20090284 Ver 1_More Info Received_20090514

S?G?
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Transmittal Letter
Date: 05/13/09
To: Mr !an mom 1IQn
Of: DWQ 401 Wetlands Unit - 4DI Ck/traict 4
Attached you will find:*
? Proposal ? Sketch(es) ? PCN
? JD Package ? Report(s) ? Plans
? odc?p
kimt-5
MAY 1 4 2009
DENR . WATER QWTY
WU ANpS AND SToFWanlt 9RMI M
? Signed Wetland Map ? Photo(s)
? Information Request ? Other
Copies Dated Description
1 5/12/09 Courtesy copy of Response to USACE RFAI for Country Walk - PCN.

*If noted items are NOT attached, please contact our office.
These are being delivered:
? For your Review/Comment ?X For your Records ? Returned for Correction(s)
? Corrected and Returned ? For your Signature ? As Requested
? Other:
By: ? Hand Delivery ? Fed-Ex ? UPS x? Regular Mail ? Other
Notes:
1 believe the information provided in this correspondence should address the DWQ's concerns surrounding the project. However, I expect
to have a response to your letter to you in the next week. Hope all is well.
Signature and (Typed) Name: Dana Lutheran
SEGI Project *, 06-WO.01
CNent Name: Ed Ekrrxkt - Soy Sean, LLC
USACOE Action ID#-. SAW 007-00295
Date: 05/12/09
Soutkern Environmental &oup) Inc.
531 5 South College Road, Suite E_ • Wilmington, North Carolina 28+12
910.452.271 1 • Fax: 910.+5 2.2599 • [e-mail]
www.segi.us
May 12, 2009
Hand Delivery
Ms. Kimberly Garvey
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403 [SEGi Project #: 06-200.011
Re: Response to USACE RFAI
Country Walk Subdivision & Commercial Development
USACE AID #: SAW-2007-00295
Dear Ms. Garvey,
This letter is in response to correspondence received from your office on 10 April 2009,
requesting additional information to complete the Pre-Construction Notification application
submitted for the proposed Country Walk Subdivision and Commercial Development. According
to your letter, the following comments and requests for additional information were noted:
1. Please be aware that because you are unwilling to provide this office with draft
Rapanos Forms to complete the Jurisdictional Determination, additional time will
be necessary to process your Pre-Construction Notification (PCN) [General
Condition 27 (b)(4)].
The requested forms have been attached to this correspondence (see Enclosure 1 -
Attachment 24 - Rapanos Forms (addendum)).
2. In both your cover letter and on your drawings, you propose temporary impacts,
but you have not included these impacts in Section C of your PCN.
The PCN has been revised to reflect the separate tabulations of temporary and
permanent impacts (see Enclosure 2 - Pre-Construction Notification). SEGi
would like to bring to the Corps' attention that the impacts have been accounted
for in the "Open Water" section of the PCN, as agreed upon in our phone
conversation held 8 April 2009.
3. Please provide a purpose and need for the proposed temporary impacts if they are
still being requested.
Sr-61
The purpose of the requested temporary impacts are to account for the potential
impacts associated with incidental fallback, that may take place during
excavation.
4. You have not included any rip-rap dissipaters in your impact table or drawings;
please confirm that none will be used in jurisdictional waters and wetlands in your
project area.
Energy dissipaters were incorporated into the site plan, on the downstream side of
the pipe crossings. The inclusion of these erosion control measures increased
permanent impacts by 0.009 acre (393.4 square feet), bringing the total area of
permanent impacts to 0.1196 acre. The increase in permanent impacts does not
create the need to obtain additional mitigation credits from the NC EEP (see
Enclosure 3 - Revised Site Plan and Cross Sections, and 6 - Revised Preservation
Map).
5. Please provide evidence that you meet Regional Condition 3.6, Safe Passage
Requirements for Culvert Placement.
Although the features are depicted as "blue line streams" on USGS Quad Maps,
documentation has been submitted to the USACE, which contradicts he USGS
classification of the features. With that said, SEGi feels burying the culverts at
