20071613 Ver 1_More Info Received_20070928

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pplied i~e5ource Management, f~C.
September 27, 2007
NCDENR, DWQ, 401 Wetlands Unit
Attn: Cindy Karoly
:.2321 Crabtree Boulevard
l~aleigh, NC 27604-2260
RE: PCN-NW29/401 Notification
Tommie Little Division Tract 7 (Middle Point Subdivision)
W. Windward Landing Place
Hampstead, Pender County, North Carolina
Dear Ms. Karoly,
C~C~~~dG p
S t P 2 8 2007
DENI;i - WAT'FR QUALITY
WETLAtVpe AE~D STORMWRTER BRANCH
Please accept this as the courtesy copy notification for the above referenced site and that no
written concurrence is necessary.
If you have any questions please do not hesitate to contact our office at [phone].
Sincerely,
f
r'~
Ellen F. Cornette, R.S.
Project Geologist
cc: Duncan Porter
I'.0. Box 882
Hampstead, NG 28443
910.270.2919
FAX [phone]

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September 17, 2007
Mr. Brad Shaver
U.S. Army Corps of Engineers
Wilmington Regulatory Office
P.O. Box 1890
Wilmington, NC 28412
RE: PCN-NW29 Application
Seven Pine Subdivision
Hidden Fawn Lane at Bellowing Doe Road
Hampstead, Pender County, North Carolina
Current Action iD: 200600571
Historic Action ID: 199500688
Dear Mr. Shaver,
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Lenora Flick on behalf of her father's estate (Mr. Richard Bryant, III) has authorized and
contracted Applied Resource Management,' PC, and Ellen Cornette to act as the agent for
the completion of the 404 wetland delineation and NW 29 road crossing permit for the
above referenced property. Enclosed are the following:
Completed PCN
Figure 1 Site Vicinity, Wetland And Crossing Location Map With GPS Coordinates
Figure 2 Pender County Tax Map And Aerial Photograph
Figure 3 Pender County 2' Contour Map On Aerial Photograph And Soils Map
Figure 4 Soil Conservation Survey Site Soils Map
Figure 5 Historical Drawings Submitted As Part Of NW14 And NW29 Application
Talbot Land Surveying, P.C. -Wetland Survey
RSC Engineering -Aerial and Cross Section Of Fill Impact
Agent Authorization Letter
Draft NCEEP Transmittal For In-Lieu Of Fees
~~oe~~
SEP 2 g 2001
deN~ - wArER cw,~.itY
Ad1D STOR!l~y~~ BRANf~1
C~_ ~~~~
Copy Of Original Permit And Application

September 17, 2007
Page 2
The project was permitted under USACE Action ID 199500688 in January 1995 and the
project was never completed. The original fill request was for 0.60 acres of fill within lots
18, 19, 21 and 22, 0.12 acre of fill for the road crossing and 0.12 acres of fill on lot 32. It
appears that fill material was placed on Lot 32, and as part of the road crossing; however,
the fill was never placed into lots 18, 19, 21 and 22. The properties located along Hidden
Fawn Lane have been purchased by private individuals (not associated with the
developer) and they are requesting that the road crossing be completed and paved. Fill
has been placed into the wetlands as proposed in the original permit, but the culvert was
never installed to convey the flow from the upper wetlands to the run of the branch. At this
time we are trying to complete the installation of the culvert pipe to complete the original
intent of the road crossing permit. The fill impacts for lots 18, 19, 21 and 22 are not being
requested as part of this permit application.
We are proposing two options for mitigation. The first option is through deed restrictions
on lots 18, 19, 21, 22, and 32, which are currently under the ownership of the Estate of Mr.
Richard Bryant, III. The second mitigation option is through the purchase of NCEEP
Credits, if the site is accepted.
If you have any questions or need any additional information at [phone] or (910)
617-1497 or via email ay [e-mail].
Sincerely,
>~
Ellen F. Cornette, R.S.
Wetland Specialist/Agent
Enclosures

~., ..
September 17, 2007
NCDENR, Division Of Water Quality, WiRO
Attn: Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Application
Seven Pines Subdivision, Hidden Fawn Lane
Hampstead, Pender County, North Carolina
Dear Ms. Steenhuis,
Enclosed are the following documents for your review;
Completed PCN
Figure 1 Site Vicinity, Wetland And Crossing Location Map With GPS Coordinates
Figure 2 Pender County Tax Map And Aerial Photograph
Figure 3 Pender County 2' Contour Map On Aerial Photograph And Soils Map
Figure 4 Soil Conservation Survey Site Soils Map
Figure 5 Historical Drawings Submitted As Part Of NW14 And NW29 Application
Talbot Land Surveying, P.C. -Wetland Survey
RSC Engineering -Aerial and Cross Section Of Fill Impact
Agent Authorization Letter
Draft NCEEP Transmittal For In-Lieu Of Fees
Copy Of Original Permit And Application
If you have any questions or need additional information please do not hesitate to contact me at
[phone].
Sincerely,
s
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Ilen F. Corvette, R.S.
Project Geologist
Enclosures ,~,,,,,~,~,,,,~~,.~„,,
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~ff1Ce USe Only: Form Version May ?002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or °N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 29
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 _r s~ , ~ 5 ~, ~~~~ ~;~
^i
1. Owner/Applicant Information r~~.?
Name: Mr. Richard Bryant II Estate c/o: Lenora Flick, Executor ~ ~~ ~ ~% ~. 20~ ~
Mailing Address: 107 S. Sea Lilly Ct., Hampstead, NC 28443
Tele hone Number: '~~'~'~' ; tir`~~" "~ C2U~i.IT1'
p V~-rlA~.;~,=; .: _r ,~ ir~~~~~~c,.,i r~? BRP+R!Ct~
Fax Number: NA
E-mail Address: NA
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: Ellen F. Cornette
Company Affiliation: Applied Resource Management, P.C.
Mailing Address: P.O. Box 882, Hampstead, NC 28443
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: ellen_ar~bellsouth.net
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
Page 1 of 7

