20070127 Ver 1_401 Application_20070107

WALTON ENGINEER/N
1/17/07
!0070 127
Ian McMillan
401 Wetlands Unit
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Dear Ian:
F;;~~~~~~.._~~
RECEIVED
The enclosed package is a Section 404 Permit/401 Water Quality Certification application for
Grand Oak a planned subdivision. in Rocky Point, NC. Grand Oaks is a planned residential
subdivision located west of the intersection of Hwy 133 and Hwy 210 on Hwy 210. The
project will impact less than tenth of an acre of wetlands and cross an intermittent tributary
that drains into an unnamed tributary of Long Creek. The contents of the package are two
copies of the application (including attachments) and a plan for the project. Also attached are
the acceptance by the NC EEP of the developer's request for compensatory mitigation and
restrictive covenant language. I amended letter b) of the restrictive covenant to "Do not
remove or harm any vegetation root systems. Please contact me if this is not acceptable.
Sincerely,
Adrian Moon
,!~~-~
Copies Furnished:
Ms. Joanne Steenhuis
Division of Water Quality
Wilmington Office

,;
Tel: [phone] PO Box 895, Burgaw, North Carolina, 28425 Fax: [phone]

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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U. S. Army Corps of Engineers' (USAGE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USAGE Individual Permit application form is available online at
www saw.usace.army.mil/wetlands/Permits.html.
The USAGE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USAGE website at www.saw.usace.army.mil/wetlands/index.html, or contact one of the field offices
listed on page 3 of this application. The website also lists the responsible project manager for each
county in North Carolina and provides additional information regarding the identification and regulation
of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USAGE.
Applicants are encouraged to . visit DWQ's 40I/Wetlands Unit website at
1,~t~~.;~„_~.c~~~.;tacc.~~c.us,'«c-~~~~.a:~ds to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the Internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination -Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page 1 of 13

R 'r
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits -Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at
http~//www usace army mil/inet/functions/cw/cecwo/reu/2002nwps.pdf. Processing times vary by
permit and begin once the application has been determined to be complete. Please contact the
appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules -All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested fora 401
Certification, then anon-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $Z00 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http~//h2o ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U. S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U. S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
fora 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 13

US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washingtoq NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Fender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality
401 Wetlands Unit Ecosystem Enhancement Program
1650 Mail Service Center 1652 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1652
Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone]
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service /National 1Vl
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Fivers Island
Beaufort, NC 28516
Telephone: [phone]
Page 3 of 13

CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Pergnimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Allegharry Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 of 13

OfT1ce Use Only: Form Version March OS
20070127
USACE Action ID No. DWQ No.
(ff anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
PAYMENT
Check all of the approval(s) requested for this project: RECE~vEQ
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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 Cazolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Cazolina's twenty coastal counties (listed on page
4), and the project is within a North Cazolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information _ ; ;'
Name: Elloyd McIntire
Mailing Address: 124 Pine Village Drive ,, ., ~.~
Rocky Point NC 28457
Telephone Number: 910-675-9337
E-mail Address:
2. AgentlConsultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Walton En ig neeri~
Mailing Address: PO Box 895
Burg_aw, NC 28425
Telephone Number: 910-259-4800 Fax Number: 910-259-1779
E-mail Address: amoonl(a~bellsouth net
Fax Number: 910-675-3775
Page 5 of 13

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 I1 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: Grand Oaks
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 3204-97-5209-0000
4. Location
County: Pender Nearest Town: Rocky Point
Subdivision name (include phase/lot number): Grand Oaks
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
Hwy 133 go west approximated 6 miles and turn south at Pine Village Dr. Drive until you
see a driving rang golf) and turn left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34°25.42' °N 77°58.45' °W
6. Property size (acres): 26.32
7. Name of nearest receiving body of water: Unnamed tributary to Long_Creek
S. River Basin: NE Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general Land use in the vicinity of the project
at the time of this application: The planned impact is on a stream that flows adjacent to the
project site that has been cleared of timber The general land use in the vicinity of the site is
primarily residential
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: The
project is_..planned residential subdivision with 33 lots. Standard earth moving equipment
shall be used dearth pan, track/back hoe bulldozer)
11. Explain the purpose of the proposed work: The purpose of the work is to build a residential
subdivision and the the impact is culvert crossing at entrance to this subdivision.
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. A Jurisdictional Determination has been completed and reviewed by
Brad Shaver of the Wilmington Re.Rional Office of the USACE.
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.
At this time no fixture permit requests are anticiQated for this project
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 7 of 13