20% below existing grade provides adequate safe passage for wild life and other
organisms. However, should the USACE disagree with this assessment, please
condition the permit to state the Corps' desired burial depth of the culverts and the
Applicant will comply willingly.
6. Please provide additional information and a more detailed drawing of the proposed
lift station indicating and illustrating how you propose to construct this without
impacts to waters and wetlands of the US.
7. Please be aware that you have included some of the requested impacts (portion of
Impact #3) in the draft preservation map. If this is an error, please revise and
resubmit the draft preservation map.
Please see Enclosure 5 - Zoom of Lift Station and Enclosure 4 - Norris, Kuske,
& Tunstall Email. The proposed structure will be constructed at natural grade,
thus impacts is not a concern.
The originally submitted preservation map was accurate, however it may be at
such a scale that is visually difficult. However, the exhibit has been revised to
exclude those areas now proposed for permanent impact, as discussed in our
response to #4 (see Enclosure 4 - Revised Preservation Map).
8. The NC EEP letter you provided is for Cataloging Unit (CU) 0303007 (Northeast
Cape Fear), but your project area is in CU 0303005 (Cape Fear). Please provide an
sr-6I
acceptance letter for the correct CU or document why you are proposing to go to a
different CU.
The NC EEP acceptance letter has been corrected to reflect CU 0303005 (see
Enclosure 6 - Revised NC EEP Acceptance Letter).
9. Please provide rationale for why you believe compensatory mitigation for riparian
wetland impacts is appropriate to compensate for impacts to tributaries or modify
you compensatory mitigation proposal.
As stated in the PCN, Section B (3a), and previously submitted supporting
documentation SEGi obtained from the USACE and the DWQ, the linear features
do not exhibit characteristics of a stream. While the bottom of the features are
heavily vegetated with grasses and shrubs, they do exhibit an OHWM (e.g., water
stained leaves, sediment deposition, etc.). With that said, the "jurisdictional
ditches" function more like wetlands than tributaries, thus they do not provide the
same values and/or functions as that of tributaries or streams. Based on the
functionality and value of the features to be impacted, this office feels riparian
wetland restoration, provided by the NC EEP in CU 0303005, better replaces the
the functions lost due to the development.
10. You have include both Restrictive Covenants and the Declaration of Restrictions
models in your PCN package, please clarify which you are proposing to use. If you
are proposing one for the commercial and the other for the residential components
of the development, please include draft preservation maps of both and clarify to
which they apply.
Please accept my apology for the confusion. Restrictive Covenants are not being
proposed for this project. The remaining waters of the U.S. will be placed into
strict preservation as outlined in the previously submitted Declaration of
Restrictions Model. Please disregard the Restrictive Covenants that was
submitted previously.
11. Your preservation map indicated that all remaining waters and wetlands on site will
be preserved, but your PCN (Page 9) indicates that there are utility easements,
please clarify.
This project will not contain any utility easements. This was an error in the
application. Page 9 has been corrected (see Enclosure 2).
12. Please be aware that compensatory mitigation will be required for permanently
maintained easements [General Condition 20 (h)] in wetland.
The proposed plan does not consist of any maintained easements.
sr-6I
It is SEGi's sincere hope that the information found within and attached to this letter will satisfy
the Corps' request for additional information and the permit application will be considered
complete. However, should additional information be needed, please do not hesitate to contact
me via phone at 910.452.2711 or email at dlutheran(i?se i.us.
Thank you for your time and assistance with this project and we look forward to hearing from
you.
Sincerely,