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: Seven Pines Subdivision Road Crossing Hidden Fawn Lane
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4203-40-9512-0000 and road R/W
4. Location
County: Pender Nearest Town: Hampstead
Subdivision name (include phase/lot number): Seven Pines
Directions to site (include road numbers, landmarks, etc.): Highway 17N from Wilmin tg on,
right on Country Club Road to right on Bellowing Doe Road to Right on Hidden Fawn Lane to
area where road ends. (Refer to Figure 1).
5. Site coordinates, if available (UTM or Lat/Long): UTM 18 255545E 380701N
(NAD83/WGS84) (Note - If project is linear, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.) Coordinates
obtained from Topozone.com
6. Property size (acres): Four Lots combined (5.98 acres) & roadway. Refer to Figures 2 and 3.
7. Nearest body of water (stream/river/sound/ocean/lake): The wetland drains to a branch that
is an unnamed tributary draining to Old Topsail Creek that drains to Atlantic ICWW.
8. River Basin: Cane Fear River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at llttp://1~2o.enr.state_nc.us/admin/neaps/.)
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 majority of the subdivision is developed as residential and this
area is in a natural state since it has not been developed for residential dwellings. It I s
proposed to develop lots 18,19,21 and 22 as residential lots.
10. Describe the overall project in detail, including the type of equipment to be used: The road
development and culvert installation equipment will likely consist of backhoe, grader,
compacter motor grader, excavator, rubber tired bulldozer and loader, vibrator and static
rollers, pavers, and hauling vehicles, bush hogs
11. Explain the purpose of the proposed work: The proposed fill impacts will be limited since the
majority of the fill has been placed in the areas prior to this permit. The main area of impact
will occur in the area of the flow dissipater with the installation of rip-rap to prevent erosion
on the downstream side of the road crossing. The road crossing impact of 0.0068 acres. This
Page 2 of 7

will allow the residents on either side of the crossing a secondary access and the postal service
to complete its delivery route. The cumulative impact for this permit is 0.0068 and the total
impact to date will be 0.1268 for the road crossing and the 0.12 fill impact on lot 32.
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.
An original fill impact permit was issued for the site in January of 1995 to fill a total of 0.84 acres
under USACE Action ID 19950068 as a NW26 and NW14. A copy of the permit is enclosed for
your review. The fill impact was completed it appears on lot 32 (Unable to discuss with previous
applicant) and a portion of the impact to the area of the road crossing has occurred (0.1132 acres).
No additional permits have been applied for at this time.
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 additional future impacts known at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent and
temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan.
All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be included
at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation,
list and describe the impact in Section VIII below. If additional space is needed for listing or
description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The area will be backfilled with soil
from off-site. See Talbot Land Surveying and RCS Engineering Figures for Fill Impact Area.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on map) (acres) (yes/no) (linear feet)
Fill Area Fill 0.0068 No <300 ft. Forested wetland
List each impact separately and identity temporary impacts. [mpacts include. but are not limited to: mechanized clearing, grading. fill.
excavation, flooding, ditching/drainage. etc. For dams. separately list impacts due to both structure and flooding.
Pale 3 of 7

** 100-Year t7oodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM). or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-3~8-9616. or
online at http://wtvw.fema.eov.
* List a wetland h~pe that best describes wetland to be impacted (e.g.. freshwater/salhvater marsh, forested wetland. beaver pond. Carolina
Bay. bog. etc.) Indicate if wetland is isolated (determination of isolation to be made by USAGE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.60 acres 404
upland of the crossing
Total area of wetland impact proposed: 0.0068 Isolated
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Site Number
(indicate on map) Type of
[m act* Length of Impact
(linear feet) Stream
Name** Average Width of Stream
Before Im act Perennial or
[ntermittent?
NA NA NA NA NA NA
~' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap.
dams (separately list impacts due to both structure and flooding'), relocation (include linear feet before and after. and net loss/gain),
stabilization activities (cement wall. rip-rap. crib wall. gabions, etc.). excavation. ditching/straightening. etc. If stream relocation is
proposed, plans and profiles showing [he linear footprint for both the original and relocated streams must be included.
r+ Stream names can be found on USGS topographic maps. [f a stream has no name. list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us~a~oi. Several Internet sites also allow direct download and printing of USGS maps (e.g., wi~w.topozone.con~.
3n~w.mapt~uest-com. etc.).
Cumulative impacts (linear distance in feet) to all streams on site
NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
Type of
*
Area of Impact
Name of Waterbody Type of Waterbody
(lake, pond, estuary
sound

(indicate on ma)
Impact
(acres)
(if applicable) ,
,
bay, ocean, etc.)

NA NA NA NA NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding,
drainage, bulkheads. etc.
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.): Not applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):Not applicable
Size of watershed draining to pond: NA Expected pond surface area: NA
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
Page 4 of 7

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The engineer designed the road crossing to be within the 296 sq. foot area that has historically
been impacted to minimize additional impacts. The completion of the crossing will complete the
roadway infrastructure of the intent of the initial subdivision desi~.
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 1501inear feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 include, but are not
limited to: reducing the size of the project; establishing and maintaining wetland and/or upland
vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource
functions and values by creating, restoring, enhancing, or preserving similar functions and values,
preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order for
USACE or DWQ to consider the application complete for processing. Any application lacking a
required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An
applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft
Technical Guide for Stream Work in North Carolina, available at
http. //I12 0. eilr.state.nc. us/nc~vetland si strip ~ide.htnll.
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.
Mitigation is not proposed at this time.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior to
submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hnp://112o~e~.~tate_ne.u~/1~rp/index.ht~n If use of the
NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Page 5 of 7

Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX.
X.
Environmental Documentation (required by DWQ)
Yes ^ No
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
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 ^
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 ^
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse),
15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply
Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact (s uare feet) Multi tier Required Miti anon
1 3
2 1.5
Total
Gone I extends out 3U teet perpendicular trom near bank of channel: Lone Z extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page 6 of 7

XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream
from the property.
At this time a storm water permit has not been applied for.
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.
No permits are required for the road crossing.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (ISA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened
Species, accessibility problems, or other issues outside of the applicant's control).
Page 7 of 7
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

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NOTE: Coordinates collected from www.topozone.com. _~<= ` ~ ~ ' ~' '~ ''~' ' ~ `'
Tir~E; Site Vicinity, Wetland And Crossing FIGURE;
pplied IZeSOUrce Management f C Location Map With GPS Coordinates
a o aox ae2. Ramptread, Nc 2e4as JOB: SCALE: DATE; DRAWN BY:
~910J 270-2919 FAX 270-29EN
0576 1 "= 1,000' 09/13/07 EFC

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rir~E: Pender County Tax Map FIGURE:
pplied IZeSOUrce Management pC And Aerial Photograph
PO Box 882, Hampstead, NC 28443
w~ol2~o-29i9Fnx ~~o-29aa JOB; SCALE: DATE: DRAWN BY:
0576 1" = 200' 9/17/07 EFC

