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HomeMy WebLinkAbout20031201 Ver 2_Approval Letter_20071204Michael F. Easley, Governor o~~~ w A r~RQ~ ~ ~ William G. Ross Jr., Secretary ~ r= North Carolina Department of Environment and Natural Resources --I ~ `C Coleen H. Sullins, Director Division of Water Quality Burgaw Development Group, LLC Attn: Ed Scott PO Box 871 Burgaw, NC 28425 December 4, 2007 DWQ Project # 03 1201 Ver 2 Pender County Subject Property: Coastal Carolina Country Club Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Scott: You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 201inear feet of stream and 0.029 acres of jurisdictional Wetlands for the purpose of keeping previously impacted wetlands areas in the construction of a golf course, as described within your application dated October 12, 2007. After reviewing your application, it has been determined that the impacts are covered by General Water Quality Certification Number(s) 3631 (GC3631). The Certification(s) allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is 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. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved includin;; incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 20 linear feet Area 4 Impact (See attached drawings) 404/401 Wetland 0.029 acres Area 1 Impact (567 sq ft) and impacts (See attached drawings) Area 2 Impact (727.47sq ft) None hCazolina Jlfialura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterauality nI^ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equat OpportunitylAffrmative Aclion Employer - 50°/ Recycledll0°/ Post Consumer Paper Page Two Burgaw Development Group, LLC Attn: Ed Scott DWQ # 03-1201 Ver 2 December 4, 2007 2. Restoration Plan The stream must be constructed, maintained, and monitored according to the approved plans in the application and modifications to the application. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. The restored stream and adjacent wetlands must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. The proposed restoration plan must be completed before 7/1/2008. If any issues arise during the restoration process, please contact this Office. Monitoring Reports A report must be submitted annually to both the Central Office of the Division of Water Quality and the WiRO Regional Office of DWQ, for two years. This report must be received by June 1 of each year. Send Central Office copy to: Amanda Mueller 401 Wetlands Unit 2321 Crabtree Blvd Raleigh, NC 27604-2260 The monitoring results will be reviewed by the NCDWQ. If NCDWQ has concerns regarding restoration success of the stream, the NCDWQ will confirm this with the USACE (or the current delegated authority). If after two years the restoration is considered successful, no additional reports will be required. If the restoration areas are not successful additional mitigation or restoration work will be required. 4. Sedimentation and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. Page Three Burgaw Development Group, LLC Attn: Ed Scott DWQ # 03-1201 Ver 2 December 4, 2007 No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 6. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 7. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1.650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919- 733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215. Si erely, G~ - oleen H. Sullins, Director Division of Water Quality Enclosures: GC 3631 Certificate of Completion Page Four Burgaw Development Group, LLC Attn: Ed Scott DWQ # 03-1201 Ver 2 December 4, 2007 cc: James Taylor - SEGi Ian McMillan -DWQ 401 Oversight Unit, Raleigh Jennifer Frye - USACE Wilmington Regulatory Field Office Stephen Rynas, DCM Morehead City Central Files WiRO 04-044.01 Restoration anc~ Permit Pan [16/26] SEGi Appendix C: NWP 39 Office Use Ong: Form Version May 2002 USACE Action ID No. DWQ No. _ D3 - laol y2, (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) Processing II PAID 1. 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: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ Applicant Information 1. Owner/Applicant Information ~ ~ ~ ~ ~~~ Name: Burgaw Development Group, LLC c/o Mr. Ed Scott OCT 1 5 2007 Mailing Address: P.O. Box 871 llENR - WAT~f~ cwA~~17 Burgaw, North Carolina 28425 -NEII.ANDSArvDS70R14~yA1~gRp~ Telephone Number: 910.259.9549 Fax Number: N/A E-mail Address: N/A 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: Mr. James Tam Company Affiliation: Southern Environmental Group, Inc. Mailing Address: 5315 S. College Rd. Suite E Wilmington, North Carolina 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: JTaylor(a~segi.us Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. t. Name of project: Coastal Carolina Country Club 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3, Property Identification Number (Tax PIN): N/A 4. Location County: Pender (# 71) Nearest Town: Burgaw Subdivision name (include phase/lot number): Coastal Carolina Country Club Directions to site (include road numbers, landmarks, etc.): I-40 N from Wilmington. Take Exit 398 and go west on Hwv 53. then south on Hwv 117. Turn left onto Wilmington Street Extension (approx. '/ mile south of intersection of Hwys 53 and 1171. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody) Decimal Degrees (6 digits minimum): 34°33.2298' N 77°54.491' W 6. Property size (acres): 300 f acres 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Burgaw Creek 8. River Basin: Cape Fear (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is a golf course and country club with a small amount of residential uses surrounding the project area. Commercial development exists along Hwy Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: Heavy machinery including bulldozers and other equipment will be used to grade and restore the stream at two separate locations that were previously impacted and to permit existing fill within two wetland areas and 20 f linear feet of stream 11. Explain the purpose of the proposed work: The proposed work will provide for a permit that will allow the continued operation of an existing golf course and will allow access to the fairwaygreens and other property owned b the Applicant Approximately 447f linear feet of stream will be restored as part of this project. 