
5. One (I) check for $475.00 for the review fee.
Our USACOE verification expires on March 18, 2002. We sincerely appreciate assistance you may
provide to aid us in beginning construction by that date.
Thank you again. Please call if you have any questions or require additional information.
Sincerely,
A B Consulting Engineers, PLLC.
Amie S. Drucke , P.E.
Cc: Ms. Linda Herncane, Town of Carolina Shores
I. __
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check 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:
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 (see section Vlll - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Ms. Linda Herncane Town Administrator
Mailing Address: Town of Carolina Shores
P.O. Box 4038
Calabash NC 28467
Telephone Number: 575-4877 Fax Number: 575-4812
E-mail Address:
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: Amie Drucker P.E.
Company Affiliation: A B Consulting Engineers PI LC
Mailing Address: P.O. Box 538
North Myrtle Beach SC 29597
Telephone Number: 843-280-5870 Fax Number: 843-280-5870
E-mail Address:. I abce(a-)prodit:y.net
Page 5 of 12
TOWN OF CAROLINA SHORES
200 PERSIMMON ROAD
PO BOX 4038
CAROLINA SHORES, NC 28467
910-575-4877
To: U.S. Army Corps of Engineers
Re: Town of Carolina Shores Drainage Systems
USACE File No. 200200249
In connection with the referenced project, I hereby appoint the person shown below as
my agent for the purpose of filling such application for project approval as they shall
deem necessary and proper.
Authorized Agent: AB Consulting Engineers, PLLC
Agent's Address: P.O. Box 538, North Myrtle Beach, SC 29597
Agent's Telephone Number: 843-280-5870
-`
Witness
W f POR • '•??'?
i? GOR?ATF
SEAL
'?
"Shy/CK? C0?,?\0"
Town of Carolina Shores
Property Owner
Title
iiigg:nn?aattutreof Property Owner
Date
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: Town of Carolina Shores Drainage Systems
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN):
4. Location
County: Brunswick Nearest Town: Carolina Shores
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
US Highway 17 to Country Club Drive approximately 550' south on Country Club Drive
To existing canal (behind Food Lion)
5. Site coordinates, if available (UTM or Lat/Long): N_33 54' 17", W 78 35' 05"
(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 or condition of the site at the time of this application:
Existing drainage canal
7. Property size (acres):_ 7.70 acres (6,100' canal x 55' average width)
8. Nearest body of water (stream river/sound/ocean/lake): Persimmon Swamp
9. River Basin: Lumber
(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/.)
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10. Describe the purpose of the proposed work: The proposed work includes elevating the
existing canal banks to enable the canal to transport the storm water runoff of a 100-year
storm. The bottom & sides of the existing canal will not be altered
11. List the type of equipment to be used to construct the project: A rubber tire backhoe
will be used to transport the soil to its proposed location, a small bulldozer will be utilized
for fine grading and hand rakes will be utilized for final dress-up and seeding.
12. Describe the land use in the vicinity of this project: Single family residential homes
surround and vacant woodland border the existing canal
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.
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:
N/A
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 shcct.

L 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
linear feet
Type of Wetland***

-- -1-11 .,,,Nun, xJJCUMc,y +uw ,ucnury temporary impacts, impacts include, but are not ]muted to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FF.MA-approved local lloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
+'* List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina 13ay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name" Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

" List each im act s e oral 1 d 'd
p p e y an r enUfy 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 losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchi ng/straightelning, 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.aov. Several intemet sites also allow direct download and printing of USGS naps (e.g., www.topgzone com,
www.manallest com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
A.,,,.. Q . r r'n
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
indicate on tna
Type of Impact* Area of
Impact

acres
Name of Waterbody
(if applicable) Type of Waterbody
(lake d,
, pond, estuary, soun
bay, ocean, etc.

-• .... r- _1--Y wtu LUUILLILY W111PUlUFY unpack. Unpacis include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
N/A
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 ur greater than or equal to 150 linear feet of total impacts to perennial
streams
D,-onC1
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 ?
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 (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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Im act

(square fcet
Multiplier
Required
Mitigation
1 3
2 1.5
Total
a.n'ad a uu? ?u 1-i 1-11-luicuLr Iron near oanK of cllannel; /One 2 extends an
additional 20 feet from the edge of Zone 1.
D-- I I ..r I')
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 213 .0242 or.0260.
XI. Stormwater (DWQ Only)
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.
XII. 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.
XHL Violations (DWQ Only)
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).
p
:????ili?anl/???;??nl'S S.
1911,11111e U,Uc
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
P.- 11 ..r 11
?? Oio
?F
DITCH BANK IMPROVEMENTS
PER DESIGN DRAWINGS BY
HOUSTON ASSOCIATES. PA.
