20021159 Ver 1_Application_20160404

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Al
LMG
LAND MANAGEMENT GROUP mc.
iaw Environmental Consultants
TO: Ms. Emily Greer
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
March 30, 2016
RE: IP Modification Request and Restoration Plan
Oceanaire Estates; Pender County, NC
Action ID# 2006-32259 and DWQ Project #02-1159
Dear Emily:
0 4 2016
Enclosed is information related to the Oceanaire Estates project for your review. This project is
located off of Oceanaire Lane in Surf City, NC (Pender County). As discussed, I have enclosed the following
information:
1. PCN form that requests 0.097 acre of additional fill on Lots 8, 9, 10, 12, and 13 and is to be used
for the Individual Permit Modification that you plan to issue.
2. Restoration plan that proposes to restore 784 sf of wetlands on Lots 20, 22, and 23. This
restoration plan also includes a summary of the project history and describes previous permits
that have been issued for the site.
3. Site plan that shows the areas of previous fill, requested fill, and proposed
restoration/enhancement.
Please let me know if you have any questions or need additional information. Thank you for your
assistance with this project.
Sincerely,
Kim Williams
Environmental Scientist
Encl
Cc: Chris Majewski, CJL Partners, Inc.
Charles Riggs, Charles F. Riggs and Assoc.
Joanne Steenhuis, DWR
Jennifer Burdette, DWR w/ application fee
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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OF W ATFR
o� Office Use Only:
V Corps action ID no.
o DWQ project no
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps.
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program. Mitigation already completed
❑ Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project.
Oceanaire Estates; Lots 8, 9, 10, 12, & 13
2b. County
Pender County
2c. Nearest municipality / town:
Surf City
2d. Subdivision name:
Oceanaire Estates
2e. NCDOT only, T.I.P or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed-
CJL Partners Inc
3b Deed Book and Page No
3c. Responsible Party (for LLC if
applicable)
Mr. Chris Majewski
3d. Street address,
2828 Brenfield Drive
3e. City, state, zip:
Raleigh, NC 27606
3f. Telephone no.:
3g. Fax no.:
3h. Email address.
Page 1 of 12
PCN Form —Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c Business name
(if applicable).
4d. Street address
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Kim Williams
5b. Business name
(if applicable):
Land Management Group, Inc.
5c. Street address:
3805 Wrightsville Avenue, Suite 15
5d. City, state, zip:
Wilmington, NC 28403
5e. Telephone no.:
[phone]
5f. Fax no.:
[phone]
5g. Email address:
[e-mail]
Page 2 of 12

B. Project Information and Prior Project History
1. Property Identification
4234-13-3890-0000 (Lot 8); 4234-13-3855-0000 (Lot 9);
1a. Property identification no (tax PIN or parcel ID):
4234-13-3911-0000 (Lot 10); 4234-14-1069-0000 (Lot
12); 4234-14-1125-0000 (Lot 13)
1b. Site coordinates (in decimal degrees):
Latitude: 34.412832 Longitude: - 77.570515
(DD DDDDDD) (-DD.DDDDDD)
1 c. Property size,
Entire S/D: 11.4 acres; Project Area: 0.8 acre
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Topsail Sound
proposed project
2b. Water Quality Classification of nearest receiving water:
SA; HQW
2c. River basin:
White Oak 03020302
3. Project Description
3a. 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 area is a residential subdivision and it supports several houses Adjacent properties are undeveloped or
residential.
3b. List the total estimated acreage of all existing wetlands on the property:
Entire S/D: — 7.6 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project.
The purpose of the project is to make several lots buildable and complete construction of a residential subdivision. Some
wetland fill has already been placed within the subdivision (both authorized and unauthorized) and was needed to
construct several houses. As a result of the economic downturn, the subdivision was not completed prior to expiration of
the permit.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project includes completing the development of this subdivision. House pad areas will be cleared of vegetation. Fill
material will then be brought in to complete grading of the house pads on Lots 8, 9, 10, 12, and 13. Utilities will be
installed and homes and driveways will then be constructed Typical construction equipment such as track hoe, loader,
dump truck, and bob cat was used to clear lots for the building footprint, grade the lots, and construct the houses.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made.
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company.
Name (if known): Mr. Rob Moul
Land Management Group, Inc.
Other:
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This most recent delineation was approved in the field by Emily Greer in 2015.
Page 3 of 12
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions
A former developer obtained a CAMA Major Permit, 401 WQC, and GP291 for the entire subdivision that authorized 0.31
acre of wetland fill. (Action ID# 2006-32259 and DWQ Project #02-1159) In 2007, it was determined that an additional
0.174 acre of wetland fill occurred within the subdivision, which was then authorized by the USACE and DWR. A new
developer purchased the property and the site was redelineated by LMG in 2015. A site inspection by Emily Greer of the
USACE and Joanne Steenhuis of DWR concluded that only 0.22 acre of the originally authorized fill was actually
installed. But in addition to the authorized fill, approximately 0.039 acre of unauthorized fill occurred on Lots 18, 19, 20,
22, and 23 The unauthorized fill on Lot 19 has been resolved. The applicant plans to remove the unauthorized fill on Lots
18, 20, 22, and 23 and will submit a restoration plan. He requests 0.0975 acre of additional fill to complete the subdivision
and make other lots buildable
6. Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts NIA
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Fill for lot
development
Non -riparian
®Yes
❑ No
® Corps
®DWQ
0.0375
(Lots 8 & 9)
W2 ®P ❑ T
Fill for lot
development
Non -riparian
® Yes
❑ No
® Corps
®DWQ
0.0109
(Lot 10)
W3 ®P ❑ T
Fill for lot
development
Non -riparian
® Yes
El No
® Corps
®DWQ
0.0387
(Lot 12)
W4 ®P ❑ T
Fill for lot
development
Non -riparian
®Yes
El No
® Corps
®DWQ
00104
(Lot 13)
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.0975
2h. Comments
3. Stream Impacts NIA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
31. Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary
4b
Name of waterbody
(if applicable)
4c
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
05 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction N/A
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
51 Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12