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aaued i;eeource Management ~c On Aerial Photograph And Soils Map
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[phone] FAX [phone]
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SCALE: DATE: DRAWN BY:
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TITLE: SOiI Conservation Survey FIGURE:
ppied ~e5ource Management PC SIt2 SODS MC1EJ
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[phone] FAX 270-998
0576 Not to Scale 9/13/07 EFC

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TITLE: HISfOfICQI DfQWIngS SUbmltted AS 'FIGURE;
pplied IZeSOUrce Management I'C ' POff Of NWl 4 And NW29 AppliCaflOn
P.O. Box 882, Hampstead, NC 28443
~9io~2~o-2vi9Fax 2~o-29ae 'JOB; SCALE: DATE: 'DRAWN BY:
0576 As Shown 9/17/07 EFC
' _ SEVEN PINES SITE LAYOUT
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CURVE TABLE
CURVE RADIUS ARC LENGTH DIRECTION CHORD
C1 232,92' 8.64' S 08'"15'39" W 8.64'
C2 282.92' '1.37' N 06°00'24" E 1.37'
C3 282.82' 3.17' N 06"27'59" E 3.17'
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Lot 18
LINE TABLE
LINE BEARING LENGTI-I
L1 N 78'35'15" W 8.61
L2 N 78'35'15" W 16.29
L3 S 78'04'10" W 10.21
L4 S 79'04'48" W 16.24
L5 N 75'44'46" E 24.27
L6 S 84'27'06" E 18.8'1
L-7 N 89'06'35" E 8.85
Seven Pines \
Section 4 \
MB 23 Pg 129 Lot 28-~
\ I \ I Seven Pines
Section 4 Revised
US Ai~E Certification MB 34 Pct 7
~ N
This certifies that this \ I Q r~ Q , ~'\ ~ ~
copy of this plat I ~ I ~,
accurately depicts the~\-_\ 2 ~ L-~ j L4 ~7 WF- A 1 ~ \ \
boundary of the ~ ~ ~
jurisdiction of tj ~!- ~
Wetland Area ~ ~ ~'
Section 404 of the WF-B4 ~
Clean Water Act, WF- B 1 L7 cv _t-296 's.~f. ~5 ~ ~ ` i ~ ~ ~ ~. - r ~
pursuant to the 1987 L6 I i -_
Corps of Engineers ~~ m 1 ~ \ ~
Wetlands Delineation / ~_ ~ I // I o~
Manual, as determined by ~ s 1' ~ ~
the undersigned on this / e
date. Unless there is a
change in the law of our / ~I ~ I v
published regulations, this I ~ ~ '~
determination of Section \ / I 8
404 jurisdiction may be i
relied upon for a period of ~ 9
five years from this date. / / ~ ~,'
I~
U. S. Army Corps inset ,~
of Engineers Official / / ~Ot T~
\ ~~ I Sca9e s!
Date \ ~ ~ ~ ~ ~
SURVEY FOR:
Lenora Flick
Hidden Fawn Lane
Seven Pines Suladivisian
Topsail Township, Pender County;, NC
Date: October 10, 2006
Survey Reference:
Deed Book 46 Page 164, Map Boak 34 Poge 7
Map Book ~6 Page 44• Map Book ?~ Page 1~9
This property is not located
within an area of 100 Year Flood.
Project #: 06145 Map Name: 0614.5wet.d~a Drafter:
I, Paul D. Talbot, do certify that ~,~~~uuie,,,e
this actual survey and map was ~.``~~ CA{~®`~.,,~~
performed and drawn under my ~.`~0~;:•"ESS/ '°••.,~~;o
supervision in accordance with _;~' o~ ®~. •., ~
"The Standards of Practice for :'@~ SCAL ',- °:
Larld Surveying in North Carolina" = J
witness r~~-o igi signs re - L-~®sm .'~ --
license urr,~ and .:r9y~ ~y6`~:`
Pyr~l D, Talbot, P.L.S. L-4099 ,,/~~~~~ii Dii ~"~` °e`,`
~~'a~Uo~. :Land Su~rvey~n~~ ~o~o
16747 U.S. Hwy 17, Suite ifl0
Ha~psteed, North ~eroline ~0~4~
Pia.®ne: [phone]

Lenora B. Flick
106 Twelve Pointer Road
Hampstead, NC 28843
[phone]
December 23, 2005
To Whom It May Concern:
I authorize Ellen Cornett to take all actions appropriate and necessary to obtain any and
all CAMA-related permits and/or other permits relating to the completion of construction
of Hidden Fawn Lane in Seven Pines Subdivision. Additionally, Ms. Cornett is
authorized to obtain any and all permits as to those undeveloped lots within Seven Pines
Subdivision owned by The Bryant Family Trust which may be required to resolve "404"
wetlands requirements.
n ~~
Lenora B. Flick, Trustee
~'1}e Bryant Family Trust

September 17, 2007
Kelly Williams
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
RE: NCEEP In-Leu of Fees Application
Seven Pines Subdivision Road Crossing...
Hidden Fawn Drive
Hampstead, Pender County, North Carolina
Dear Ms. Williams,
The Estate of Mr. Richard Bryant, III has authorized and contracted Applied Resource
Management, PC, and Ellen Cornette to act,as the agent for the completion of the 404
wetland delineation and fill impacts for the above referenced property. We would like to
be considered for entrance to the program for the impacts in the above referenced site.
The approval into thb NCEEP credit program will be for a 0.0068 roadway fill impact at this
site. Enclosed are the fallowing for your review:
Completed NCEEP (rti-Lieu Fee Request Form
Figure 1 Site Vicinity, Wetland And Crossing Location Map With GPS
Coordinates
Figure 2 Pender County Tax Map And Aerial Photograph
Figure 3 Pender County 2' Contour Map On Aerial Photograph And Soils Map
Talbot Land Surveying, P.C. -Wetland Survey
RSC Engineering -Aerial and Cross Section Of Fill Impact
Agent Authorization Letter
Copy of USACE correspondence received on

September 17, 2007
If it is possible, could you please call me and tet me know when the first date for review of
this application will be and the cost of non-riparian credits, so that (can inform my client
of the impending cost. If you have any questions or need any additional information at
[phone] or [phone] or via email at [e-mail].
Sincerely,
Ellen F. Corvette, R.S.
Project Geologist/Agent
Enclosures
cc: Ms. Lenora Flick, with enclosures
2

yy
aJ
January 27, 199~~ ~"
Regulatory Branch
Action ID No. 199500688 Nationwide Permit No. 14 (Road Crossing) and
Nationwide Permit No. 26 (Headwaters and Isolated waters)
Landmark Real Estate
ATTN: Phillip Galloway
803 South College Road
Wilmington, North Carolina 28403
Dear Mr. Galloway:
Please reference your application dated November 14, 1994, for
Department of the Army (DA) authorization to discharge fill material into 0.12
acres of jurisdictional wetlands to construct a road crossing. In your
application you also requested to fill two wetland areas totally 0.72 acres of
wetlands to be used for improving lots. All of the proposed fill is located
off State Road 1567 (entranced through Bellowing Doe Road), above the
headwaters of Bellowing Doe Branch in Hampstead, Pender County, North
Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters. Also,
authorization pursuant to Section 10 of the Rivers and Harbors Act of 1899 and
Section 404 of the Clean Water Act, was provided for fills for roads crossing
waters of the United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer (DE) in accordance with the
"Notification" general condition.