DATED JANUARY 2000. TO
EXTEND ENTIRE LENGTH OF
PROJECT SITE
MARLOWTOWN ROAD
a
I
DITCH INTERSECTION
IMPROVEMENT
ty)
4Q
?Q
LPROJECT SITE
?G
C
V
Z
DITCH INTERSECTION
IMPROVEMENT

PROPOSED GRADE
15' MAX.
TOP OF BANK GRADE
PER DESIGN DRANANGS
BY HOUSTON ASSOC.. P.A.
EXISTING GRADE
TYPICAL DITCH BANK
IMPROVEMENT
N.T.S.
150'
EX. DITCH BANK
A
EX. DITCH BANK
AREA TO BE EXCAVATED
PLAN VIEW
SCALE: 1 50'
EXISTING GRADE
OF DITCH CL
U
0
X
W
J
U
EXISTING GRADE
PROPOSED GRADE
0
X
W
J
U
SECTION A-A
SCALE: 1'=50' H
l"=5' V
EXISTING GRADE
OF DITCH CL
TYPICAL DITCH INTERSECTION
TO CENTERLINE GRADE
OF EXISTING DITCHES
PROPOSED
TOP OF BANK
IMPROVEMENT
t4
U.S. ARMY CORPS OF ENGINEERS
. WILMINGTON DISTRICT
Action Id.: 200200249 County: Brunswick
NATIONWIDE PERMIT 41 VERIFICATION
Property owner: Town of Carolina Shores
c/o Linda Herncane, Town Administrator
P.O. Box 4038
Calabash, NC 28467
j J
Quad: Calabash
Telephone No: [phone] Zone: 17 UTM: North: 723325 East: 3754027
Size and Location of project (water body, road name & number, town): The site is a historically channelized
waterway that flows to Persimmon Swamp in the Town of Carolina Shores, NC. The project site is within the waterway
between Country Club Road to where the stream flows under US Highway 17.
Description of Activity: The project consists of the regrading of the channel banks to reshape the bank slopes and to
dredge segments of the upland bank to reduce the angle of confluence of two tributaries where they enter the main
channel. The project includes the movement and deposition of soil to build up the berms to reduce stream overflow.
The toe-to-toe width of the western berm will not be greater than 15 ft. to ensure that fill is not deposited in wetlands
near the banks. The permit and conditions (total 13 pages), and permit dawings (4 pages) are enclosed. Authorization
for this Nationwide permit expires on March 18, 2002. If the project is started or under contract to commence by
March 18, 2002, however, authorization to complete the activity is extended until March 18, 2003.
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)
Authorization: Nationwide Permit 41
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Environmental Management, telephone [phone]. Before beginning work in any of the 20 coastal counties, you
must contact the N.C. Division of Coastal Management at [phone].
Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the NWP
referenced above may subject the permittee to a stop work order, a restoration order, or appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain other
required Federal, state, or local approvals or permits. The permittee may need to contact 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.
Date of Verification: February 7, 2002
Expiration Date of Verification: March 18, 2002
Corps Regulatory Official: 31 rwas Farrell Telephone: [phone]
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACI IFD TO TITF FTI F COPY OF THIS FORM, IF IZEQUIRFD OR AVATLABI,E.
-I-
General Conditions
a. All activities authorized by this general permit that involve the discharge of dredged or fill material in
waters of the United States will be consistent with applicable water quality standards, effluent limitations and
standards ol'performance, prohibitions, pre-treatment standards and management practices established pursuant to
the Clean Water Act (33 U.S.C. 1344) and applicable State and local law. If the proposed activity involves the
discharge of dredged or fill material in waters of the United States, prior to the commencement of any work, the
applicant will satisfy the North Carolina Division of Environmental Management (NCDEM) regarding the need for a
Water Quality Certification pursuant to Section 401 of the Clean Water Act.
b. There will be no unreasonable interference with navigation or the right of the public to riparian access by
the existence or use of activities authorized by this general permit.
c. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply
with the terms or conditions of this general permit, will, within sixty (60) days, without expense to the U.S.
Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms
and conditions or return the worksite to a pre-work condition.
d. The permittee must make every reasonable effort to perform the work authorized herein
in a manner so as to minimize any adverse impact on fish, wildlife and natural environmental values.
e. The permittee must perform the work authorized herein in a manner so as to minimize any degradation of
water quality. The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Increases such that the turbidity in the water body
is fifty (50) NTUs or less in all rivers not designated as trout waters by the North Carolina Division of Environmental
Management (NCDEM), twenty-five (25) NTUs or less in all saltwater classes and in all lakes and reservoirs, and
ten (10) NTUs or less in trout waters, are not considered significant.
f. The permittee will permit the Wilmington District Engineer or his representative to make periodic
inspections at any time deemed necessary in order to assure that the activity is being performed or maintained in
strict accordance with the Special and General Conditions of this permit.
g. This general permit does not convey any rights, either in real estate or material, or any exclusive
privileges; and it does not authorize any injury to property or invasion of rights or any infringement of Federal, State
or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the
activity authorized herein. These may include, but are not necessarily limited to, a Dredge and/or Fill Permit
(N.C.G.S. 113-229), a Coastal Area Management Act (CAMA) Permit (N.C.G.S. 113A-118), an Easement to Fill
(N.C.G.S. 146-12) and a Water Quality Certification pursuant to Section 401 of the Clean Water Act.
h. Authorization provided by this general permit may be either modified, suspended or revoked in whole or
in part if the Wilmington District Engineer, acting on behalf of the Secretary of the Army, determines that such
action would be in the best public interest. Unless subject to modification, suspension or revocation, the term of this
general permit shall be five (5) years. Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the U.S. Government.
i. This general permit does not authorize the interference with any existing or proposed Federal project and
the permittee will not be entitled to compensation for damages or injury to the structures or work authorized herein
which may be caused by or result from existing or future operations undertaken by the United States in the public
interest.
j. This general permit will not be applicable to proposed construction when the Wilmington District Engineer
-2-
determines that the proposed activity would significantly affect the quality of the human environment and determines
that an Environmental Impact Statement (EIS) must be prepared.
k. This general permit will not be applicable to proposed construction when the Wilmington District
Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas
which possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies
to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for
inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and
local entities.
(2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of
Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National
Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native
American Graves Protection and Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as determined by the Secretaries of
Interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531).
1. Permittees are advised that development activities in or near a floodway may be subject to the National
Flood Insurance Program which prohibits any development, including fill within a lloodway that results in any
increase in base flood elevations.
rn. At his discretion, the Wilmington District Engineer may determine that this general permit will not be
applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in
accordance with 33 CFR 325 will be available.
n. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of
the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon notice from the Corps
of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal or alteration.
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Environmental Management, telephone [phone]. For any activity within the twenty coastal counties, before
beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the NWP
referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
-3-
NATIONWIDE PERMIT 41
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
MARCH 9, 2000
Reshaping Existing Drainage Ditches. Discharges of dredged or fill material into non-tidal waters of
the United States, excluding non-tidal wetlands adjacent to tidal waters, to modify the cross-sectional
configuration of currently serviceable drainage ditches constructed in these waters. The reshaping of the
ditch cannot increase drainage capacity beyond the original design capacity or expand the area drained
by the ditch as originally designed (i.e., the capacity of the ditch must be the same as originally designed
and it cannot drain additional wetlands or other waters of the United States). Compensatory mitigation
is not required because the work is designed to improve water quality (e.g., by regrading the drainage
ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, increase uptake of
nutrients and other substances by vegetation, etc.). The permittee must notify the District Engineer in
accordance with General Condition 13, if greater than 500 linear feet of drainage ditch will be reshaped.
Material resulting from excavation may not be permanently sidecast into waters but may be temporarily
sidecast (up to three months) into waters of the United States, provided the material is not placed in
such a manner that it is dispersed by currents or other forces. The District Engineer may extend the
period of temporary sidecasting not to exceed a total of 180 days, where appropriate. This NWP does
not apply to reshaping drainage ditches constructed in uplands, since these areas are not waters of the
United States, and thus no permit from the Corps is required, or to the maintenance of existing drainage
ditches to their original dimensions and configuration, which does not require a Section 404 permit (see
33 CFR 323.4(a)(3)). This NWP does not authorize the relocation of drainage ditches constructed in
waters of the United States; the location of the centerline of the reshaped drainage ditch must be
approximately the same as the location of the centerline of the original drainage ditch. This NWP does
not authorize stream channelization or stream relocation projects. (Section 404)
NATIONWIDE PERMIT #41. RESHAPING EXISTING DRAINAGE DITCHES
Section 404
PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used
and maintained in effective operating condition during construction, and all exposed soil and other fills,
as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of
aquatic life indigenous to the waterbody, including those species which normally migrate through the
area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be
installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must
be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions
which may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps or by the State or tribe in its Section 401 water quality
certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic
River System; or in a river officially designated by Congress as a "study river" for possible inclusion in
the system, while the river is in an official study status; unless the appropriate Federal agency, with direct
management responsibility for such river, has determined in writing that the proposed activity will not
adversely effect the Wild and Scenic River designation, or study status. Information on Wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in the area (e.g.,
National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife
Service.)
