20071598 Ver 1_401 Application_20070907

WITHERS +~' RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
704o WRIGHTSVILLE AVENUE, SUITE ios
WILMINGTON, NORTH CAROLINA, 28403
(9io) 256-9277
FAX [phone]
T0: NC Division of Water Quality
4oi Wetlands Unit
2321 Crabtree Blvd
Raleigh, NC, 27604
WE ARE SENDING YOU
^ Shop Drawings
^ Copy of Letter
®Attached
^ Prints
^ Change order
the following items:
^ Specifications
COPIES DATE N0. DESCRIPTION
2 /18/07 0 0702 2.0o Isolated Wetland Permit A lication

THESE ARE TRANSMITTED as checked below:
® For approval ^ Approved as submitted
^ For your use ^ Approved as noted
^ As requested ^ Returned for corrections
^ For review and comment ^
^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US
REMARKS: R`+~ `" "~ ~ 'Oa `~-
i`
aEfVR - WATER QUAi.~TY
YVEiLAN~4 a;+In ~TQR~'dtUAT~R~ QQ'~~
COPY TO: Fle SIGNED: Troy Beasley
If enclosures are not as noted, kindly notify us at once.
^ Resubmit
^ Submit
^ Return
copies for approval
copies for distribution
corrected prints
~C~~C~Q 0~ ~° ° ~~~~~Q~
DATE /18/07 lOB N0. 030]02!}2.00
ATTENTION Ms. C ndi Karoly
PHONE#
RE: ~4cn StreetTownhomes Isolated Wetland Permit
Ap lication