.
-3-
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Robert C. Stroud
ATTN: Tere Barrett
Division of Coastal Management
North Carolina Department of
Environment, Health, and
Natural Resources
127 Cardinal Drive Extended
Wilmington, North Carolina 28405-3847

F~ ~~,
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and a21 exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
lilceiy to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the. District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
CLY-Gi:WN

_2_
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has co~aplied with the provisions of
33 CFR 325, Appendix~C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe .may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 33Q.4(g)).
13. Notification.
a. Where required by the teems of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the MdP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any

-3-
other NWP(s), regional general ermit s
intended to be used to authorize an ( ) or indivpdupi permit(s) used or
activity; Y part of the ro osed project or related
(4) Where required by the terms of the NWP, a delineation of affecte
special aquatic sites, including wetlands; and d
(5) A statement that the prospective permittee has contacted;
(a) The USF'1"lS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical
in the permit area that maybe affected by the proposed project; andhabitat
available information provided by those agencies. Y
may contact Corps District Offices far USFWS/NMFS agencypcontactsvandelisttof
critical habitat.)-
the permit area that mayObeeaffectedtbe presence of any historic properties in
available information, if an Y he proposed project; and the
y provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material ma
in the proximity of a public water su 1 y occur
repair of the public water supply in takeystructurescortadjacenthbankscharge is
stabilization.
15. Shellfish Production. No discharge of dredged or fill material ma
in areas of concentrated shellfish production, unless the discharge is Y occur
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material ma
of unsuitable material (e.g., trash, debris, car bodies etc. Y consist
discharged must be free from toxic pollutants in toxic amounts and material
17. Mitigation. Discharges of dredged or fill material into waters of
United States must be minimized or avoided to the maximum extent ract• the
at the project site (i.e., on-site), unless the District Engineerphas arable
a compensation mitigation plan far the specific regulated activity, pp oved
18• Spawning Areas. Discharges in spawnin
must be avoided to the maximum extent practgcable during spawning seasons
19. Obstructions of High Elaws. To the
discharges must not permanently restrict °CXimpedeathetFassate ogle,
expected high flows or cause the relocation of the water (unless thermal or
purpose of the fill is to impound waters). P unary

NATIONWIDE CONDITIONS
a. The discharge does not cause the loss of more than 10 acres of waters
of the U.S. For the purpose of this nationwide permit, the acreage of loss of
waters of the U.S. includes the filled area plus waters of the U.S. that are
adversely affected by flooding, excavation, or drainage as a result of the
project.
b. A 30-day notification to the District Engineer (DE) is required if
the discharge would cause the loss of water of the U.S. greater than one acre.
For discharges in special aquatic sites, including wetlands, the notification
must include a deli3seation of affected special aquatic sites including
wetlands.
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
STATE CONSISTENCY CONDITIONS
a. All fill material authorized by this permit must be obtained from an
upland source.
b. Use of this nationwide permit for waste disposal facilities is not
authorized.
c. If the proposed activity is within the North Carolina Coastal Area
and the activity will result in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must receive written concurrence
from the North Carolina Division of Coastal Management (NCDCM) that the
activity is consistent with the North Carolina Coastal Management Program.
d. Should all or part of a proposed activity be located within an Area
of Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a Coastal Area Management Act (CAMA) permit is required
from the North Carolina Division of Coastal Management (NCDCM). Should an
activity within or potentially affecting an AEC be proposed by a Federal
agency, a consistency determination pursuant to 15 CFR 930 must be provided to
the NCDCM at least 90 days before the onset of the proposed activity.
GENERAL CERTIFICATION CONDITIONS
a. General Certification is denied for fills greater than one area in
SA, trout, AQW, ORW, WS-I and WS-II watezsheds. General certification is
issued for all other waters for fills of not more than 10 acres and in those
watersheds specified above for fills of not more that one acre.
b. Proposed fill or substantial modification of greater than one-third
of as acre of such waters, including wetlands, requires a written concurrence
from the North Carolina Division of Environmental Management (NCDEM).
c. Established sediment and erosion control practices will be utilized
to prevent violations of the appropriate turbidity water quality standard (50
NZV's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 25 NTU's in all
saltwater classes and all lakes and reservoirs and to NTU's in trout waters).
c17-26

-2-
d_ Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
e. Additional site-specific conditions may be added to this
Certification in order to ensure compliance with all applicable water quality
and effluent standards.
f. Concurrence from the North Carolina Division of Environmental
Management (NCDEM) that this Certification applies to an individual project
shall expire three years from the date of the cover letter from the NCDEM.

~--,
GENERP,L CONDITIONS
1.. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and X11 exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Lifn Movements. No activity may substantially diszupt the
~~ movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. xild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Fold and Scenic Rivers.
may be obtained from the National Park Service and the Q.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Nater Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal 3oas Ltanageseat. In certain states, an individual state coastal
zone management consistency concurrence must ba obtained or waived.
I1. Endangered Species. No activity is authorized under any NWP which is
liluely to jeopardize the continued axistance of a threatened or endangered
spacias or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or advaraslg
modify the critical habitat of such species. Non-Federal permittsas shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
bad ~ °`6u ~. ~v lV

_2_
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Harine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
" PLaces, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(q)),
13. Notification.
a. Where required by the terms of the NWP, the prospective pezmittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions isaposed by the District or
Division Engineer; or
(Z) if notified by the District or Division Engineer that an
individual permit is required; or
(3) IInless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittaa•s right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure net forth in 33 CFR 330.5(d)(2).
b. Ths notification must bs in writing and include thQ following
information and any required fees:
(1) Name, address and telephone number of the grospective
permittee;
(2) Location of the proposed project;
{3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any

