20100743 Ver 1_401 Application_20100910

LMG
LAND MANAGEMENT GROUP ixc.
Environmental Consultants
September 7, 2010
TO: Mr. Chad Coburn
NCDENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
20100743
RE: 401 WQC Application (GC 3821): Dollar General; Highway 211
Action ID# SAW-2006-32734-010
Brunswick County, NC
Dear Chad:
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DEAR. Wi1T? QU?
NEIIANDSgMp sTOUWAtER Bg"CM
Enclosed is an after-the-fact 401 Water Quality Certification application for your review.
This application is submitted on behalf of Dollar Properties LLC for a 2.13-acre tract located off
of Highway 211 in Brunswick County, NC. The applicant was unaware that the site contained
wetlands and constructed a Dollar General store. Based on information from the ACOE staff,
approximately 0.61 acres of wetlands were filled on this property and the property located to the
south. The property located to the south is owned by Mr. Louie Lewis. The applicant seeks to
keep 0.49 acres of wetland fill needed for the structure and associated parking. The rest of the
wetlands (0.12 acre) will be restored once authorization from Mr. Lewis is obtained.
Additionally, the applicant agrees to buy into the Stone Farm Mitigation Bank at a 1:1 ratio.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. The WQC application fee has been sent to the Raleigh office. Please contact me if
you have any questions. Thank you for your assistance with this project.
Sincerely,
i
im Williams
Environmental Scientist
Encl.
C: Mr. Ralph Ronalter, Jr.; Dollar Properties LLC
Ms. Linda Suydam, Baseline Construction Inc.
Mr. Ian McMillan, DWQ
Mr. Tom Walker, ACOE
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
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LMG
LAND MANAGEMENT GROUP INC.
Fnvironirental Consultants
September 7, 2010
TO: Mr. Tom Walker
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28402
RE: NWP 39 Application: Dollar General; Highway 211
Action ID# SAW-2006-32734-010
Brunswick County, NC
Dear Tom:
Enclosed is an after-the-fact NWP 39 application for your review. This application is
submitted on behalf of Dollar Properties LLC for a 2.13-acre tract located off of Highway 211 in
Brunswick County, NC. The applicant was unaware that the site contained wetlands and
constructed a Dollar General store. Based on information from the ACOE staff, approximately
0.61 acres of wetlands were filled on this property and the property located to the south. The
property located to the south is owned by Mr. Louie Lewis. The applicant seeks to keep 0.49
acres of wetland fill needed for the structure and associated parking. The rest of the wetlands
(0.12 acre) will be restored once authorization from Mr. Lewis is obtained. Additionally, the
applicant agrees to buy into the Stone Farm Mitigation Bank at a 1:1 ratio.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely,
L-Zliams
Environmental Scientist
Encl.
C: Mr. Ralph Ronalter, Jr.; Dollar Properties LLC
Ms. Linda Suydam, Baseline Construction Inc.
Mr. Ian McMillan, DWQ
Mr. Chad Coburn, DWQ
www.imgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
20100743
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information 9 PA In
1. Processing
1 a. Type(s) of approval sought from the