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. N/A 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. As discussed with the Corps of Engineers and the Division of Water Ouali .app future work will reauire either a modification to this permit or an Individual Permit if any future proposed impacts are not within the available amounts of impact under the NWP program VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Page 3 of 9 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. Provide a written description of the proposed impacts: Permit the fill material and culvert (20 linear feet, along the 14`" fairwa, permitting of the 1294.47E square feet of fill within and along the 14`" fairway 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Fill Wet Flat Yes ~2501f 0.013E 2 Fill Wet Flat Yes ~2501f 0.016E Total Wetland Impact (acres) 0.0291 List the total acreage (estimated) of all existing wetlands on the property: 15 + (See wetland map) 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act (linear feet (acres 4 UT crossinc /culvert Perennial 5 20.0E 0.002 Total Stream Impact (by length and acreage) 0.002 Page 4 of 9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma ) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Irri act (acres): 0.002 Wetland hn act (acres): 0.029 O en Water hn act (acres): N/A Total IYn act to Waters of the U.S. (acres) 0.029 Total Stream hn act (linear feet): 0.002 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ^D No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Pond Creation: Not applicable If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.):_ Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):_ Current land use in the vicinity of the pond:- Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact Page 5 of 9 site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed stream and wetland fill is necessary to allow continued operation of an existing golf course and to provide for access to the 14`" fairway, tee and green -required for continued play and for maintenance of the golf course conducted using heavx machiner~ge equipment and delivery vehicles. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr.state.nc.us/ncwetlands/strm gide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The Applicant proposes to purchase 0.25 acre of mitigation through the North Carolina Ecosystem Enhancement Program LNC EEP) -see attached acceptance letter. The Applicant is also restoring 4471inear feet of stream to remove non-permitted fill. Page 6 of 9 Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet):_ Amount of buffer mitigation requested (square feet):_ Amount of Riparian wetland mitigation requested (acres):_ Amount ofNon-riparian wetland mitigation requested (acres): 0.25 acre. Amount of Coastal wetland mitigation requested (acres):_ I. IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ^ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 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)? Page 7 of 9 Yes ^ No x^ 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. I Impact ~ Required Zone* Multiplier (square feet + Mitigation ,, _t --- _1 _ 3 - 2 ~ I.5 - - - __ I ~ _ - - --- Total -_.~_ * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 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. X. 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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level The Applicant, if subject to separate Stormwater Permit requirements, will apply_ to modify or permit, whichever is relevant, the proposed changes to the existing plan, as required by the Division of Water Quality. XI. 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. Municipal or septic. II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^D No ^ Is this an after-the-fact permit application? Yes x^ No ^ Page 8 of 9 XII. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No ~ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is an independent development that is not associated with any other development lp ans• XIII. 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 9 of 9 (Agent's signature is valid only if an authorization letter from the applicant is provided.) 04-044.01 Restoration anc~ Permit Phan [25/2.6] S~Gi Appendix D: NC EEP Approval Letter ;• os~stem PROGRAM September 20, 2007 Billy Dawson Burgaw Development Group PO Box 871 Burgaw, NC 28425 03 - 120 1 vz County: FENDER Project: Coastal Carolina Country Ciub The purpose of this Letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. [t is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid io NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summazized in the followin table. CAPE FEAR 03030007 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Wazm Ri azian Non-Ri azian Coastal Marsh Impacts 0 0 0 0 0.25 0 0 0 Credits 0 0 0 0 0.50 0 0 0 Upon receipt o.f payment, EEP will take responsibility for providing the compensatory ntigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, U William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/40I Unit Brad Shaver, USACE-Wilmington Joanne Steenhuis, NCDWQ-Wilmington Doug Huggett, NCDCM-Morehead City Amanda Kolb, agent File RestD~u-r~... ~ ~ ... P~OtC~~"- / Our Stag I~CDETIR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 ! 919-715-0476 / vrww.nceep.net