-3-
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the tersas of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed
(or proposed for listing) endangered or threatened species or critical habitat
_, is the permit area that may be affected by the groposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for QSFWS/NHFS agency contacts and list of
critical habitat.)
(b) The SFIPO regarding the presence of any historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
1~. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
_ repair of the public water supply intake structures or adjacent bank
ata.bilizatioa.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit .
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (a.q., trash, debris, car bodies, stc.) and material
discharged must ba free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
IInitad Statss must bo minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation play for the specific raqulatsd activity.
18. Spawning 71re:s. Discharges is spawning areas during spawning seasons
must~be avoided to the maximum extant practicable.
19. abstructioas of High !lows. To the maximum extant practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flaws or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).

i'
~4t
i ~ 4>
;i

®q,®
2Q. Adverse Impacts from Impoundments. If the discharge creates an
fmpoundment of water, adverse impacts on the aquatic system caused b
accelerated passage of water andjor the restriction of its flow shall bee
minimized to the maximum extent practicable.
Zl. Katerfoal Breedia
waterfowl must be avoided tostheDmax~umeextent"pract ~~ Qeas for migratory
22. Removal of Teaporazy Fills. Any temporary fills must be removed in then
entirety and the affected areas returned to their preexisting elevation.

fJ

State of North Caru,~, ~a
Department of Environment;
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.E., Director
January 23, 1995 __
Pender County _- -=- =--
DEM Project # 941062 _ _
APPROVAL of 4(11 Water Quality Certification _ _ . _
Landmark Real Estate
4000 Oleander Drive
Wilmington, N.C. 28402
Dear Sirs:
You have our approval to place fill material in 0.72 acres of wetlands or waters for the purpose
of road crossing and lot fill at SR 1567 at Bellowing Doe Road, as you described in your application
dated 14 November 1994.-After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Numbers 2732 and 2671. These certifications allow you to use
Nationwide Permit Numbers 14 and 26 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely~~
l~~ 1
ston Howard, Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Chip Jackson; Land Management Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opporfun'rfy Affirmative Action Employer
941062.1tr
Telephone [phone] FAX [phone]
5096 recycled/ 10%post-consumer paper

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'ems ~~ p~ ~~~0~~~ ~ ~ c~i ~ ~~ ~~~~~~ ~~~~~e~ 5~ ~e ~u~v~JV~I
R9ati®nal ®ceanic and Aim®sp~ieri~ ~~mi~ee~~ra~i~i~
e} ~` NATIONAL MARINE FISHERIES SERVICE
~'S>~*ESO~P~~ Southeast Regional Office ~~
9721 Executive Center Drive North
St. Petersburg, Florida 33702
December 22, 1994
Colonel Robert J. Sperberg
District Engineer, Wilmingtor- District
Department of the Army, Corps of Engineers
P. O. Box 1890 `.~~~a`
Wilmington, North Carolina 28402-1890 Y
Attention Michael Hose
Dear Colonel Sperberg:
The National Marine Fisheries Service has reviewed Pre-Discharge
Notification 199500688 dated December 5, 1994, whereby Landmark
Real Estate is -requesting authorization for work pursuant to
Nationwide Permits #14 and #26. This project consists of filling
wetlands adjacent to an unnamed tributary of Topsail Creek for a
road crossing and the creation of a lot of sufficient size to allow
the construction of a single family residence in the Seven Pines
Subdivision, Pender County, North Carolina.
Based on our knowledge of the project area and a review of aerial
photography of the project site, we are concerned that the proposed
loss by filling of 0.84 acre of wetlands would be detrimental to
fishery resources for which we are responsible. Project area
wetlands are contiguous with the waters of Topsail Creek and are
vegetated with a variety of trees and herbaceous species including
red maple (Acer rubrum), sweet bay (Magnolia virginica), black
willow (Salix nigra), cinnamon fern (Osmunda cinnamomea), netted
chain fern (Woodewardia areotata), and royal fern (Osmunda
regalis). These wetlands provide important water qualit
Y
maintenance functions such as the interception of upland run-off
`" ~ ...rrr..~.;~ }...' ran'-.-. 1,. ~
u iiC: rCiu~val .•")f ~c~i.aueli i.S, ~: i3itt?.liiiitailtj, ui°ld ata•.r L..7 is eia.2 .r~i::a.cra a^~vr~
these pollutants can reach downstream waters. Topsail Creek, into
which run-off from the project area flows, provides important
nursery habitat for estuarine dependent species such as spot
(Leiostomus xanthurus), Atlantic croaker (Micropogonias undulatus),
flounders (Paralichthys spp.), and Atlantic menhaden (Brevoortia
tyrannus).
We are also concerned that this work is associated with a new
subdivision with a portion of seven lots sited in wetlands along
the tributary. If similar work is proposed on these lots, the
result could be a cumulative loss of approximately 1.5 acres of
wetlands that support fisheries. Furthermore, no mitigation is
proposed to offset either the individual or potential cumulative
wetland losses associated with this project. Therefore, we feel
r~ ~M~
_ - ~~. ~~
Y Q ~ ~
~~
'OFg~ME~F`

that this work will have a more than minimal impact on fishery
resources and recommend that the project be advertised by public
notice in order to allow a full public review.
We appreciate the opportunity to provide these comments.
Since y,
Andr as Mager, J .
Assistant Regio al Director
Habitat Conservation Division
cc: HCD, St. Petersburg, FL

S~~;at or ~Of,^ ~ .e ~~1/'(f !may' d.;~ ~±
F ~ +,.
G
~lati®nal ®ceanic and Atm®sg~he~i~ ~~~inist~stici®c~ ~
°~~. ~~ NATIONAL MARINE FISHERIES SERVICE
oST4Pg5 O4P Southeast Regional Office A
9721 Executive Center Drive North
St. Petersburg, Florida 33702
December 9, 1994
Colonel Robert J. Sperberg - _--
District Engineer, Wilmington District -
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention Michael Hosey
Dear Colonel Sperberg:
This responds to your December 5, 1994, correspondence concerning
Pre-discharge Notification 199500688 submitted by Landmark Real
Estate for work near Hampstead, Pender County, North Carolina.
We are requesting additional time in order to complete our review
of the proposed work. Our comments will be sent to the Corps of
Engineers no later than December 27, 1994.
Sincer ly,
/~
-~~ ,.
Andr as Mager, r.
Assistant Regional Director
Habitat Conservation Division
cc: HCD, St. Petersburg, FL
~~p .tM0,5pNE9k,
{. - .'..
f: ~ 3
G
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Ep