Corps:
® Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Dollar General, NC 211
2b. County: Brunswick County
2c. Nearest municipality / town: Shallotte
2d. Subdivision name: N/A ZQ
2e. NCDOT only, T.I.P. or state
project no: N/A WATER
STgrl, TY
3. Owner Information
3a. Name(s) on Recorded Deed: Dollar Properties LLC
3b. Deed Book and Page No. 2643/0205
3c. Responsible Party (for LLC if
applicable): Dollar Properties LLC / Ralph Ronalter, Jr.
3d. Street address: Suite 200,155 West New York Ave
3e. City, state, zip: Southern Pines, NC, 28387
3f. Telephone no.: 910-695-3694
3g. Fax no.: 910-695-3603
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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4. Applicant Information (if different from owner):
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Kim Williams
5b. Business name
(if applicable): Land Management Group, Inc.
5c. Street address: 3805 Wrightsville Avenue, Suite 15
5d. City, state, zip: Wilmington, NC 28403
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 1850001040
Latitude: 33.9887 Longitude: -78.2069
1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 2.13 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary of the Lockwood Folly River
proposed project:
2b. Water Quality Classification of nearest receiving water: C; Sw
2c. River basin: Lumber 03040207
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Project area consists of an existing Dollar General store and associated parking. The landowner was unaware that the
site contained wetlands prior to development. Approximately 0.61 acres of wetlands were filled on this property and the
property located to the south. This is an after-the-fact permit application that seeks to keep 0.49 acres of wetland fill. The
rest of the wetlands will be restored once permission from the landowner (Mr. Louie Lewis) is obtained. Adjacent land use
is commercial, residential, agriculture, or undeveloped.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.49 acre of wetlands existed on the property, which has been filled. An additional 0.12 acre of wetlands
existed on the property to the south.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project was to construct a Dollar General store for the community.
3e. Describe the overall project in detail, including the type of equipment to be used:
The site was cleared and fill material was brought in to grade the site. The Dollar General store, parking area, and turn-
around area were constructed. The applicant proposes to keep approximately 0.49 acres of wetland fill needed for the
building footprint. Approximately 0.12 acres of fill located south of the building will be removed and restored to wetlands
once permission from the landowner (Mr. Louie Lewis) is obtained.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
®Preliminary ? Final
of determination was made?
Agency/Consultant Company:
4c. If yes, who delineated the jurisdictional areas? Land Management Group, Inc.
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A preliminary USACE jurisdictional determination was issued to a previous landowner on 06/19/06 stating that wetlands
exist on property. Since the wetland line was not surveyed prior to disturbance, the specific wetland boundaries have
been approximated by Jennifer Frye and Christy Wicker of the USACE.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ®P ? T Fill for building
pad Non-Riparian ® Yes *
? No ® Corps
® DWQ 0.49
W2 ? P ? T ? Yes
?No ? Corps
?DWQ
W3 ? P ? T ? Yes
? No ? Corps
? DWQ
W4 ? P ? T ? Yes
? No ? Corps
? DWQ
W5 ? P ? T ? Yes
? No ? Corps
? DWQ
W6 ? P ? T ? Yes
? No ? Corps
? DWQ
2g. Total wetland impacts 0.49
2h. Comments: *This is an after-the-fact permit application. Area was partially forested prior to disturbance.
3. Stream Impacts N/A
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts: N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction: N/A
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ): N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse
?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary (T) impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The wetland impacts to be left in place have been minimized to the area essential to the structural integrity of the existing
building. Other fill in wetlands (0.12 ac) will be removed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Fill material removed from wetlands will be placed within an upland area. Wetlands to be restored will be returned to
natural grade and planted with native wetland species.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c. If yes, which mitigation option will be used for this

project? ® Mitigation bank

? Payment to in-lieu fee program

® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank:
3a. Name of Mitigation Bank: Stone Farm Mitigation Bank
3b. Credits Purchased (attach receipt and letter) Type Non-riparian Quantity 0.5 acre
3c. Comments: The applicant proposes using a 1:1 ratio for several reasons. The applicant unknowingly filled wetlands and
has made attempts to resolve the violation in a timely manner. Additionally, wetlands located on this site prior to development
were of low quality. Ditches tied into the wetland pocket, altering hydrology. Furthermore, aerial photos indicate that the site
had been cleared of woody vegetation for several years. Finally, the applicant proposes buying credits from a bank that has
already restored wetlands. Therefore, there would not be a temporal loss of wetlands with this mitigation.
4. Complete if Making a Payment to In-lieu Fee Program: N/A
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: N/A
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan:
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Approximately 0.12 acres of wetlands will be restored by removing unauthorized fill from this area and planting native
wetland vegetation in the area once permission from the landowner has been obtained (see attached figure).
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required. NIA
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
NIA
6h. Comments: N/A
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan

1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A stormwater plan was obtained prior to constructing the Dollar General Store.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review: N/A
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review:
® Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review: N/A
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
The applicant was not aware that wetlands existed on the property.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project will not provide utilities or access to adjacent areas.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The existing project ties into the local wastewater system.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally
protected species were noted on or within a one-half mile of the site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. The site is not considered EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The National Trust for Historic Preservation website mapping resource was used to determine the presence of cultural
resources. No cultural resources were found.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100-year floodplain. The project site does not fall within these
boundaries.