07-1

^ Under separate covervia
^ Plans ^ Samples
^ Diskette ^

WITHERS t~ RAVENEL
ENGINEERS I PLANNERS I 5LlRVEY~RS
0 7- 1 5 9 8
September 18, 2007
NC-Division of Water Quality
401 Wetlands Unit
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd
Raleigh, North Carolina 27604-2260
Re: 14~' Street Townhomes
Corps AID# SAW-2007-885-065
W&R Project #03070242
Dear Ms. Karoly,
On behalf of Beach House Properties, LLC., we are providing a courtesy copy of the PCN for the
placement of fill into 0.09 acres of isolated wetlands for the construction of the proposed project.
A copy of this PCN has also been provided directly to Ms. Joanne Steenhuis in the Wilmington
Field Office.
The site is located at the northwest quadrant of the intersection of 14`h Street and Greenfield Ave,
in Wilmington, New Hanover County. The project is approximately 2.0 acres in size and is
located in the Cape Fear basin. The onsite wetlands were reviewed and determined to be isolated
by Ms. Jennifer Frye (AID #2007-885-065) on March 8, 2007. A copy of the JD Tearsheet has
been provided as an Appendix to the enclosed PCN.
The current request is for 0.09 acres of impacts to isolated wetlands (see the attached maps
and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincere ,
Troy easley
Environmental Scientist ~ ~ ~? s~ , ~ ; ,~
Attachments: Isolated Wetland PCN
P ~ ~ 2007
~~~~ - wArz~ ou~urr
NL1,~p~~'p ,~nR~.ve?ER 91zq~iCH
Cc. Joanne Steenhuis - DWQ Wilmington Field Office
704o Wrightsville Avenue, Suite ioi Wilmington, North Carolina z84o3 tel: gio-z56.9277 fax: 9io-z56-z584
www.withersravenel.com

,•
Office Use Only' Form Version March OS
. p 7- 1 5 9 8
USACE Action ID No. DWQ No.
(lf any particular item ~s not appucanie to uus p,v~cci, ~,caac ~~~«~ ~~~~ ~.~,r..,,,,.,,„ ~• - ~~ • - •~
I. Processing
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ® Isolated Wetland Pernut from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: IWGP 100000
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 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 Carolina's twenty coastal counties (listed on page
4), .and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
f~99~ ~ ~ 4 A
1. Owner/Applicant Information c r-P 1 ,os 2007
Name: Beach House Properties LLC
Mailing Address: 703 St. Jose h Street Suite 101 °~~~~ - wAr~
Carolina Beach NC 28428 ~~~~~~ ~ rn~~."'~' `RB~~cW
Telephone Number: 910-538-9533 Fax Number: 910-458-9636
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Troy Beasley
Company Affiliation: Withers and Ravenel
Mailing Address: 7040 Wrightsville Ave Suite 101
Wilmington NC 28403
Telephone Number: 910-256-9277 Fax Number: 910-256-2584
E-mail Address: tbeasley_(nJwithersravenel com
Updated 11/1/2005
Page 1 of 9

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: 14t~' Street Townhomes
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): RO5414-021-002-000• RO5414-021-003-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Market Street, take
16t1i Street south Make a right on Greenfield Street Project is located in the southwestern
uadrant of the intersection of Greenfield Street and 14t~' Street.
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): 34.2179 °N 77.9301 °W
6. Property size (acres):
7. Name of nearest receiving body of water: Greenfield Lake
8. River Basin: Cape Fear - HUC Code 03030005
(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/admii~/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinty of the project
at the time of this application: In the existing condition the property consists of
Updated 11/1/2005
Page 2 of 9

undeveloped land The surrounding area is completely developed with a mixture of single
family residential multi-family and commercial uses.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed~roiect will consist of amulti-family townhouse development and associated
infrastructure Standard commercial construction equipment will be used.
11. Explain the purpose of the proposed work: The purpose of the proposed project is to meet
the ig_-owing demand for residential housing in New Hanover County.
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.LP. project, along with
construction schedules. The onsite wetlands were determined to be isolated by Ms. Jennifer Frye
of the Corps of Engineers on March 8 2007 ~AID# SAW-2007-885-065). A copy of the JD
Tearsheet has been provided as Appendix 1
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.
There are no future~ermits anticipated for the proposed 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.
Updated 11/1/2005
Page 3 of 9

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.
1. Provide a written description of the proposed impacts: Approximately 0.09 acres of wetland
im act will occur to the isolated wetland as a result of construction of Units 12 and 13 and
construction of the northern ~arkin~ lot
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,
_1__ l:..a „+,. .1,,., +!. 1-. ~.+1-. ntr.infi irn anal {~nnlltn[T
o.,Yc..u.

Wetland Impact
Site Number
(indicate on map) ~.Ji i .~..t........ ~...._ _..

Type of Impact ~~-------------- --
T e of Wetland
Yp
(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain
(es/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
Wetland A Permanent Fill Forested -Isolated No 1200 if 0.09 ac

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0.09 ac
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts inchtde, 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/straightetung, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocatedLstreams
,,.+ L.~, :,-...l.. rlorl T~ nnl Hill otA ~anraa n~a mn~i~inw 1Ptl Qth X Wl(Ith thP.il ~i Vie by 43.5110.
Stream Impact
Number
(indicate on ma)
Stream Name V
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

NOT APPLICABLE

Total Stream Impact (by length and acreage)
Updated 11/1./2005
Page 4 of 9

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
c:,, ,. ...,~;,,., rtrn~rtinrt flr,.,rl;na rlrainaaP h„lkheads. etc.
1111, IiAV
Open Water Impact

Site Number
(indicate on ma) CLVU~ivai, uivubaa.~„ ..~.~~.---b, »'--'""--p-~ -
Type of Waterbody
Name of Waterbody T e of Im act (lake, pond, estuary, sound, bay,
,f a Lcable yp p
( pp ) ocean, etc.)
Area of
Impact

(acres)

NOT APPLICABLE .

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the roject:
Stream Impact (acres):
Wetland Impact (acres): ~ 0.09 ac
Open Water Impact (acres):
Total Impact 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 USAGE.
At~proximately 0 09 acres of wetland impact will occur to the isolated wetland as a result of
construction of Units 12 and 13 and construction of the northern parking lot.
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
Describe the method of construction (e.g., dam/embankment, excavation,
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
^ wetlands
installation of
lJpdated ll/1/2005
Page 5 of 9

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Due to the small size of the property impacts to the onsite isolated wetlands could not be
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable inchide,
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 Worlc in North Carolina, available at
http•//h2o enr state nc us/newetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Per Water Quality Certification #3402 Section 7 ("In accordance with 15A NCAC 2H .0506
(h) compensatory mitigation may be required for impacts to 150 linear feet or more of
streams and/or one acre or more of wetlands for an entire project") no mrti~atlon is
anticipated for the proposed project
Updated 11/1/2005
Page 6 of 9

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/wrp/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) 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 aNEPA/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
Updated 11/1/2005
Page 7 of 9

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* tmpact Multiplier Required
