20071401 Ver 1_More Info Received_20071213

ENVIRONMENTAL SERVICES, INC.
1022 GRANDIFLORA DRIVE, SUITE 250
LELAND, NORTH CAROLINA 28451
910-383-6021 • FAX [phone]
www esinc.cc
10 December 2007
N.C. Division of Water Quality
DWQ 401 Oversight and Express Unit
Attn. Ian McMillan
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
~ ~ ~ E~ ~ 1;1 IS
~~~ 1 3 X007
WETIaN- gr~pAt+tO ST'~~4~R BRNVCH
RE: Two Eleven Midway Commercial Center, Brunswick County, North Carolina, DWQ
Project No. 07 1401.
Dear Mr. McMillan:
Environmental Services, Inc., (ESI) received comments on the N.C. Division of Water Quality
Section 401 Water Quality Certification application on 10 December 2007.
In order to address the received comments and request for additional information we are
submitting the following responses.
1. During a site visit by myself on December 4, 2007, accompanied by Nicole A. Loft of
Environmental Services, Inc., it was determined that the 438 linear feet of stream impacts
proposed in Part VI (4) of the PCN are to a perennial stream and not an intermittent
stream. Revise Part VI (4) of the PCN to show this change.
A revised version of the PCN that reflects this change is attached.
2. Mitigation Plan - In accordance with I SA NCAC 2H .0500, mitigation may be required
by the DWQ for projects involving greater than one acre of impacts to freshwater
wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams.
A copy of the mitigation plan must be submitted to DWQ in order to consider the
application complete for processing.
The PCN and supporting documentation includes mitigation for the proposed
impacts using a combination of payment into the EEP in lieu fee program and on-
site preservation. Mitigation is presented in Part VIII (2) of the PCN and in
further detail in Section 6.0 of the supporting documentation. A copy of the EEP
Notification of Acceptance Letter for the mitigation request is attached.
JACKSONVILLE + ST. AUGUSTINE • COCOA • JUPITER • DESTIN • SAVANNAH • ATLANTA • RALEIGH • CHARLOTTE • ASHEVILLE

ENVIRONMENTAL SERVICES, INC.
The aforementioned responses are submitted to assist with the expeditious processing of our
permit application. If you have additional questions or require additional information please
contact me as soon as possible.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
~1
att K. Smith ~/
Senior Project Manager
Cc: Chad Coburn-DWQ Wilmington Regional Office
Kim Garvey-USAGE Wilmington District/Regulatory Division
Scott Cooke-211/Midway LLC
2

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. O '1 - I N- 0 1
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18, 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 h D .~].,a ~~j i/7
II. Applicant Information ~ 2:007
Dt=C l~ J
Owner/Applicant Information ~--
Name: Midway/211 LLC ~,~~~~~osYOt?i~ATERB~H
Mailing Address: 6131 Oleander Drive. Suite A
Wilmington North Carolina 28403
Telephone Number: 910-395-0090 Fax Number: 910-395-0091
E-mail Address: scott(a~nick~arrett.com
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: Matt Smith
Company Affiliation: Environmental Services. Inc.
Mailing Address: 1022 Grandiflora Drive, Suite 250
Leland. North Carolina 28451
Telephone Number: 910-383-6021 Fax Number: 910-383-6049
E-mail Address: msmith(a~esinc.cc
Updated 11/1/2005
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Two Eleven Midway Commercial Center
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 2030001301, 2030001601, 2030001304,
20300015
4. Location
County: Brunswick Nearest Town: Bolivia
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
US 17 and NC 211 in Supply, NC proceed east on NC 211 for approximately 7 miles. The
site is located on the left immediately before the intersection of NC 211 with Midway Road.
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): 33.9739 °N 78.1328 °W
6. Property size (acres): 40 acres
7. Name of nearest receiving body of water: unnamed tributary to River Swamp
8. River Basin: Lumber River Basin
(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: see attached supporting documentation
Updated 11/1/2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: see
attached supporting documentation
11. Explain the purpose of the proposed work: see attached supporting documentation
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.
The jurisdictional determinations for the properties included in this development were completed
as Action ID Numbers 200500833, 20050016, and 200600394.
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.
None proposed.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Updated 11/1/2005
Page 7 of 12

see attached supporting documentation
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
A (Figure 5) Fill Shrub no 650 0.11
B (Figure 6) Excavation Shrub no Adjacent 0.09
C (Figure 7) Fill shrub no Adjacent 0.07

Total Wetland Impact (acres) 0.27
3. List the total acreage (estimated) of all existing wetlands on the property: 1.72 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres
Figure 8A UT River Swamp culvert Perennial 10 438 0.10

Total Stream Impact (by length and acreage) 438 0.10
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, Bred in ,floodin , draina e, 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

Updated 11/1/2005
Page 8 of 12

Total Open Water Impact (acres) n/a
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): 0.10
Wetland Im act (acres): 0.27
Open Water Im act (acres): n/a
Total Im act to Waters of the U.S. (acres) 0.37
Total Stream Im act (linear feet): 438
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached supporting documentation
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
Updated 11/1/2005
Page 9 of 12

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 (see DWQ website for most current
version.).
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.
See attached supporting documentation (Attachment 7)
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.ncee~.net/paaes/inlieureplace.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): 438
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): 0.16
Amount ofNon-riparian wetland mitigation requested (acres): 0.11
Amount of Coastal wetland mitigation requested (acres): n/a
Updated 11/1/2005
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify n/a )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multi lier I Required
1 ( I 3 (2 for Catawba)
2 1.5
Total ~ n/a
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. n/a
Updated 11/1/2005
Page 11 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
A DWO stormwater Hermit is being applied for sepazately.
XII. Sewage Disposal (required by DWQ)
Cleazly detail the ultimate treatment methods and disposition (non-dischazge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The proiect will connect to the county sewer system
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact neazby 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 _statg;nc.us/ncwetlands. If no, please provide a short narrative description:
The proposed project will provide services to the existing residential developments located in
close proximity to the intersection of NC 211 and Midway Road. The proposed project is not
anticipated to result in additional development which could impact neazbv downstream water
quality.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n/a
App~ant/Agent's Signature Date ~
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12

1--
~3o~p stem
PROGRAM
September 26, 2007
Matt Smith
Environmental Services, Inc.
1022 Grandiflora Drive, Suite 250
Leland, NC 284 1
Project: Two-Eleven Midway Road
~~' ~ ~D~
County: BRUNSWICK
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. It 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 to 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 summarized in the
followint; table.
LUMBER
03040207 Stream {feet) Wetlands (acres) Buffer I

(Sq. Ft.) Buffer II

(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 438 0.22 0.11 0 0 0
Credits 0 0 876 0.44 0.22 0 p 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant 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.
Sin ely,
i liam D. ilmore, P
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Ian McMillan, NCDWQ- Wetlands/401 Unit
File
1~.2StDYLGl9... ~ ~ ... Pf~Ot~G~;Gt~ OGLY Stag
I~CDE~IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net