6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below.
If yes, then individually list all buffer impacts
below. If any impacts require mitigation,
then you MUST fill out Section D
of this form
6a.
❑ Neuse
❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b.
6c
6d.
'6e.
6f.
6g.
Buffer impact
I
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(_square feet)
(square feet)
Temporary
impact
required?
,61 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
El Yes
❑ No.
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
61. Comments:
M
Page 7 of 12

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Wetland impacts have been minimized to only what is necessary to create a small house pad on five platted lots. Overall
wetland impacts within the subdivision are less than what was previously permitted and mitigated.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be used during construction to reduce sediment from eroding into other wetland areas.
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
2b. If yes, mitigation is required by (check all that apply).
❑ DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
® Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type.
Quantity.
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached.
® Yes
4b Stream mitigation requested
linear feet
4c. If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only):
square feet
4e Riparian wetland mitigation requested
acres
4f Non -riparian wetland mitigation requested:
1 acre (already purchased)
4g. Coastal (tidal) wetland mitigation requested.
acres
4h Comments: Payment has already been made by previous developer.
5. Complete if Using a Permittee Responsible Mitigation Plan N/A
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 8 of 12
PCN Form —Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ NIA
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 12

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan N/A
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments -
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
—35%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: N/A
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A State Stormwater Permit has been issued for this subdivision (SW8 020109).
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review N/A
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5.
DWQ 401 Unit Stormwater Review N/A
5a.
Does the Stormwater Management Plan meet the appropriate requirements
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
lb If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
® Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b Is this an after -the -fact permit application?
® Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)- Previous
developer impacted wetlands outside of what was authorized on several lots within the subdivision, but overall wetland
impacts within the subdivision are still less than authorized and mitigated This application requests authorization to install
additional fill on several lots Note that 0.021 acre of wetlands on site are to be restored.
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
No additional wetland impacts will be needed within subdivision
4. Sewage Disposal (DWQ Requirement)
4a. 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.
The project will tie into the local sanitary sewer system.
Page 11 of 12
PCN Form — Version 1 3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat'?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally
protected species are known to occur within the site. Several federally protected species are known to occur within a one -
mile radius of the site Sea turtles have been documented to nest along the Atlantic Ocean Beaches, sturgeon are known
to occur within the Atlantic Ocean and Topsail Sound, and seabeach amaranth is found along the foredunes adjacent to
the Atlantic Ocean. This project will not impact any of these species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat (EFH). No EFH or Habitat Areas of Particular Concern (HAPC) were identified at the site.
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
❑ Yes ® No
status (e.g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC SHPO HPOWEB GIS service website was used to determine the presence of cultural resources. No cultural
resources are known to occur on or adjacent to the property.
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: Houses will be built to meet floodplain requirements
8c What source(s) did you use to make the floodplain determination? Surveyor provided floodplain information
Kim Williams
1 _ ` U
W ll�ll�
3/30/2016
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided )
Page 12 of 12

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Ihve, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Oceanaire project. All questions in regards to this project should be directed to Land
Management Group, Inc.
Sincerely,
Oc r/ pplicant
Print Name _
Date