Kim Williams 09/07/2010
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Pagel 1 of 11
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Dollar General site located off of Highway 211 in Brunswick County, NC. All questions
in regards to this project should be directed to Land Management Group, Inc.
Print Name
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Date

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SITE SCALE 1" = 1 Mile
Boundaries are approxjn-gate and are not nieant to be absolute
Map Source: North Carolina Atlas & Gazetteer. Pg 87.2003
Dollar General; Hwy 211 Land Management Group, Inc.
Dollar Properties LLC Environmental Consultants Figure 1
Brunswick County, NC Wilmington, N.C. Vicinity Map
40-10-068 August 2010

M

SITE SCALE 1" = 500'
`Boundaries are approximate and are not meant to be absolute.
Map Source: Lockwoods Folly Quadrangle 7.5 minute (topographic) 1990.
Dollar General; Hwy 211 Land Management Group, Inc.
Dollar Properties LLC Environmental Consultants Figure 2
Brunswick County, NC Wilmington, N.C. USGS Topographic Map
40-10-068 August 2010

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SITE SCALE 1" = 200'
*Boundaries are approximate and are not meant to be absolute.
Map Source: NRCS Soils Map.
Dollar General; Hwy 211 Land Management Group, Inc,
Dollar Properties LLC Environmental Consultants Figure 3
Brunswick County, NC Wilmington, N.C. Soils Map
40-10-068 August 2010
Wit
Boundaries are approximate and are not meant to be absolute.
Map Source: 1998 NAPP aerial photography
SCALE 1" = 200'
Dollar General, Hwy 211 Land Management Group, Inc.
Dollar Properties LLC Environmental Consultants Figure 4
Brunswick County, NC Wilmington, N.C. Aerial Photograph
40-10-068 August 2010
El 404 Wetlands
® Permanent Impact to 404 Wetlands
404 Wetlands to be Restored
SCALE: 1" = 200'
/.
10 -
U.S. ARMY CORPS OF ENGINEERS f t ?
WILMINGTON DISTRICT
Action Id. SAW-2006-32734-010 County: Brunswick U.S.G.S. Quad: Lockwoods Folly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: L.A. Lewis
Address: 237 Ocean Hiahway/NC 17
Supply, NC 28462
Telephone No.:
Property description:
Size (acres) appx. 5 Nearest Town Supply
Nearest Waterway Scotts Branch River Basin Lumber
USGS HUC 03040207 Coordinates N 33.9887 W 78.2069
Location description The tract is located alone the southside of Highway 211, between Old Lennon Road and
Clemmons Road, in wetlands adjacent to an Unnamed Tributary to Scotts Branch, east of Supply, NC.
Indicate Which of the Following ADDIv:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
X We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must-fie verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
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Action ID: ?SAcJ - ?od(o • 3a?3c f. cal0
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute d violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer Frve at 910-251-4923.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to an UT
to Scotts Branch, a tributarv to the Lockwoods Folly River, a tributary to the Atlantic Intracoastal Waterway, a
Navieable Water of the U.S. This determination is based on information submitted by LMG and a site visit by Jennifer
Frve and Henrv Wicker on 5/2/2006.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 8/19/2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date 06/19/2006
Copy furnished:
Land Management Group, Inc., PO Box 2522, Wilmington, NC 28402
Noelle Lutheran, DENR-DWQ Wilmington Regional Office, 127 Cardinal Drive, Wilmington, NC 28405
Adam Lisk, 7616 Hawk Road, Wilmington, NC 28411

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