-2-
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM) and, in the coastal area, a
consistency determination from the North Carolina Division of Coastal
Management (NCDCM) You should contact Mr. John Dorney, telephone (919) 733-
1786, regarding water quality certification, and Mr. Steve Benton, telephone
(919.) 733-2293, regarding consistency determination. This nationwide permit
does not relieve you of the responsibility to obtain other required State or
local approval.
These verifications will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
These verifications will remain valid for the two years if, during that
period, the nationwide permit authorization is reissued without modification
or the activity complies with any subsequent modification. If during the two
years, the nationwide permit authorization expires or is suspended or revoked,
or is modified, such that the activities would no longer comply with the terms
and conditions of the nationwide permit, activities which have commenced or
are under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activities are. completed within
twelve months of the date of the nationwide permit's expiration, modification
or revocation.
Questions or comments may be addressed to Mr. Michael Hosey, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

,~~: > ->
rte- t-a r`,'~ ~ a , -.~
_~
DEM ID: ACTIc7N ID: ~~~~ ~~ $ `r?~r Nationwide
Permit Requested (Provide Nationwide Permit s~: NGVP 1 4 , 2 6 ~~ '~~"'
JOINT FORM FOR ~~s~UL~T(~~~~ ~~~~~~z~1
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone: [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONNEPITAI. MANAGEMENT
NC DEPARTMENT OF E,~IIRONMENT, HEALTH
A1~D NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 2762E-0535
Telephone:[phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS
OF ENGINEERS.
SEVEN(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT .
PLEASE PRINT.
1. Owners Name: Landmark Real Estate
2. Owners Address: 4000 Oleander Dr.
3. Owners Phone Number (Home): nfa (Work): 919-799-8855
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Chip Jackson c/o Land Management Group, Inc.
P.0. Box 2522
Wilmington~,NC 28402 910-452-0001
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City: Hampstead
Specific Location (Include road numbers, landmarks, etc.}: From HWY 17 N. turn rt. on SR 1565 (Country Club Rd.l.
From SR 1565 turn rt, on SR 1567 (Kings Landing Rd.), the tract is located on the rt. side of the roads and the tract
entrance is named Bellowing Doe Rd. (Shown on site surve~j.
6. Name of Closest Stream/River: AIWF~
7. River Basin:
8. Is this ;project located, in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[X] NO[ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [X] NO [ ]
If yes, explain. A NWP 14 was issued for minor road fill by the previous owner LOE file ri P-09-97). This road
fill was not_put into place due to the fact that the area was`not developed as planned by the prior owner.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 3.56 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.84 acres

~=~~~ ~_~
~af~ ~~ce ~ax 2522
'~l~iizi~, ~/lrotf/a ~f~oGiita 28402 ~~\V ~ f ~~~
~I~C s~o-452-000 REGULATORY BRANCH
~~
g" ~~~
%!! ~~j~ ..4(ote~oon
~. J
Rudy Scheiner
U. S. Army Corps of Engineers
Regulatory Branch -
PO Box 1890
Wilmington, NC 28402-1890
Dear Rudy;
~~ ~~
~ 5&a~. 6~ Pad
ssos °Wu~le~.v~lle .~
November 14, 1994
Enclosed is a Nationwide Permit request submitted on behalf of ~andrnark builders of
Wilmington to fi11.84 acres of wetlands. A NWP 14 is proposed for 12 acres of fill to
provide tract access. A NWF 26 is proposed for fill in two wetland areas, each containing
.60 acres and .12 acres totaling .72 acres. The .72 acre fill area is requested to provide
suitable building area.
Thank you for your timely response and should you have any further questions, please feel
free to contact me at your convenience.
Si erel
Chip Jackson
Environmental Specialist
cc: John Dorney, DEM
National Marine Fisheries
U. S. Fish and ~`dildlife

Drained:
Flooded:
Excavated:
Total Inpacted: 0.84 acres
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): To fill and grade proposed 404 areas Frith
suitable material to an elevation consistent with the surrounding upland.: ~_ , _F_
13. Purpose of proposed work: To provide suitable building area for prcaosed roads and lots
14. State reasons why the applicant. believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Location of wetland areas on the tract requires that wetland areas be utilized for
tract access and to provide buildable lots Land planning has provided e~:,ugh buildable area on the remaining lots to
not impact the remaining 404 areas -. --
15. You are required to contact the D.S. Fish and Wildlife Service (USFWS) and/or National _larine Fisheries Service
(NNFS) regarding the presence or any Federally listed or proposed for listing endangered o threatened species or
critical habitat in the permit area that may be affected by the proposed project. Have ycr done so? YES [X] ~ [ ]
RESPONSES FROM THE OSFWS AND/OR NNFS SHOULD BE FORWARDED TO CORPS
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding t:~e presence of historic
properties in the permit area which may be affected by the proposed project: Have you done so? YES [X] NO ( ]
RESPONSE FROH THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEH:
.. __ ._ _ .
A. Wetland delineation may showing all wetlands, streams, and lakes on the proper~~y.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? residential _
F. If applicable, what is proposed method of sewage disposal? on-site waste treatment
`~ ~- ~ (- l4-`~4
Owner/Ag t gnature Date

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LAND MANAGEMENT GROUP, INC.

DATA FORM
ROUTINE WETLAND DETERMINATION WETLAND
(1987 COE Wetlands Delineation Manual)

Project/Site: Seven Pines ,~
Date:
Applicant/Owner: Landmark Real Estate County: Pender
Investigator: Rob Moul State: NC
Do Normal Circumstances exist on the site? Yes No Community ID: Wetland
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VEGETATION
uommant Plant Species
1. Red Maple Stratum
Tree/Shrub Indicator
FAC Dominant Plant Species
9. Poison Ivey Stratum
W. Vine
2. Loblolly bay Tree/Shrub FAC- 10. Smilax W. Vine
3. Black willow ~ Shrub FACW 11. Catbriar W. Vine
4. Fettabush Shrub FAC 12.
5. Bitter gallberry Shrub FAC 13.
6. Cinnamon fern G. Cover OBL 14.
7. Netted chain fern G. Cover OBL 15.
8. Royal fern G. Cover OBL 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-)
-Recorded Data (Describe in Remarks):
Stream,Lake, or Tide Gauge
-Aerial Photographs
-Other
X No Recorded Data Available
Feld Observations:
Depth of Surface Water:
Depth to,Free Water in Pit:
Depth to Saturated Soil:
- (in.)
12" (in.)
12" (in.)
I ~'~~tS
Wetland Hydrology Indicators:
Primary Indicators
-Inundated
-Saturated in Upper 12 Inches
X Water Marks
-Drift Lines
-Sediment Deposits
X Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 inches
X Water-Stained Leaves
-Local Soil Survey Data
_FAC-Neutral Test
-Other (Explain in Remarks)
FACW

i
inn c
n__:_ _
- -- rape z of z wetlanq
Map Unit Name
(Series and Phase): Leon fine sand Drainage Class: Two/Three
Field Observations
Taxonomy (Subgroup): Aeric Haploquods Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle
Texture, Concretions,
(inches) Horizon SMunsell Moist) Abundance/Contrast Structure, etc.
single grained; loose
0 - 6 A 10YR 4/1 - clear wa bounder
single grained; toose

