20230266 Ver 1_ePCN Application_20230213

I I
1• 111
DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process? *
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
2/1/2023
BIMS # Assigned * Version#*
20230266 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Wilmington Regional Office - [phone] Holley Snider:[e-mail]
Information for Initial Review
la. Name of project:
400 & 310 C&D N Anderson Blvd.
la. Who is the Primary Contact?*
Dana Lutheran
lb. Primary Contact Email: * lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
2/13/2023
Nearest Body of Water
Topsail Sound
Basin
White Oak
Water Classification
SA;HQW
Site Coordinates
Latitude:
34.392183
A. Processing Information
Longitude:
-77.597078
County (or Counties) where the project is located:
Pender
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
li. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes
401 Water Quality Certification - Express
Riparian Buffer Authorization
No Unknown
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project? *
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Elias & Susan Bundy and Mary Lambert
2b. Deed book and page no.:
3798/221 and 4730/1861
2c. Contact Person:
Jim Lambert
Yes No
Yes No

2d. Address
Street Address
295 Harrell's Hill Road
Address Line 2
City State / Province / Region
Mt. Olive NC
Postal / Zip Code Country
28365 US
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Dana A. Lutheran
4b. Business Name:
Southern Environmental Group, Inc. (SEGi)
4c. Address
Street Address
5315 South College Road
Address Line 2
Suite E
city
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
State / Province / Region
NC
Country
US
4e. Fax Number:
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(if appropriate)
NA
lc. Nearest municipality / town:
Topsail Beach
2. Project Identification
2a. Property Identification Number:
4223-36-3521-0000 & 4223-36-2699-0000
2c. Project Address
Street Address
400 & 310 C&D N Anderson Blvd.
Address Line 2
City
Topsail Beach
Postal / Zip Code
28445
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Topsail Sound
3b. Water Resources Classification of nearest receiving water: *
SA;HQW
2b. Property size:
1.5
State / Province / Region
NC
Country
US
3c. What river basin(s) is your project located in?*
White Oak

3d. Please provide the 12-digit HUC in which the project is located.
030203020403
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project site includes a developed lot (Tract 1 - 310 C&D North Anderson Blvd.) and the adjacent undeveloped lot (Tract 2 - 400 N. Anderson Blvd.), which contains US Army Corps of
Engineers' Section 404 wetlands, as well as Section 10 (i.e., coastal wetlands - see attached site plan). Currently, an approximately 200' long retaining wall has been erected, on Tract 1,
and backfilled with clean earthen fill. The fill was placed within approximately 1005 SF of coastal wetlands and 1542 SF of Section 404 wetlands. Residential is the main land use within
close proximity of the project site.
On June 14th, 2022 an onsite meeting was held. Those in attendance were:
Liz Hair USACOE
Holly Snider NCDENR
Tara McPherson DCM
Jason Dail DCM
Stephanie Moore Town of Topsail Beach
Gary Mitchell (Wetland Consultant)
At that time, the DCM stated they would be satisfied with the Applicants removing a portion of the existing retaining wall and fill within that area, and restoring the area back to coastal
wetlands. Subsequent to the meetings, the DCM prepared the attached Restoration Plan, for signature by the Applicant. However, the Applicant intends to return the executed plan to the
DCM upon receipt of the USACE's and DWR's permits.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
1.1
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The purpose of this project is to provide an adequate maintenance corridor, for the existing dwelling on Tract 2, and resolve any violations that occurred as result of the Applicant filling
wetlands prior to securing a permit from the USAGE and DWR.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will include removing approximately 77 LF of the existing retaining wall and fill within 1005 SF of coastal wetlands. The area will be restored to its original grade and contour
and allowed to revegetate naturally. The fill will be stored on site and within an area that has been encased with silt fence (see attached site plan). A mini excavator and truck will be used
to complete the work. As part of this work, a new 18' long section of retaining wall will be installed to contain the remaining fill.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes No
Comments:
The USAGE has been to the site and verified the wetlands
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01308
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Liz Haire
6a. Is this a phased project? *
Yes No
O Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
This project does not require installation of utility lines and will not provide access to a property that is currently land locked.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
Buffers