,~
1. Provide a written description of the proposed impacts: A culvert crossing shall be
installed for an entrance into the planned subdivision.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplam
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Culvert crossing Perennial Stream yes 0 .OS

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 2.52 ac
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im ct Impact
Length
linear feet Area of
Impact
(acres
1 Un-named tributary Culvert/fill Intermittent 20 ft 52 ft .OS

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dyed in ,floodin ,drains e, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (~ applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

Page 8 of 13

Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act acres : .06
Wetland Im act acres
O en Water Im act (acres):
Total Im act to Waters of the U. S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See attached.
VIII. Mitigation
Page 9 of 13

DWQ - In accordance with 15A NCAC ZH .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment aze minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Cazolina, available at
http~//h2o enr.state.nc.us/ncwetlands/strm~ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite}, affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the currerrt site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wr~p/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 52
Amount of buffer mitigation requested (squaze feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 13

Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. 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 ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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* ( uare feet) Multiplier ~~uired
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Page 11 of 13

Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XL Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater conrtrols proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. A stormwater plan will be written for the
subdivision but at this time the sQecific stormwater controls have not been designed. Percent
impervious surface will not exceed 30% accordin~~NC stormwater permit guidance Uolicy.
Calculations are attached
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Individual septic systems will be used
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Isthis anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: At this
time no further development is Qlanned
XV. 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
Page 12 of 13

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).

®Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

The planned subdivision is limited in access to the state road NC Hwy 210. The only
access available is Pine Grove Dr., an existing subdivision road. An existing drive
connected to this road that could serve as an entrance is only 30 feet in width and does
not meet a county right-of--way ordinance of 60 feet width for sub-divisions. The area
can't be widened due to properties vn both sides of the road are privately owned. Thus,
an alternative entrance is needed for the planned site, which renders crossing the
intermittent stream that flows in between Pine Grove Dr. and the proposed subdivison
unavoidable. The original location for the crossing was also altered to line up with the
existing crossing used by loggers who cut the timber from the site. In order to minimize
the impact of the stream, two 24" culverts will be installed to prevent impedance of the
normal streamflow. The right-of--way shall be reduced to 50 feet from the 60 feet right-
of-way of the planned entrance. Construction activity will be confined to the 50 feet
right-of--way and no spoil materials will be placed outside of the right-of--way.