6 - 14
E t OYR 7/1
- _
clear wa bounder `'
massive; friable;
14 - 17 Bhi 5YR 2/1 - radual wa bounder
massive; friable;
17 - 23 Bh2 5YR 3/3 few medium faint (5YR 2/1) clear irre ular bounder
single grained; loose
23 - 30 E' t OYR 7/1 - __ radual w y bounder
Hydric Soil Indicators:
_ Hlstosol Concretions
_ Histic Epipedon -
X High Organic Content in Surface Layer in Sandy Soils
Suffidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime X Listed on Local Hydric Soils List
. X Reducing Conditions -Listed on National Hydric Soils List
X Gleyed or Low-Chrome Colors -Other (Explain in Remarks)
Remarks:
Hydrophytic Vegetation Present? es No (Circle) (Circle) --
Wetland Hydrology Present? 'Yes No
Hydric Soils Present? es No Is this Sampling Point Within a Wetland? es No
Remarks:
Wetland line flagged in'pink/black ribbon.
.. , : - _ _ ., _ Approved by HQUSACE 3/92
• Applicant/Owner:
Landmark Real Estate
4000 Oleander Dr.
Wilmington, NC
Land Management Group, Inc.
Post Office Box 2522
Wilmington, N.C. 28402
910 -452 -0001

DATA FORM
ROUTINE WETLAND DETERMINATION UPLAND
(1987 COE Wetlands Delineation Manual)
C 1 VI G
Project/Site: Seven Pines Date:
Applicant/Owner: Landmark Real Estate County:
Investigator: Rob Moul State:
Do Normal Circumstances exist on the site? Yes No Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: -
Isthe area a potential Problem Area? Yes No Plot ID: -
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S ecies Stratum Indicator Dominant Plant Species Stratum Indicator
1. Loblolly pine Tree FAC 9. Horse sugar G, Cover FAC
2. Turkey oak Tree FACU 10. Grapevine W.Vine FAC
3. White oak Tree FACU 11. Bracken fern G. Cover FACU
4. American holly Shrub FAC- 12. Black cherry Shrub FACU
5. Dogwood Shrub FAC 13. Blackjack oak Shrub FACU
6. Sassafras G. Cover FACU 14. Pepperbush G. Cover FAC
7. Persimmon G. Cover FAC 15.
8. Honeysuckle W. Vine FACU 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-) 0.4
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
-Recorded Data (Describe in Remarks): Primary Indicators
_Stream,Lake, or Tid e Gauge Inundated
-Aerial Photographs -
Saturated in Upper 12 Inches
-Other -
Water Marks
X No Recorded Data Available -
-Drift Lines
Sediment Deposits
-
Drainage Patterns in Wetlands
Field Observations: -
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: (in.) -
Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: >12" (in.) -
_FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: > 12" (in.) -
Remarks:

4.
SOILS ProiectlSite•_' Seven Pines
Map Unit Name ,
(Series and Phase): Autryvills loamy sand - Drainage Class: One
Taxonomy (Subgroup};Arenic Paleudults Field Observations
Confirm Mapped Type?
Profile Description:
Depth Matrix Color
{inches) Horizon (Munsell Moist)

0 - 9 Ap 1 OYR 4/1

9 - 25 E 10yr 6/4

25 - 39 Bt 10YR 5/8
5
Hydric Soil Indicators:
Histasol
Histic Epipedon
_Sulfidic Odor
Aqulc Moisture Regime
-Reducing Conditions
_Gleyed or Low-Chroma Colors
Remarks
No wetland hydrology indicators seen on site.
Yes No
Mottle Texture, Concretions,
Abundance/Contrast Structure, etc.
weak fine granular
- structure;very friable
weak medium granular
- structure;very friable
weak fine subangular
- _ bIOCICV Structure' firm
Concretions
-High Organic Content in Surface Layer in Sandy Soils
-Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
_Listed on National Hydric Soils List
-Other (Explain in Remarks)
Hydrophytic Vegetation Present? Yes - (Circle) --
Wetland Hydrology Present? Yes (Circle)
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes '
~~
Remarks: - - _- -
Wetland line flagged in pink/black ribbon - `
,~
"' - '~' Approved by HQUSACE 3/92
Applicant/Ownen - _ - •: --
- Landmark Real Estate Land Management Group, lnc.
4000 Oleander Dr. Post Office Box 2522
Wilminton, NC Wilmington, N.C. 28402
- - 910 -452 -0001

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REIvtARK;~.
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July ?~, 14d~
Reg€~latory branch
~UB.TECT t tduticttwide Per€~it Itt~. 1~
kr. 1lavis Carr
Robert H. Goslee and Associates
513 Chestnut street
Wilmington, north Carolina ~4(~I
Dear dir. Carr:
Un July I~~ 198~s, you zaet with fir. Rugh Trine of my staff
regarding your client, Mr. Richard Bryant's plans to develop the
Seven Pines sul}division on sn ur~nat~e.d creek 3.n the. Topsail
Township, Fender County, North Carolina. 'The purpose of this
ansite meeting wasa to verify the previously flagged. and surveyed
wetlands. As a result of taking several raeaaurements it appeared
that the pl«t dated 3uly 14, i9~8, aatisfactarily represented the
Corp's wetland jurissTietion. Alsrs, the proposed roadway crossing
is attthori~ed b,= nationwide pernit, if the cand.itions are met.
For the purpr~ses of the Corps of Rngineera' Regulmtcarq
Program, Title 33, Carle of Federal P.egulations (C1?Fc), Part 33C,
published in the Federal &e4ister on November 13, 19db, lists
nation€~ride permits. Authorization was provided for miner road
crassins fills including all attendant features, be,th temporary
and permanent: that are part of a single and complote project far
crossinf; of a non-rtidal ~aatert~ody, provided that the crossintl is
eulverted, 23ridged or otherwise designed to prevent the
restriction of, and to withstand expected high f3.c+WS and provided
further that discharges into any wetlands adjacent to the
waterbocly do nr3t extend beyond iGQ feet on eithRr side of the
ordinary high water tr~trk. €~£ that waterbody.
Yryur work is authorized by nationwide permit provided it is
accnmplished in strict accordance with the enclosed conditions.
Please be aware that this authorization does not relieve you of
the responsibility to obtain ,any required Mate or local apprQVal.