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not limited
to, reserved water rights and treaty fishing and hunting rights.
2
9. Water Quality Certification. The permittee must comply with all conditions of General Water Quality
Certification No. 3287, issued by the North Carolina Division of Water Quality (NCDWQ) on June 1,
2000.
10. Coastal Zone Management. The North Carolina Division of Coastal Management (NCDCM), has
waived consistency.
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued existence
of a threatened or endangered species or a species proposed for such designation, as identified under
the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical
habitat of such species. Non-Federal pemuttees shall notify the District Engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or is located in the
designated critical habitat and shall not begin work on the activity until notified by the District Engineer
that the requirements of the Endangered Species Act have been satisfied and that the activity is
authorized. For activities that may affect Federally-listed endangered or threatened species or
designated critical habitat, the notification must include the name(s) of the endangered or threatened
species that may be affected by the proposed work or that utilize the designated critical habitat that may
be affected by the proposed work. As a result of formal or informal consultation with the FWS or
NMFS, the District Engineer may add species-specific regional endangered species conditions to the
NWP's.
b. Authorization of an activity by a NWP does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act.
In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected
species are in violation of the Endangered Species Act. Information on the location of
threatened and endangered species and their critical habitat can be obtained directly
from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries
Service or their world wide web pages at h"://www.fws.gov/r9endspp/endspp.html and
h"://nfms.gov/proLres/esahome.html, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in
the National Register of Historic Places is authorized, until the District Engineer has complied with the
provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or
which the prospective peinmittee has reason to believe may be eligible for listing on the National Register
of Historic Places, and shall not begin the activity until notified by the District Engineer that the
requirements of the National Historic Preservation Act have been satisfied and that the activity is
authorized. Infonnation on the location and existence of historic resources can be obtained from the
State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)).
For activities that may affect historic properties listed in, or eligible for listing in, the National Register of
Historic Places, the notification must state which historic property may be affected by the proposed
work or include a vicinity map indicating the location of the historic property.
13. Notification:
a. Timing. Where required by the terms of the NWT, the prospective permittee must notify the
District Engineer with a PreConstruction Notification (PCN) as early as possible. The District Engineer
must determine if the PCN is complete within 30 days of the date of receipt and can request the
additional information necessary to make the PCN complete only once. However, if the prospective
pemmittee does not provide all of the requested information, then the District Engineer will notify the
prospective permittee that the PCN is still incomplete and the PCN review process will not commence
until all of the requested information has been received by the District Engineer. The prospective
permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under the
NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified by the District or Division Engineer that an individual permit is required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or Division
Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended,
or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2); and
b. Contents of notification. The notification must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project; and
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; and other NWP(s), regional general permit(s) or
individual pen-nit(s) used or intended to be used to authorize any part of the proposed project or any
related activity.
(4) For NWP 41, the PCN must also include a delineation of affected special aquatic sites,
including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle
and pool complexes (see paragraph 13(f));
c. Form of Notification: The standard individual permit application form (Form ENG 4345) may
be used as the notification but must clearly indicate that it is a PCN and must include all the information
required in b.(1)-(4) of General Condition 13. A letter containing the requisite information may also be
used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the District
Engineer will determine whether the activity authorized by the NWP will result in more than minimal
individual or cumulative adverse environmental effects or may be contrary to the public interest. The
prospective perrttee may, optionally, submit a proposed mitigation plan with the PCN to expedite the
process and the District Engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in detennining whether the net adverse environmental effects to the aquatic
environment ofthe proposed work are minimal. If the District Engineer determines that the activity
complies with the terms and conditions of the NWP and that the effects on the aquatic environment are
minimal, the District Engineer will notify the permittee and include any conditions the District Engineer
deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee is required to submit a compensatory mitigation
proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective
permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will
expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the
plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific
proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If
the net adverse effects of the project on the aquatic environment (after consideration of the
compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District
Engineer will provide a timely written response to the applicant stating that the project can proceed
under the terms and conditions of the nationwide permit.
If the District Engineer determines that the adverse effects of the proposed work are more than
minimal, then he will notify the applicant either.
(1) that the project does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit;
(2) that the project is authorized under the NWP subject to the applicant's submission of a
mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal
level; or
(3) that the project is authorized under the NWP with specific modifications or conditions.