2. Wetland Impacts
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
A
Maintenance Corridor
P
Tidal Freshwater Marsh
A
No
Both
0.035
(acres)
B
Wetland Restoration
T
Salt/Brackish Marsh
A
No
Both
0.023
(acres)
2g. Total Temporary Wetland Impact
0.023
2g. Total Wetland Impact
0.058
2i. Comments:
2g. Total Permanent Wetland Impact
0.035
The area to be restored back to coastal wetlands will be returned to its original grade and contour and allowed to revegatate naturally.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The Applicant limited the fill to only that area needed to provide a workable maintenance corridor.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
To avoid impacts during the construction process, the Applicant will only work during dry periods.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Turtle Creek Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
3c. Comments
Quantity:
0.10
The Applicant respectfully request the USACE consider the following mitigation, to offset the permanent impact of 0.035-acre of riparian wetlands,
associated with the project. Compensatory mitigation would consist of payment ($9,991.00) to the Turtle Creek Mitigation Bank, for 0.10-acre of riparian
wetland restoration credit, a 2.82 to 1 mitigation to impact ratio. A mitigation ratio of 3:1 would result in the Applicant having to purchase 0.20-acre of
wetland restoration credit, which would double the cost of mitigation, because the mitigation bank only sells credits in 1/10th acre increments.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
This project is not located within one of NC's Riparian Buffer River Basins.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No

2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
2b Provide an explanation of the violation(s):
The USAGE, DWR and DCM have concluded that the Applicant filled approximately 1005 SF of coastal wetlands and 1542 SF of Section 404 wetlands,
when they erected a 200' long retaining wall and backfilled it with clean earthen fill. To resolve the violation, the Applicant has agreed to remove
approximately 77 LF of the retaining wall and restore the coastal wetland area back to its original grade and contour. The area will then be allowed to
revegetate naturally.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project. No future impacts are necessary to make the project viable, and no previous permits were necessary to complete
the project thus far.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Town of Topsail Beach
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts? *
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
This project took place within an area that has no trees and densely developed around it.
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The project area does not contain a waterbody that would support EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
SEGi used the NC SHPO HPOWEB 2.0 GIS Interactive Map (see attached). The project area is not located within an area designated as a National
Historic Place. and there are no structures within the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The proposed project area is not within a Coastal A Zone or Limit of Moderate Wave Action (LiMWA) designated flood zone. Furthermore, the project
does not include does not include any work that would be regulated by FEMA, as it consist of removing fill from the flood zone.
8c. What source(s) did you use to make the floodplain determination?*
Pender County GIS Flood Map (see attached).
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
400 & 310 CD N Anderson Blvd. PCN Attachments 2-7-23.pdf 1 22MB
File must be PDF or KMZ
Comments
Signature U
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Dana A. Lutheran
Signaturetu�
y/?N? , itifetear
Date
2/13/2023

400 & 310 CD N Anderson Blvd. PCN
Attachments
Topsail Beach, Pender County, NC
Pre -Construction Notification Attachments
Applicant:
Elias & Susan Bundy
Mary Lambert
Consultant:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
Date:
7 February 2023

N Anderson Blvd. Ton Sail Beach PCN Attachments 2-7-23
Table of Contents
Attachment
Description
I
Wetland Impact and Restoration Plan
2
Pender County GIS Aerial Photograph
3
Division of Water Resources Water Classification Map
4
Division of Coastal Management NOV Restoration Plan
5
Pender County GIS Flood Map
6
NC SHPO HPOWEB 2.0 Map
7
Turtle Creek Wetland Mitigation Credit Reservation Letter

N Anderson Blvd. Ton Sail Beach PCN Attachments 2-7-23
Attachment 1
Wetland Impact & Restoration Plan