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Cl~ie£, ~'~e~,eslatorv ~ri~a~e~~------
Enclosure
Cagy Purnis?~od without ~nclnsur~)=
Mr. Williaz~ 1~i11s
Water (~ca~1,3.ty Section
I~iuision of Environz~ental ~iat~age~e:zt
north Carolfna l3epart~sent of Natural
Resources and Co~uni.ty De~elog~ent
Post Q~iic~ ~t~~ 2757
Itaiei~~h, ~dorth Carolina 27611-767

~ ~ 1 .

e. y discharge cif dredged ar fi11 material. ~;11 nat Decor in t[te
proximity cif a public grater supply=.
b. The activity will r«~t senpardi~e a threatened o~' endangered species as
identified under the endangered Species .~iCL, or destroy ar adversely nodif~r
the cultural. habitat of such specieb.
c. The activity mill not significantly disrupt the mavement ~sf tttflsc~
species of aquatic life indigenous to the waterbc~dy (t~nlesS the primary
purpose of the fill is to ir~pQ~:nd water). _
d. Arty discharge of dredged ar fill material will c€~nsist of suitable
material free from toxic pallertarts.
e. Any structure or fill will be pr©perly maintained.
f. An individezal Mate water ualit certification gust ~ obtained ar
warred. Gan:ditians ~.tf certif ieatian will be considered to be epec3,a1
conditicsns of the Federal nationwide permit.
g. The falln_wing ~tanager~2nt pr€~ctices will be followed to the ~saximum
practical extent:
(l} Discharges o£ drediged or fill material into graters of the United
Suites gill be avoided or t~i,nin~i~ed thrau~h the use of outer practical
alternati~res e
(Z) Discharges in spaa~ming areas dazring spawning seasans will be
avoided,
(3) I3irtchsraes will not rr.strict or impede th€; maverient af. aquatic
species indigenous to the eaters or tite passage of ncsrmal ar expected high
flaws or ca~:se the rel.ocatian of the waters (unless the primary pfarpose of tae
fill is to i~rpound water}.
(4} If t~:e discharge creates a~a ia~p9nttdment of water, adeprse .impacts
an the aquatic system caused try the a.ecelerateci passage of ~=titer and/or the
rsstrictian of its flaw ~=i 3,1 be snini.r~i~.ed.
(S) ~ischarge in wetland areas will be evafded.
() E~eavy equipr~erat wer~:ing in wetlands wi11 be place' on eats.
(?) ~iseharges into breeding areas fcr migratory ~raterfo=gal dill be
$2VO~G~~€~.
(~} ~.ll te.~porary €il?s .~i11 he r~muved in tt,eir entirety.

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r ..~ STATE . ~ i
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REGULATORY BRANCH
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul VC-'films
S. Thomas Rhodes, Secretary August 5, 1988 Director
Mr. Manley Davis Carr
Robert H. Goslee & Associates
513 Chesnut Street
Wilmington, NC 28401
Subject: Proposed Fill for
Minor Road Crossing
Seven Pines Subdivision -
Topsail Area
Pender County
Dear Mr. Carr:
Upon review of your request for Water Quality
Certification to place fill in waters and/or wetlands in a
freshwater tributary to Old Topsail Creek, we have
determined that the proposed fill can be covered by General
Water Quality Certification No. 2177 issued November 4,
1987. A copy of the General Certification is attached,
This Certification may be used in qualifying for coverage
under Corps of Engineers' Nationwide Permit No. 14.
If you have any questions, please contact Bill Mills at
919/733-5083.
Sincerely,
~~` ~
iR. Paul Wilms
RPW/dkb
Attachment
cc: Wilmington District-Corps of Engineers
Wilmington Regional Office
Po(;uror~ Prencntior: Pars
P.O. FSox X766', i2aleigh, Norh Carolina X7611-7687 Telephone 914-73 ~-7015
An Eve! JPpo^ti:ni[~ ,4tfirmarive Action Empioyer

~ f i d
GENERAL CERTIFICATION
THIS GENERAL CERTIFICATION is issued in conformity with
the requirements of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to the North
Carolina Division of Environmental Management Regulations in
15NCAC2H, Section .0500 for the discharge of fill material
to navigable waters or adjacent wetlands areas, occurring as
a result of minor road crossing fills as described in 33 CFR
330.5(a)(14) of the Corps of Engineers' regulations. This
category of activity shall include all road crossing fills
and attendant features both temporary and permanent that
involve the discharge of less than 200 cubic yards of
material belpw the plane of ordinary or mean high water as
part of a single and complete crossing of a water body.
The State of North Carolina certifies that the
specified category of activity will not violate Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and
95-217 if conducted in accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. That all road crossings be culverted or bridged to
prevent the restriction of normal flow of the
water body as a result of the discharge;
2. Excluded from this General Certification are
discharges of fill in waters classified WS I, II,
or III (public water supplies) and SA (shellfish
waters). This exclusion also applies to fill in
wetlands adjacent to these waters. Discharge
proposed for these waters or wetlands must be
considered for certification on a case-by-case
basis;
3. That the discharge will consist of suitable
material free from toxic pollutants in other than
trace quantities;

,+ •. r 4~
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4. That established erosion control practices are
utilized to prevent excessive increases in
turbidity and settleable solids concentrations in
the water body as a result of the discharge.
5. That the discharge of fill material shall be in
accordance with the conditions and management
practices specified by the Corps of Engineers in
33 CFR 330,5 and 330.6 for nationwide permit
number 14,
Non-compliance with or violation of the conditions
herein set forth by a specific road fill project shall
result in revocation of this Certification for the project.
The Director of the North Carolina Division of
Environmental Management may require submission of a formal
application for certification for any project in this
category of activity, if it is determined that the project
is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses are
precluded.
Public Hearings may be held for specific applications
or group of applications prior to Certification if deemed in
the public's best interest by the Director of the North
Carolina Division of Environmental Management.
t
This the °~' day of ~~..~,,. ~~~ ,~~
~-.
s
. DIVISION OFD ENVIR~I~MENT~tL MANAGEMENT
~~ ;=
>~
x ~.
R. Paul Wilms, Director