Where the District Engineer determines that mitigation is required in order to ensure no more than
minimal adverse effects on the aquatic environment, the activity will be authorized within the 45-day
PCN period, including the necessary conceptual or specific mitigation or a requirement that the
applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment
5
to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item
(2) above, no work in waters of the United States will occur until the District Engineer has approved a
specific mitigation plan.
e. Agency Coordination. The District Engineer will consider any comments from Federal and
State agencies concerning the proposed activity's compliance with the teems and conditions of the
NW-Ps and the need for mitigation to reduce the project's adverse effects on the aquatic environment to
a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater than '/2
acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide
immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the
appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency,
EPA, State Historic Preservation Officer (S11PO), and, if appropriate, the National Marine Fisheries
Service. (With the exception of NWP 37) These agencies will then have 10 calendar days from the
date the material is transmitted to telephone or fax the District Engineer notice that they intend to
provide substantive, site-specific comments. If so contacted by an agency, the District Engineer will
wait an additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide no
response to the resource agency, except as provided below. The District Engineer will indicate in the
administrative record associated with each notification that the resource agencies' concerns were
considered. As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and
Management Act, the District Engineer will provide a response to National Marine Fisheries Service
within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are
encouraged to provide the Corps multiple copies of notifications to expedite agency notification.
£ Wetlands Delineations. Wetland delineations must be prepared in accordance with the current
method required by the Corps. {For NWP 29 see paragraph (b)(9)(iii) for parcels less than '/acre
in size.) The permittee may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland
delineation has been completed and submitted to the Corps, where appropriate.
g. For activities that may adversely affect Federally-listed endangered or threatened species, the
PCN must include the name(s) of those endangered or threatened species that may be affected by the
proposed work or utilize the designated critical habitat that may be affected by the proposed work.
h. For activities that may affect historic properties listed in, or eligible for listing in, the National
Register of Historic Places, the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property.
14. Compliance Certification. Every permittee who has received a Nationwide permit verification from
the Corps will submit a signed certification regarding the completed work and any required mitigation.
6
The certification will be forwarded by the Corps with the authorization letter. The certification will
include:
a. A statement that the authorized work was done in accordance with the Corps authorization,
including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the permit
conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete
project is prohibited, except when the acreage loss of waters of the United States authorized by the
NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For
example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the
total project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, may occur in the proximity of a public water supply
intake except where the activity is for repair of the public water supply intake structures or adjacent
bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States
or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless
the activity is directly related to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants
in toxic amounts (see Section 307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to
waters of the United States to the maximum extent practicable at the project site (i.e., on site).
Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment
are minimal. The District Engineer will consider the factors discussed below when determining the
acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic
environment that are more than minimal
a. Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts
requiring a PCN. Consistent with National Policy, the District Engineer will establish a preference for
restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only
in exceptional circumstances.
b. To be practicable, the mitigation must be available and capable of being done considering costs,
existing technology, and logistics in light of the overall project purposes. 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 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, preferably in the same watershed;
c. The District Engineer will require restoration, creation, enhancement, or preservation of other
aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the
adverse effects on the aquatic environment are minimal. An important element of any compensatory
mitigation plan for projects in or near streams or other open waters is the establishment and
maintenance, to the maximum extent practicable, of vegetated buffers next to open waters on the
project site. The vegetated buffer should consist of native species. The District Engineer will determine
the appropriate width of the vegetated buffer and in which cases it will be required. Normally, the
vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineer may
require wider vegetated buffers to address documented water quality concerns. If there are open
waters on the project site and the District Engineer requires compensatory mitigation for wetland
impacts to ensure that the net adverse effects on the aquatic environment are minimal, any vegetated
buffer will comprise no more than 1/3 of the remaining compensatory mitigation acreage after the
permanently filled wetlands have been replaced on a one-to-one acreage basis. In addition,
compensatory mitigation must address adverse effects on wetland functions and values and cannot be
used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of
some of the NWPs (e.g., for NWP 39, '/4 acre of wetlands cannot be created to change a `d re loss of
wetlands to a '/4 acre loss; however, %cre of created wetlands can be used to reduce the impacts of a
1/3 acre loss of wetlands). If the prospective perrnittee is required to submit a compensatory mitigation
proposal with the PCN, the proposal may be either conceptual or detailed.
d. To the extent appropriate, pennittecs should consider mitigation banking and other appropriate
forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is
necessary to offset losses of waters of the United States and ensure that the net adverse effects of the
authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as
mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District
Engineer determines that activity-specific compensatory mitigation is more appropriate, based on which
is best for the aquatic environment. These types of mitigation are preferred because they involve larger
blocks of
protected aquatic environment, are more likely to meet the mitigation goals, and are more easily
checked for compliance. If a mitigation bank or other consolidated mitigation approach is not
available in the water shed, the District Engineer will consider other appropriate forms of compensatory
mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of the
authorized work on the aquatic environment are minimal.