r
RESTORATION PLAN
Oceanaire Estates
Surf City, NC
CJL Partners, Inc.
Action ID# 2006-32259
DWQ Project # 02-1159 ver 2
INTRODUCTION
In 2015, Emily Greer of the US Army Corps of Engineers (USACE) and Joanne Steenhuis of
the NC Division of Water Resources (DWR) determined that unauthorized wetland fill was placed
on several lots (19, 20, 22, & 23) located within the Oceanaire Estates Subdivision. This
subdivision is approximately 11.4 acres in size and is located off of Oceanaire Lane in Surf City,
NC (Pender County). The unauthorized fill on Lot 19 has been permitted via an after -the -fact
Nationwide Permit 18. The remaining unauthorized fill on Lots 20, 22, and 23 (784 sf) will be
restored as described in this plan.
PROJECT HISTORY
In 2004, the original developer of this project, TP Inc., obtained a CAMA Major Permit, GP
291, and 401 Water Quality Certification to develop the Oceanaire Estates residential subdivision
and fill 0.311 acre of 404 wetlands needed for lot development. At that time, the project area
was located within a Division of Coastal Management (DCM) Area of Environmental Concern. In
May of 2006, the USACE issued a Notice of Non -Compliance which documented violations of the
GP 291, specifically discharges of fill material that exceeded the authorized amount. In response
to this Notice, the applicant submitted a request to modify the existing permit to authorize these
additional impacts. This request stated that the additional impacts were the result of
miscommunication between the contractor, surveyor, and developer such that the original
permit application should have included these impacts. It was determined by the USACE that the
applicant had minimized impacts to the maximum extent practicable and provided additional
mitigation for the additional impacts. Therefore, in August of 2007, the USACE issued an after -
the -fact modification of the GP 291 to TP, Inc. for impacts to 0.485 acre of Waters of the US. As
a condition of that modified permit, the applicant was required to pay into the NC Ecosystem
Enhancement Program for 0.97 acre of non -riparian wetland restoration, preserve 0.93 acre of
remaining wetlands on the property, restore 0.08 acre of unauthorized filled non -riparian
wetlands and 0.04 acre of unauthorized impacted coastal wetlands, and prepare as -built surveys
1

0.
of temporary wetland impacts. In September of 2007, DWQ issued a modification to the 401
WQC also authorizing 0.485 acre of 404 wetlands. Their permit also required the preservation of
remaining wetlands and restoration of 0.08 acre of unauthorized impacted non -riparian wetlands
and 0.04 acre of unauthorized impacted coastal wetlands.
In June of 2011, Jennifer Frye with the USACE sent an email to Paul MacNamara and Henry
Kitchen with the law firm representing Bank of America that provided a project summary to date.
At that point, TP Inc. was no longer involved with the project and Bank of America and the
bankruptcy court had taken over development of the property. Ms. Frye stated in her email that
the NC EEP payment had been made and the on-site restoration was completed. However, the
wetland preservation and the as -built surveys did not occur. She also noted that the GP 291 and
the Jurisdictional Determination for the project had expired. She recommended that the Bank
obtain a new JD in order to determine what areas could be preserved.
In April of 2014, Mr. Chris Majewski with CJL Partners Inc. purchased the remaining
developable lots on Oceanaire Lane (Lots 5-33) and the Lift Station from Algernon Butler, Chapter
7 Bankruptcy Trustee for TP Inc. (Deed Book 4405, Page 65 of the Pender County Registry). Since
that time, Mr. Majewski has worked with the regulatory agencies to resolve any outstanding
enforcement issues. LMG redelineated wetlands within the site in 2015 and it has been approved
by Emily Greer with the USACE. Both the USACE and DWR determined that approximately 0.22
acre of the 0.485 acre of authorized fill was installed. An additional 0.036 acre of unauthorized
fill also occurred. Of this, 0.018 acre of impact on Lot 19 has been authorized through an after -
the -fact NWP 18 (Action ID# 2016 -SAW -00334). The remaining 0.018 acre of fill will be restored
as described in this plan. Finally, 0.0975 acre of additional fill is being requested on all remaining
lots through a modified Individual Permit process.
RESTORATION ACTIVITIES
Three areas are to be restored within the project area that are a total of 784 sf in size
(Figure 5). Because these areas are small in size, fill material will be removed using a backhoe
and/or shovel. Equipment will work from uplands and material removed from wetlands will be
placed in upland areas within the subdivision. Once the material is removed, any ruts will be
smoothed out. Planting will then occur within the restoration areas and an existing wetland finger
located between the restoration areas on Lots 22 and 23. Woody wetland vegetation will be
planted on an 8' spacing. The areas to be planted total approximately 1,500 sf, which will require
approximately 30 plants.
2

. V6
Table 1. Wetland vegetation to be planted in restoration and enhancement areas at Oceanaire Estates.
Species planted is dependent upon nursery availability.
Scientific Name
Common Name
Number
Baccharis halimifolia
Groundsel Bush
10
Morella cerifera
Wax Myrtle
10
Iva imbricata
Marsh Elder
10
TOTAL
30
Once the fill material has been removed and the restoration and enhancement areas have
been planted, a short as -built summary will be submitted to the USACE and DWR that describes
restoration/enhancement activities and includes photos of the post -mitigation project area.
3

SITE
Sources: Esri, HERE, Del-orme, USGS, Intermap, increment P Corp.,
NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),
TomTom, Mapmylndia, © OpenStreetMap contributors, and the GIS User
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"3oundaries are approximate and are not meant to be absolute.
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March 2016 3805 Wrightsville Avenue
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March 2016 3805 Wrightsville Avenue
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Phone: [phone] Fax: [phone]

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Oceanaire Estates LMC
Pender County, NC Figure 3
www.lmgroup.net Soils Map
March 2016 3805 Wrightsville Avenue
LMG # 01-15-156 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

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Boundaries are approximate and are not meant to be absolute.
Map Source: 2010 ArcGIS World Imagery
Oceanaire Estates
Pender County, NC
March 2016
LMG # 01-15-156
LMG
www.lmgroup.net
3805 Wrightsville Avenue
Wilmington, NC 28403
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