ELEV = 4.05,
(NA VD 88)
31
DB 4730, P 1861 \\ y"N. '� (6)�('4 \ AFF LUCIEN
ACREAGE DATA oo �N_ ���� ` DB 1352, P 29
0.32 AC. t 5 MR 37, P 126
EXCL. R/W
BY COMPUTER
\
D
EIS = EXISTING IRON STAKE
0 = NO POINT SET
R/W = RIGHT OF WAY \ Eka)IV C. BRADSHAW
� = CENTERLINE DB 4568, P 224
-ZZ- = NOT TO SCALE `� Q
32 = REFERENCE FLAG
°�'�2 8%
SL
PRELIMINARY PLAT
NOT FAR RECARDA 110N,
CONVEYANCES OR SALE1 ��
THIS MEDIA SHALL NOT aE CONSIDERED N ��lollo,\
A CEIPTlf1ED DOl.1UkENT. `
PLRAIIT DRAIYING \ j `
FOR z N�
L'LIAS J. BUNNY JR. -TRUST
P JOHN FRANCESCO
DB 4115, P 346
TOPSAIL TO#rXSHIP JANTlARY 30, 2023 NB 37, P 126
PENTER COUNTY NORTH CAROLINA '�o ��,��, kloN
VICINITY MAP
HOLES WERE DUG AT SELECTED REFERENCE FLAGS
ELEVA770M DATA WAS RECORDED AS FOLLOWS
FLAG 31
EXISTING GROUND ELEVATION = 2.53'
ORIGINAL SURFACE ELEVATION = 2.11'
MAXIMUM DEPTH ELEVA 1ION = 1.00'
FLAG 32
EXISTING GROUND ELEVATION = 4.45'
FLAG 33
EXISTING GROUND ELEVATION = 2.43'
D 0 15 30 1 1.'
GRAPHIC SCALE
COMBINED SCALE FACTOR = 0.99999636
ALL DISTANCES ARE HORIZONTAL
GROUND MEASUREMENTS IN FEET
AND DECIMALS THEREOF UNLESS TOPSAIL
OTHERWISE NOTED.
A
MEAN HIGH WATER =
ELEV = 1.62' (NA VD 88)
SHOT AT 2: 40 PM
11-30-2022
NOTES
I,F. WADE DAVENPORT , CERTIFY THAT THIS
PLAT WAS DRAWN UNDER MY SUPERWSYON FROM AN ACTUAL
GPS SURVEY MADE UNDER MY SUPERVIS/ON AND THE FOLLOWING
INFORMA77ON WAS USED TO PERFORM THE SURVEY -
(1) CLASS OF SURVEY- A
(2) POS17701VAL ACCURACY.• 0.10 FT.
(3) TYPE OF GPS FIELD PROCEDURE NCW�S NETWORK RIK
(4) DATES OF SURVEY 11-30-2022
(5) DATUM / EPOCH. MAD 83 / 2011
\ (6) PUBLISHED / FIXED -CONTROL: NCVRS NETWORK
\ (7) GEOID MODEL: CONTINFVTAL US-NGS2012B
(8) COMBINED GRID FACTOR(S): a99999636
,'-S'J2 09'10'E (9) UNITS US SURVEY FEET
8.97'
EIS
\
\
L - 3552
THIS 30TH DAY OF JANUARY , 202,E
\
�4.1
RILEY C PLEASANTS
VD, DB 4596, P 23
MB 37, P 126 \
0
SOIL DISPOSAL
COASTAL WETLAN STORAGE AREA
RES70RA7I0N AREA ENCASED IN
1005 SO FT B SILT FENCE
\
\ rn
0
18' OF NEW RETAININ WALL DB 4730, P 1861
ACREAGE DATA
0.32 AC. f
EXCL. R/W `\
PROPOSED BULKHEAD TO BE PLACED AT LOCA77ON OF `\ z� BY COMPUTER
"A" TO "B" TO "C".sLA \
EAIS77NG BULKHEAD TO BE REMOVED FROM "A" TO Or TO "C".
EXlS77NG BULKHEAD TO REMAIN IN PLACE FROM "C' TO "Do va OarIMPACTPERMANEN WETLAND 32� � \
\ BENCHMARK -' 1542 SO FT �o \
THE PROPERTY UNES ARE SHOWN HEREON FROM A PAR77AL SURVEY AND \ NAIL&CAP IN
INFORMA LION IN DEED BOOK 4730, PAGE 1861 OF THE PONDER COUNTY REGISTRY. TOP OF BULKHEAD
SOURCE OF 777LE
DB 4730, P 1861
MB12,P5
DB 3798, P 221
MB 36, P 55
LEGEND
v \
N. ?� JOHN W. N. RAY RI3�
c� DB 1533, P 170
\
�t� MB12,P5 \
1' = 30 FT. \ 0
\
� 77EF WAVE fpDAM P T, AWFMaUL LAID SIRiYE= Na L-MZ CB?7 FY \ /
THAT THE SURVEY IS OF AN EXIS17NG PARCEL OR PARCELS OF LAND AND \ /
DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. /
STATE OF NORTH CAROLINA LENOIR COUNTY /
4 F. WADE DAVENPORT , CERTIFY THAT THIS PLAT /
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY
MADE UNDER MY SUPERWSION (DEED DESCRlPRON RECORDED
IN BOOK 4ZJG PAGE 1861. ETC.) (OTHER); THAT THE BOUNDARIES
NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMAT7ON FOUND IN MG 12 . PAGE 5 : THAT THE
RA770 OF PRECISION AS CALCULATED IS I. l 0 THAT THIS
PLAT WAS PREPARED IN ACCORDANCE WITH G. S. 47 - 30
AS AMENDED WITNESS MY ORIGINAL SIGNATURE, REGISIRA77ON
NUMBER AND SEAL THIS JOTH DAY OF JANUARY , A.D., 2023
L — 3552
STATE OF NORTH CAROLINA PONDER COUNTY
1, ,REWEW OFFICER OFPE NDER COUNTY,
CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CER77RCA77ON
IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING
REVIEW OFFICER
DATE
NCGS MONUMENT
PEN 15
N = 235, 349.26'
E = 2, 422, 375.64'
ELEV = 11.9' (NA VD 88)
/
= 236,340.01' �o
= 2, 423, 475.52'
►NTROL / O�
►RNER �G3
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N Anderson Blvd. Ton Sail Beach PCN Attachments 2-7-23
Attachment 3
NC DWR Water Classification Map
\�. I/-- --I-
Topsail Sound
Length
Units
Index #
Stream Classification
Overall Category
Parameter(s) Exceeding
Criteria
4 Zoom to
1,190.70
S Acres
18-87-10
SA; HQW
1
None
F-1 X
q 1 of 2 p
Search X
v 40O N Anderson Blv... X Q
5

