20080318 Ver 1_401 Application_20080208

T
LMG
LAND MANAGEMENT GROUP iNC.
Environmental Consultants
February 14, 2008
TO: Ms. Kim Garvey
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: Nationwide Permit 29 Application
Executive Plaza; Brunswick County, NC; Action ID# 200500252
Dear Kim:
~° ~~~~
08-0318
Enclosed is a NWP 29 application for your review. This application is submitted on
behalf of Midway Development Inc. for a commercial development located at the intersection of
Midway Road and Highway 211 in Southport, NC. The applicant is proposing to construct one
commercial building with a driveway and associated parking. Although the applicant has
attempted to minimize wetland disturbance through careful site design, wetlands exist all along
the Hwy 211 road frontage and impacts are needed in order to gain access to the site. The
proposed site plan shows impacts to 0.05 acre of 404 wetlands from one road crossing.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Tom Young, Midway Development Inc.
Mr. Phil Norris, Norris, Kuske, and Tunstall p ~ `~ ~ "~"' ~ D
Mr. Chad Coburn, DWQ
Mr. Ian McMillan, DWQ FEg 1 8 2008
DENR - WATER Q~AUTY
Y~rTIANDS ANO STOR-AdVATER BRAtiCH
www.lmgroup.net [e-mail] Phone: [phone] Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

Office Use Only: Fonn Version March 05
USACE Action ID No. DWQ No. ~ 8 - 0 3 ~ 8
I.
II
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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:
NWP 29
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 ~F~~ ~ R ZO~R
Name: Mr. Tom Young ,. ,n~rkuu~~' .,,.,,~nN
Mailing Address: Midway Development Inc. ,,,cT,Aaos;,rosm~'~
c~
Winnabow, NC 28479
Telephone Number: (9101253-6611 Fax Number: [phone]
E-mail Address:
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: Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: PO Box 2522
Wilmington, NC 28402
Telephone Number:~910) 452-0001 Fax Number: [phone]
E-mail Address: kwilliams(ci~lmgroup.net
Updated l l/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 maybe 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.
5.
1. Name of project: Executive Plaza
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2030002716
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take
17S into Brunswick County. Take 1335 towards Southport. Turn right onto Hwy 211. Site is
on left before intersection with Midway Road (see vicinity map).
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 33.9711 °N 78
6. Property size (acres):
2.64
7. Name of nearest receiving body of water: River Swamp
8. River Basin: Car__ ~-
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~//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: Tract is currently undeveloped and forested. Adjacent land use
is undeveloped residential or commercial.
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of one 6 000 sf buildinP and associated driveway and parking The project will
attach a sheet that
1286 °W
Updated I l/1/2005
Page 6 of 12

tie in to the existing, sewer system. An erosion control plan is being developed. Sediment
and erosion shall be minimized with the use of silt fencing.
11. Explain the purpose of the proposed work: Purpose of the proposed work is to provide
access to uplands located within the site.
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 USAGE 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.LP. project, along with
construction schedules. There is a~reviously signed Notification of Jurisdictional Determination
signed by Mr. Tom Farrell of the US Army Corps of Engineers dated April 20, 2005 (Action ID#
200500252). The applicant disturbed 0.1 acre of wetlands for a road crossing on an adioinin~
property in 2005 under a NWP 39 (no-notification).
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.
No future wetland impacts are antic~ated on site.
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: One proposed road crossin will
impact 0.05 ac of wetlands.
Updated 11 / I /?005
Page 7 of 12

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 lief impacts clue tc tenth 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 for
Road Crossing Forested Wetland No ~ 1000 0.05

Total Wetland Impact (acres) 0.05
3. List the total acreage (estimated) of all existing wetlands on the property: ~ 1.62 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 he included_ To calculate acrea~e_ multiply length X width. then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A

Tota] Stream Impact (by length and acreage)
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_ dred~in~_ floodin~_ drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on map)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.05
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.05
Total Stream Impact (linear feet): N/A
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.):
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 maybe 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. Wetland impacts were
minimized to the maximum extent practicable. However, wetlands exist all along the H~2.1.1_
road frontage. Impacts are needed to fain access to the site. The applicant is crossing at the
narrowest point to minimize impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation maybe 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
Updated 11/1/?005
Page 9 of 12

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/stl-mgide.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.
Because wetland impacts have been minimized to 0.05 acre, no further mitigation is
proposed.
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://h2o.enr.state.nc.us/wi-p/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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)?
Updated 11/1/2005
Page 10 of 12

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
(Neuse), 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 )? 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.
* Impact Required
Zone __ _ ~. ,~ Multiplier ,,,~:,, _~,__
1 N/A 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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
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. There is no existing impervious cover on site. Proposed impervious cover within
this site will include a driveway, one commercial building, and associated parking. This will be
0.45 acres or 17% the site.

Updated l 1 / (/2005
Page 11 of 12

XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will tie into existing sewer services provided by Brunswick County.
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 an after-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 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/newetlands. If no, please provide a short narrative description: Project
will not provide connections or utilities to other tracts.
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).
a j
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/?005
Page 12 of 12

Fram:Land Management Group 91046Z[1060 02.11412008 07:6A~ #I42 P. 002/002
AGENT AUTHORI7ATION FORM
TO WI3C71bT Il' Mn.Y CQNCERN:
Uwe, the undet5ipo.Ed, }~ercby an.thorize Land Man~ig4's~-ent Uroup, Inc. to a.ct'as cur agcn.t in th:e
prepazatioz~. and re~reseatativn o:f informaii.on related to tl~c 404/401 >>emv.t application. 'for the
Execufve lazy site located in. I3runs~ie)` County. All, quesl:ions in. a-cgards to this project sb.vuld
he directed to .Land Management Group, Jnc.
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Tom Young
Midway Road Tract LMG Figure 1
Brunswick County, NC LANDb1ANAGL•MlNTGROUPnc VICInIt~/ Map
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Tom Young
Midway Road Tract LMG
Brunswick County, NC i.nvn ainxncLMLrr cxour ~~~
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Tom Young
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Map Output

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Insurance Ra[e hflp and should riot be used as such.
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COUNtt: BRUNSWICK FILE: 01029LOT5_a06
STATE: NORTH CAROLINA .iOB NO.: 01-029