8
20. Spawning Areas. Activities, including structures and work in navigable waters of the United States
or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to
the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or
smother downstream by substantial turbidity) of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to
maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates).
Furthermore, the activity must not permanently restrict or impede the passage of normal or expected
high flows (unless the primary purpose of the fill is to impound waters) and the stricture or discharge of
dredged or fill material must withstand expected high flows. The activity must, to the maximum extent
practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates
from the site similar to preconstruction conditions, and must not increase water flows from the project
site, relocate water, or redirect water flow beyond preconstruction conditions. In addition, the activity
must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion
downstream and upstream of the project site, unless the activity is part of a larger system designed to
manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in navigable
waters of the United States or discharge of dredged or fill material, creates an impoundment of water,
adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction
of its flow shall be minimized to the maximum extent practicable
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must
be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected
areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine
sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for
Federally listed threatened and endangered species, coral reefs, State natural heritage sites, and
outstanding national resource waters or other waters officially designated by a State as having particular
environmental or ecological significance and identified by the District Engineer after notice and
opportunity for public comment.
26. Fills Within 100-Year Floodplains. For purposes of this general condition 100-year floodplains
will be identified through the Federal Emergency Management Agency" (FEMA) Flood Insurance Rate
Maps or FEMA-approved local floodplain reaps.
9
STATE CONSISTENCY CONDITION
Consistency waived.
WATER QUALITY CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third acre (0.33 acre, 0.135 hectare) of
wetlands or waters for a project requires written concurrence from the Division of Water Quality. If
impacts fall below this threshold and the stream impact threshold described in Condition 4, written
concurrence is not required unless the applicant believes that any condition of this certification cannot be
met. In such cases, an application and written concurrence from DWQ is required;
2. Proposed fill or substantial modification of equal to or less than one-third acre (0.33 acre, 0.135
hectare) of wetlands for a project does not require written concurrence from the Division of Water
Quality as long as the project is in compliance with all conditions of this General Certification except
Condition No. 16;
3. Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A
NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division
of Water Quality;
4. Proposed fill, flooding or substantial modification of greater than or equal to 150 linear feet (45.7
meters) cumulative impact on all streams for a project requires written concurrence from the DWQ.
Stabilization practices (i.e. rip-rap), excavation, removal of bank-to-bank vegetation, and any other
work that alters the natural dimension, pattern, or profile shall be included in the reported impacts along
with the placement of culverts and other structures in wetlands or streams;
5. Proposed fill or substantial modification of less than 150 linear feet (45.7 in) cumulative impact on all
streams on a project does not require written concurrence from the Division of Water Quality as long as
the project is in compliance with all conditions of this General Certification except Condition No. 16.
However, Condition No. 6 is applicable to all streams in basins with riparian area protection ntles;
6. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins requires written
concurrence from DWQ in accordance with 15A NCAC 213.0233, NCAC 213.0259 and.0250 and
15A NCAC 21-1 .0500. New development activities located in the protected 50-foot wide riparian
areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be
limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0233, 15A NCAC 213.0259 and.0250. All new development shall be located, designed,
constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. Activities listed as "exempt" from these rules
do not need to apply for written concurrence under this Certification;
10
7. In order to protect and preserve water quality in the immediate watersheds which drain directly to
303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water
supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of
the stomiwater management plan when a site-specific stormwater management plan is required.
Methods such as dry detention basins followed by level spreaders that sheet flow through forested filter
strips and that meet the design standards specified in the latest version of the NC DENR Stormwater
Best Management Practices Manual may also be used, if appropriate. Approval of stormwater
management plans by the Division of Water Quality's other existing state stormwater programs including
appropriate local programs are sufficient to satisfy this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs;
8. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and intermittent
stream impacts in watersheds classified as ORW, HQW, Tr, WS-1 and WS-1I;
9. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a
401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA
Pemut, one payment to both agencies shall be submitted and will be the higher of the two fees;
I O.In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts
to streams and/or wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application. A determination of buffer, wetland and stream mitigation
requirements shall be made by DWQ for any Certification involving written concurrence. The most
current design and monitoring protocols from DWQ shall be followed and written plans submitted for
DWQ's approval as required in those protocols;
11. For any project involving a stream re-alignment, a stream relocation plan must be included with the
401 application. This plan must be approved by DWQ prior to issuance of the 401 Certification.
Relocated stream designs should include similar dimensions, patterns and profiles as the existing channel.