N Anderson Blvd. Ton Sail Beach PCN Attachments 2-7-23
Attachment 4
Division of Coastal Management Restoration Plan

RESTORATION PLAN
For
Elias and Susan Bundy
CAMA Violation No. 22-29D
Properties located at 400 N. Anderson Blvd. and 310 C&D N. Anderson Blvd., Topsail Beach,
NC
The restoration plan takes precedence over the June 22, 2022 restoration plan. Restore approximately 934
square feet of altered Coastal Wetlands within and outside of the Estuarine Shoreline Area of Environmental
Concern (i.e. within and outside of 75-feet of the Normal High Water line) and remove all portions of the
retaining wall/bulkhead bordering Coastal Wetlands, as described in this NOV.
N
Restoration Agreement to Restore Coastal Welland Area of Environmental Concern (AEC) Bundy Property Per NOV 22-290
Ponder# County Topsail, NC
Date: September 10. 2022
Denmslons of Retaining Wall Fill Based on Feld Meawwnents Taken an Septenrahr 8, 2022
Drawn By Steve Trowel
version 2
I, Elias and/or Susan Bundy, agree to complete this restoration to the satisfaction of the Division of Coastal
Management (DCM) by February 1, 2023, or provide an explanation for non-compliance and a reasonable request for
time extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to assess a civilpenaltyplus investigative costs against
all violations. The amount assessed will depend upon several factors, including the nature and area of the
resources that were affected and the extent of the damage to them. If restoration is not undertaken or
satisfactorily completed, a substantially higher civil assessment will be levied and an injunction sought to
require restoration.
6-1
no . Q
`l.om/
Oeparlmenl el ImYwnblW GWigi
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

AV;

N Anderson Blvd. Top Sail Beach PCN Attachments 2-7-23
Attachment 6
NC SHPO HPOWEB 2.0 Map
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PENDER

N Anderson Blvd. Top Sail Beach PCN Attachments 2-7-23
Attachment 7
Turtle Creek Wetland Mitigation Credit Reservation Letter

4
WATER & LAND' -
SOLUTIONS
WLS Turtle Creek Mitigation Bank
Statement of Availability February 8, 2023
U.S. Army Corps of Engineers
Brennan Dooley
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Elias & Susan Bundy and Mary Lambert
This document confirms that Elias & Susan Bundy and Mary Lambert (Applicant) for the 400 & 130
C & D North Anderson Blvd. (Project) has expressed an interest to utilize 0.105 Riparian Wetland
Mitigation Credits from the Water & Land Solutions, LLC sponsored WLS Turtle Creek Mitigation
Bank, specifically 0.105 riparian wetland credits from the Turtle Creek Mitigation Bank, in the White
Oak HUC 03020302. As the official Bank Sponsor, Water & Land Solutions, LLC, attests to the fact that
Mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239-322-7276.
Best Regards,
Riane Fisher
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615