. ~ . 01-11-'07 09:05 FROM-DENl3 EEP 9197152001 T-514 P02/02 U-118
Blloyd McIntire
124 Pine Village Dr.
Itacky Point, NC 28a57
~~
January 9, 2007
Project: Grand Oaks
County: Fender
T'ht purpose of this letter is to notify you that the North Carolina Ecosystem Enhancenunt Program (NCEEP) is willing to
accept payment for impacts associated with the above refeavenced project. please note that this decision does not assure that
the payment ~cvill ba approved by the pornrit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to tht NCEEP will be approved.
This acceptance is valid for six months from the dau of this latter. ><Y we have not received a copy of the issued 404
i'erntit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEEp. Once NCEEP receives a copy of the 404 Permitand/or the 401
Certification an invoice will be issued and payment must bo made. The amount of the In Lieu Pee to be paid to NCP.EP by
an applicant is calculated based upon tht Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation arc summarized in the
follawin table
Cape ?~tar
03030007 Stream (foot) Wetlands {acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool 'Warm Ri avian Non-Ri 'att Coastal Marsh
Impacts 0 0 52 0.10 0 0 0 0
Credits 0 0 104 0.~0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. if the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wane NCEEP to be responsible for the additian,-1
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuanct, The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 199$.
If you have any questions or nerd additional information, ploase contact Kelly 'Williams at {419) 716-1921.
Sincerely,
~~ ~~~ ~
am D. Gilmore, PE
Duector
cc: Cyndi Karoly, Wetlands/401 Unit
Brad Shaver, Y.lSACE-Wilmington
Joann Steenhuis, DWQ- Wilmungton
Doug Huggett, NCDCM-Morehead City
Adrian Moon, agent (Elec.)
File
~~~
~CGStpYL',~... ~ ... PYD~ OGGi'' S
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 ! www.nceep.net

•

--- { 0 E Stals 1: AW Deb& 113 Dat®: WGS34
Site Location Map
Grand Oak Estates
Pine Village Dr.
Reproduction of USGS Rocky Point, NC 28457
Figure Rocky Point Quadrangle
Pender County, NC
7.5 Minute Series (Topographic)
WAL?'ON ENGINEERING

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Pender County GIS
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Page 1 of 1
http://gi s.Pender-county.com/ConnectGISWeb/Map/PrintWindow.aspx?Map=http://gis.pender-cou... 1/10/2007

~ ~ ~ r
PROJECT AREA CALCULATION
Project Name: Grand Oaks
Date: 1 /10/2007
Calculated By: ALM
Acres
Total Site Area, AT = 26.32
Total Wetland Area, AW = 2.52
100' Strip of Wetland Area, A~~ = 2.52
Total Upland Area, A~ = 23.8
Method 1
Wetlands Percentage, PW = Aw/AT 9.6% of total site area
A~/0.75 = 31.7 acres
Project Area per Method 1, PA, =Lesser of Pw and A~/0.75 = 26.3 acres
Method 2
Project Area per Method 2, PA2 = 26.3 acres
Project Area = Lesser of PA, and PA2 = 26.3 acres
The 100' wetland strip is measured from the 401/404 line waterward (into the wetlands) of the
project for a distance of 100', or to the mean high water (MHW) line or to the property line,
whichever comes first. No credit for wetlands located outside of the property line or beyond the
MHW line can be given. By definition, the project area includes only htat area above the MHW
line.

~' ~ i ~
Lot Coverage Calculations
Total Area (s.f.): 1,145,628
Percent Coverage: 30%
Road Area(s.f.): 138,935
No. of Lots: 33
Project Name: Grand Oaks
Date: 1 /10/2006
Built Upon Area Limit (per Lot): 6,205

~+ i r ~
Restrictive Covenant Addition
"The areas shown on the recorded plat (Grand Oaks, date, and recording data) as Wetland
Preservation Area shall be maintained in perpetuity in their natural or mitigated condition. No
person or entity shall perform any of the following activities on such preservation area:
a) Fill, grade, excavate or perform any other land disturbing activities
b) Remove or harm any vegetation root systems
c) Construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility
poles or towers, or any other permanent or temporary structures.
d) Drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation
area
e) Dump or store soil, trash, or other waste
~ Graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition of a
Clean Water Act authorization issued by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, Action ID, and therefore maybe enforced by the United States
of America. This covenant is to run with the land, and shall be binding on the owner, and all
parties claiming under it. Property owners cannot amend or modify these restrictive covenants
without the express written consent of the U. S. Army Corps of Engineers, Wilmington District."
Permittee shall execute and cause to be recorded in the Pender County Register of Deeds
restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the
wetland preservation areas, as shown on the recorded plat* (identify by title, date, and recording
data), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other
property within the subdivision. The permittee shall enforce the terms of the restrictive
covenants and, prior to conveyance of the property, shall take no action on the property
described in the covenants inconsistent with terms thereof. The permittee shall provide a copy of
the recorded restrictive covenants to the Corps of Engineers within 5 days of recording.
Pender County, North Carolina
Elloyd cIntire
I certify that the following person personally appeared before me this day, acknowledging to that
he signed the foregoing document: Elloyd McIntire
Date: ~.•`` ~,EE HE '''~.
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My Commission expires