The new channel shall be constructed in the dry and water shall not be turned into the new channel until
the banks are stabilized. Vegetation used for bank stabilization shall be limited to native species, and
should include establishment of a 50 foot wide wooded buffer on both sides of the relocated channel to
the extent practical;
12. Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be
shown to DWQ that providing passage would be impractical. Design and placement of culverts and
other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium 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
11
that the equilibrium shall be maintained if requested in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or wetlands,
openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or wetlands;
13. Stormwater management measures and structures shall be implemented for all project sites in order
to prevent degradation of downstream water quality or uses, including protection of downstream stream
bed and bank stability. Additional site- specific stormwater management requirements may be added to
this Certification at DWQ's discretion on a case by case basis for projects that have impervious cover
of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices manual. Alternative
designs may be requested by the applicant and will be reviewed on a case-by-case basis by the Division
of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to satisfy this
Condition. This condition applies unless more stringent requirements are in effect from other state water
quality programs;
14. That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual"
or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the
Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance
with all specifications governing the proper design, installation and operation and maintenance of such
Best Management Practices in order to assure compliance with the appropriate turbidity water quality
standard;
15. All sediment and erosion control measures placed in wetlands and waters shall be removed and the
natural grade restored within two months after the Division of Land Resources has released the project;
16. Additional site-specific conditions may be added to projects with greater than one- third acre
(0.33ac, 0.135 hectare) impact to wetlands or waters or 150 linear feet (45.7 meters) of streams which
are proposed under this Certification;
17. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of
the state until the concrete has hardened;
18. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. All
water quality-related conditions of the FONSI or ROD shall become conditions of this Certification;
19. When written concurrence is required, the applicant is required to use the enclosed Certification of
Completion form to notify DWQ when all work included in the 401 Certification has been completed;
12
20. If this General Certification is used in combination with General Water Quality Certifications for
Nationwide Permits 13, 14, 18 and 40, written approval from the Division of Water Quality is required;
21. Concurrence from DWQ that this Certification applies to an individual project shall expire three
years from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Nationwide Permit 39, 41, 42, 43 and 44, whichever is sooner.
13
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Michael F. Easley, Governor
William G. Rost, Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Gregory J Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Oftlce
November 2, 2001
Ms. Linda Herncane
Town of Carolina Shores
PO Box 4038
Calabash, NC 28467
Subject: EXEMp'TION from Stormwater
Management Permit Regulations
Stormwater Project No. SW8 011027
Town of Carolina Shores Drainage Systems
Brunswick County
Dear Ms. Herncane:
The Wilmington Regional Office received a copy of your application for the project known as Town of Carolina
Shores Drainage Systems. Staffof the Wilmington Regional Office have reviewed the application for the applicability of the
Stormwater Management rules to the proposed activity at this project, Based on our review, you do not appear to be proposing
a development activity on this site at this point it time that would be subject to the stormwater requirements as provided for
in 15A NCAC 2H,1000, Please be advised that other regulations will potentially apply to your proposed actin ides,
If your project disturbs five acres or more and has a point source discharge of stormw•ator runoff, then it is subject
to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to
have an NPDE.S permit for stormwater discharge from projects meeting these criteria.
This exemption applies only to the Coastal Stormwater Management Permit for the currently proposed activity. if
at any time in the future, development of any part of this site is planned, as defined in NCAC 2H, 1000, or if the proposed
activities differ in any manner from what is shown on the plans on file with the Division, you must submit the project for
re%iew of the applicability of the stormwater management rules. If yr_•.u have any questions concerning this matter, please do
not hesitate to call me at [phone],
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl, S:\WQS%STORMWATIEXEMPTI
cc: Amie S, Drucker, P.E,
Delaney Aycock
Janet Russell, Brunswick County 13uilding Inspections
Linda Lewis
Wilmington Regional Office
Central Files

N C Division of Wetat quality 127 Coedim l Drive Extenflon WImimgtori. M.C 28406 [phone] Fox 1010) 330,2001 Customw 3-vics
e00.e23-7716
State of North Carolina
bepaitment of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
December 19, 2001
LETTER OF APPROVAL
Town of Carolina Shores
Ms. Linda Herncane, Town Administrator
P.O. Box 4038
Calabash, NC 28467
Dear Ms. Herncane:
Submitted by: AB Consulting Engineers, PLLC
Date Received: December 14, 2001
Revised Submittal
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AIIMII NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Project Name: Town of Carolina Shores Drainage System
Project No.: BR-02076
Location: Country Club Rd/US Hwy 17 - Brunswick County
River Basin: Lumber
This office has reviewed the subject sedimentation and erosion control plan. We find the plan to
be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be
posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no
land-disturbing activity has been undertaken, as is required by Title 15A NCAC 413.0029.
Please be advised that Title 15A, of the North Carolina Administrative Code, 4B.001 8(a) requires
that a copy of the approved plan be on file at the job site. Also, you should consider this letter to give
the Notice required by GS 113A-61(a) approved plan. The last page(s) which lists approval comments
should be copied and attached to the sedimentation and erosion control plan that is maintained on site.