(square feet) Mitigation
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular trom the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone l .
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
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within I SA NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. In the existing condition, there is no impervious
surface. The site plan proposes the total impervious surface to be 42.4%, and requires a state
stortnwater permit. The proposed impervious surface calculations can be reviewed in the
Development Data table located on the attached site plan. Onsite Stormwater will be treated
using an infiltration system located under the parking areas. An Express State Stormwater
Permit application has been submitted to DWQ.
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.
City of Wilmington Sanitary Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Updated l1/1/2005
Page 8 of 9

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.uslncwetlands. If no, please provide a short narrative description:
The proposed project is located in Downtown Wilmington within an existing residential area.
There is very little undeveloped property within the vicinity. Therefore, the project will not
result in cumulative wetland impacts as a result of future development driven by the proposed
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
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of t11e applicant's control).

Ap~icant/Agent's Signature Date
(Agent's signature is valid only ' uthorization letter from the applicant is provided.)
Updated I UV2005
Page 9 of 9

AGENT AUTHORIZATION

~ 09/17/2007 16:39 FAX [phone]
^
^
^
^
^
^
^
^
ROTAKA J INC
AUTHORITY FOR APPOINTMENT QF AGENT
The undersigned owner(s), Beach House Properties. LLC do(es) hereby appoint Troy Beaslev /
Withers &Ravenel. Inc. as his, her, or it's exclusive agent for the purpose of petitioning the
appropriate local, state and federal environmental regulatory agencies (US Army Gorps of
Engineers, NC Division of Water (luality, NC Division of Coastal Management, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface
waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit
applications/requests for the 14 Street Townhomes project.
The owner does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner.
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend me2tings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies-
This agreement shall continue in effect until completion of the contracted task or termination by
the property owner.
Date: q_ ITS ~ I
Agent's Name, Address & Telephone:
Troy Beaslev /Withers &Ravenel, Inc.
7040 Wrightsville Avenue Suite 101
Wilmington NC 2$403
Tel. [phone]
~.~ County, North Carolina
Signature of Owner(s):
[~] U 01
Rdna.J~ ¢{~Sessup~, ~ev~b~r~'1~1a-~c~-~
(name -Print) ~ ?(Title)
~_. ~
(Signature)
I, Qu~~-~1 ~. ~ ~ S~ ~n~i-~, a Notary Public of the County and State aforesaid, certify that
~U~li~ j{, SzsSup l~ perso-namely appeared before me this day and acknowledged the execution
of the foregoing it strument. Witness my hand and official seal, this ` t~` day of ~
20~. „
.,~,
( ~ GE ~'
NOTARY PU8~J0
NE1Al FI~ANONER CQ, NC
Notary Public
My commission expires DL~~ /J~~ ~ ~ `T~ , 20 G

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0 7- 1 5 9 8
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON D[STRICT
Action Id SAW-2007-$55-065 County: New Hanover U S G S Quad: Wilmin ton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner•/Agent: South Metro Properties LLC
Address: PO Iiox 1144
'Wilmington NC 28402
I elephone No
Property description:
Size (acres) 0.86 Nearest Town Wilmin~tan
Nearest Waterway Green#ield Lake River Basin Cape Bear
USGS I-IUC 03030005 Coordinates N 34.2180 W 77.9303
Lacatian description The tract is located at 1700 South 13c`' Street between Greenfield Street and 1Vlart.in Street
near Greenfield T eke in Wilmington, NC. °
Tndieate Wl~ieh oI'the Fallo~in~ Apply:
A. Preliminary Dete><mination
_ 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 CF'RPart 331)
T3. Approved Deter•m~ination
_ Thore are Navigable W titers of the United States within the above described property subject to tYte permit requirements of
Section 10 o#'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 he relied upon for a period not to exceed five years f'r'om the date of this
notification..
There are waters of the U. S. including 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 ar our published
regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification
_ We strongly suggest you have the wetlands on yotn• 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. F or a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest ynu 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 Iaw or om published regulations, may be relied upon for a period not to exceed
five years .
_ The waters of the U.S including 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.
X Ihere are no waters ofthe U.S , to include wetlands, present an the above described property which are subject to the
permit requu ements of Section 404 of the CIean Water Act (33 USC 1344) Unless there is a change in the law or' our
published regulations, this determine#ion may be relied upon for a period not to exceed five year s from the date of this
notif cation..
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(C.AMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910} 796-7215 to determine
their requirements.
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Action ID: ~~j~Aa1 ~ a-y27 3 . $~r's ~ o ~,.~
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a 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 )i rye at 910-;51-49?3•
C. Basis Fox' Determination
Please he aware that this ro err contains nan-'rrrisdictional isolated v~~etlands. Please confacf the North Carolina
Division of Water uaIi at 919 733-1'186 to discuss the State's re ulations and re uiremenfs for these waters. It was
determined that these wetlands are not borderin net hhorin or court uous with an Section 404 'urisdictional,
waters This determinafion i5 based on information submitted by LMG, Tnc. on 2/21!2007.
D. Remaxks
L. Appeals Infbr'matYOn (this information applies only to approved jurisdictional determinations as indicated in
B.. above} -
Ibis correspondence constitutes an approved jurisdictional determination for the abovo described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 93 CFR part 331.. )enclosed you will ford a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. I# you request to appeal this
determination you must submit a completed PLF A farm to the Sorrth Atlantic Division, Division Office at the F allowing
address:
Mr.. Michael F .Bell, Administxative Appeal Review Officer
CESAD-E I-•CO -R
U.S. Army Corps of Engineers, South Atlantic Division
b0 Forsyth Street; Room 9MI S
Atlanta, Georgia 30303-•8801
In order for an I:FA to 6e accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria far
appeal rrrrder 33 CF'R 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 5/8/2007..
**It is not necessary to submit an RPA form to the Division Office if you do not object to the determination in this
correspondence **
Corps Regulatory Official: _ --
Date 03/08/2007 Expiration Date 03/08/2012
The Wilmington Disdict is committed to providing the highest level of support to the public T o help us ensure we continue to
do so, please complete the attached customer Satisfaction Suzvey or visit
hitp•lhvwwsaw.usace.anny,mil/WETLANDS/indax.html to complete the survey online.
Copy firrnished:
Noelle Lutheran, DENR-DWQ, Wilnungton Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
Land Management Group, Inc , PO Box 2522, Wilmington, NC 28402
Ronald .Iessup, Beach House Properties, PO Box 15730, Wilmington, NC 28408
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