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring
protection of the natural resources and adjoining properties. If, following the commencement of this
project, it is determined that the erosion and sedimentation control plan is inadequate to meet the
requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-
51 thru 66), this office may require revisions to the plan and its implementation to insure compliance with
the Act.
Acceptance and approval of this plan is conditioned upon your compliance with federal and state
water quality laws, regulations, and rules. In particular, if wetlands are effected by this land disturbing
activity, the provisions of the Clean Water Act as mandated by the Environmental Protection Agency
must be adhered to. In addition, local city or county ordinances or rules may also apply to this land-
disturbing activity. This approval does not supersede any other permit or approval.
127 Cardinal Drive Extension, WiImineton, N.C. 28405-3845 • TeIenhone 910-195-1900 • Fax 91 n_15n_1nna
Ms. Linda Herncane
December 19, 2001
Page Two
Please be aware that if five acres are to be disturbed by this project, you will be covered by the
enclosed general storm water permit NCG01000 (Construction Activities). You should first become
familiar with all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form which you provided . You are requested to file an amended form if there
is any change in the information included on the form. In addition, it would be helpful if you notify this
office of the proposed starting date for this project.
We look forward to working with you on this project. If you have any questions, please contact
our office.
Sincerely,
Z2? .
Daniel Sams, P.E., M.E.
Regional Engineer
DES/dbn
cc: Arnie S. Drucker, P.E.; AB Consulting Engineers, PLLC
W iRO-LQS

Page 1 of 2
APPROVAL COMMENTS AND CONDITIONS
PROJECT NAME: Town of Carolina Shores Drainage System
PROJECT NUMBER: BR-02076
LOCATION: Country Club Rd/US Hwy 17- Brunswick County
RIVER BASIN: Lumber
SUBMITTED BY: AB Consulting Engineers, PLLC
DATE RECEIVED: December 14, 2001
This plan approval shall expire three (3) years following the date of approval, if no land disturbing activity
has been undertaken, as is required by Title 15A NCAC 4B.0029.
2. The developer is responsible for the control of sediment on-site. If the approved erosion measures prove
insufficient, the developer must take those additional steps necessary to stop erosion from leaving this site.
Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out
is necessary anytime the device is at 50% capacity.
3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted. The removal of vegetation within any existing ditch or channel is
prohibited unless the ditch or channel is to be regraded with side slopes of 2 horizontal to 1 vertical or less
steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject
to the same erosion control requirements as new ditches.
4. The developer is responsible for obtaining any and all permits and approvals necessary for the development
of this project prior to the commencement of this land disturbing activity. This could include agencies such
as the Division of Water Quality's stormwater regulations, their enforcement requirements within Section
401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean
Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste
Management's landfill regulations, the Environmental Protection Agency and/or The U. S. Army Corps of
Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may
be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease
and Desist Order from the Corp of Engineers, that Order would only apply to wetland areas. All highland
would still have to be in compliance with the N.C. Sedimentation Pollution Control Act.
5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer
is responsible for compliance with the requirements of the Division of Water Quality, the Corps of Engineers
and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within
jurisdictional wetland area must be approved by the aforementioned agencies prior to installation or our
Section must be notified of a relocation of the measures in question to the transition point between the
wetlands and the highlands to assure that the migration of sediment will not occur. If that relocation presents
a problems or contradicts any requirements of DWQ, the Corps or the EPA, it is the responsibility of the
developer to inform the Land Quality Section regional office so that an adequate contingency plan can be
made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of
this approval.
6. Any borrow material brought onto this site must be from a legally operated mine or other approved source.
A single use borrow site or an area to waste material is only permissible if it is operated under total control
of the Financially Responsible person or firm who is developing this site, is located on or adjacent to this
site, and has been incorporated as part of this plan.
This permit allows for a land disturbance, as called for on the application plan, not to exceed 6 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Any addition in impervious surface, over that already noted on the approved plan, would
also require a revised plan to verify the appropriateness of the erosion control measures and stormwater
retention measures.
Page 2'of 2
8. The velocities of the ditch system are in excess of bare earth minimum established in the North Carolina
Administrative Code 15A Chapter 4B.01 09(d). It will be necessary to minimize the removal of vegetative
cover and provide as a contingency ditch bank liners such as geotextiles or jute mettings.
9. The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in which to
reestablish vegetative groundcover. Slopes (including cuts, fills, and ditch banks) left exposed will, within
15 working days or 30 calendar days (whichever is the shorter) after completion of any phase of grading,
be planted or otherwise provided with groundcover sufficient to permanently restrain erosion.
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