Dana A. Lutheran
Project Manager
cc:
Ian McMillan - 401 Oversight Unit - Raleigh (2)
Ed Burnett - Soy Bean, LLC
Enclosures: J*Enclosure 1: Attachment 24 - Rapanos Forms (addendum 05/12/09)
Enclosure 2: Attachment 1 - Pre-Construction Notification (revised 05/12/09)
Enclosure 3: Attachment 12 - Site Plan and Cross Sections (revised 05/12/09)
Enclosure 4: Attachment 25 - Norris, Kuske & Tunstal Correspondence
(addendum 05/12/09)
Enclosure 5: Attachment 26 - Zoom of Lift Station (addendum 05/12/09)
Enclosure 6: Attachment 18 - Exhibit A Preservation Map (revised 05/12/09)
Enclosure 7: Attachment 17 - NC EEP Acceptance Letter (revised 05/12/09)
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Attachment 1 -Revised 5/12/09
fl?-U&S4
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1.12rocessing
1 a. Type(s) of approval sought from the
Corps: ?x Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 46 or General Permit (GP) number: NA
1c. Has the NWP or GP number been verified by the Corps? ? Yes ?D No
1d. Type(s) of approval sought from the DWQ (check all that apply): NA
? 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:

0 Yes ? No For the record only for Corps Permit:

Yes 0 No
1 f. 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. 0 Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. 0 Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes x? No
2.Project Information
2a. Name of project: Country Walk - Bell Swamp Tract
2b. County: Brunswick (#10)
2c. Nearest municipality / town: Bolivia
2d. Subdivision name: Country Walk Subdivision
2e. NCDOT only, T.I.P. or state
project no: NA
3.Owner Information
3a. Name(s) on Recorded Deed: Edwin and Marjorie Burnett (see Attachment 2)
3b. Deed Book and Page No. B: 1410 / Pgs: 0864 & 1225
3c. Responsible Party (for LLC if
applicable): Mr. Edwin Burnett
3d. Street address: 5001 O'Quinn Blvd., Unit J
3e. City, state, zip: Southport, NC 28461
3f. Telephone no.: 910.454.7300
3g. Fax no.: 910.454.7400
3h. Email address: NA
Page 1 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent 0 Other, specify: Soy Bean, LLC (see Attachment 3)
4b. Name: Mr. Edwin Burnett (Principal)
4c. Business name
(if applicable): Soy Bean, LLC
4d. Street address: 5001 O'Quinn Blvd., Unit J
4e. City, state, zip: Southport, NC 28461
4f. Telephone no.: 910.454.7300
4g. Fax no.: 910.454.7400
4h. Email address: elbiii(a,ec.rr.com
5. Agent/Consultant Information (if applicable)
5a. Name: Ms. Dana A. Lutheran (see Attachment 21)
5b. Business name
(if applicable): Southern Environmental Group, Inc. (SEGi)
5c. Street address: 5315 South College Road, Suite E
5d. City, state, zip: Wilmington, NC 28412
5e. Telephone no.: 910.452.2711
5f. Fax no.: 910.452.2899
5g. Email address: [e-mail]
B. Project Information and Prior Project History
1.Property Identification
la. Property identification no. (tax PIN or parcel ID): 11100014 & 1110001407 (see Attachment 2)
Latitude: 34.1103 Longitude: -78.1196
1 b. Site coordinates (in decimal degrees):
(see Attachment 7)
Property size: 63.11 acres
2.Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Harris Swamp (see attachment 10)
proposed project:
2b. Water Quality Classification of nearest receiving water: C; Sw (see Attachment 11)
2c. River basin: Cape Fear (Catalog M 03030007)
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 site is bordered by NC-17 to the east, Bell Swamp Connector SE (along with some residential
properties) to the north, and mostly undeveloped residential and commercial properties to the south and west.
Portions of the site have recently been logged and bush hogged (see Attachment 4).
The project site consists of three separate tracts, totaling 63.11 acres. This is not evident when referencing the
Brunswick County's GIS site, which depicts PID #'s 11100014 and 1110001407 (see Attachment 2). Parcel
11100014 will eventually be subdivided into two tracts, Tract A and Tract B, as depicted on the site plan (see
Attachment 12). The third tract (Tract C) is associated with PID# 1110001407. All three tracts are zoned as
Commercial/Office - Commercial Low Density (CO-CLD) under the Brunswick County Unified Development
Ordinance (see Attachment 13). Since Tracts A and B are part of a Planned Unit Development (PUD), rezoning
of the parcels is not necessary, as part of the purpose for the PUD ordinance is to encourage the development of
desirable, mixed-use living environments (see Attachment 19).
Brunswick County's Future Land Use Plan indicates that the area is designated for commercial use (see
Attachment 15).
A series of man-made ditches and two farm ponds, which were installed during the time the site was utilized for
agriculture and live stock farmland, are located within the project boundaries. USGS topographic maps indicate
the majority of the ditches drain toward a blue line stream, a headwater of Harris Swamp, and then to the
Lockwood Folly River (see Attachment 7). The USGS has these these ditch-like features depicted as blue line
streams on their maps. However, during two separate site visits, Chad Coburn with the DWQ, as well as Tom
Farrell with the USAGE, verified that the features did not exhibit characteristics of a stream (see Attachment 14).
Additionally, an "isolated" area of cypress swamp and two 404jurisdictional features, classified as bottomland
hardwood and cypress swamp, can be found on the northern portion of the property (see Attachments 5 and 6).
3b. List the total estimated acreage of all existing wetlands on the property:
6.29 acres (see Attachment 6)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There are no existing streams located within the project boundaries (see Attachment 14)
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct roadways and attendant features, that will support the proposed
163 lot residential subdivision, as well as a mixed-use commercial development, and meet NC DOT and
Brunswick County Planning and Zoning standard requirements (see Attachment 20).
Page 3 of 13
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
3e. Describe the overall project in detail, including the type of equipment to be used:
The Applicant's vision is to construct a low density, single family, residential subdivision on Tract A, and
mixed-use retail and office buildings on Tracts B and C. With this project, it is anticipated that the permanent
discharge of fill material into approximately 0.1106 acre and temporary disturbance of 0.04 acre of 404
jurisdictional tributaries will be necessary. The fill will facilitate the construction of the main arterial roads
(Bonner Ave. and Morris Blvd.) of the Country Walk Subdivision, as well as provide access roads to the
commercial properties (see Attachment 12). None of the proposed impacts are to occur within an area
designated as being within a flood zone (see Attachment 9).
Heavy machinery, such as backhoes, dump trucks, graders, and pavers, will be utilized during the construction
of the project. Temporary impacts are associated with the installation of culverts beneath Bonner Ave. and
Morris Blvd. (see Attachment 12). All temporary impacts will be restored to their pre-construction grade and
contour, once the work has been completed.
4.Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by
the Corps or State been requested or obtained for this
property / project (including all prior phases) in the
past?
Comments: There are Isolated and 404 jurisdictional 0 Yes ? No ? Unknown
waters and wetlands located within the property
limits. Based on two separate site visits with the
USACE and DWQ, there are no streams located
within the project boundaries (see Attachment 14).
4b. If the Corps made the jurisdictional determination, what ? preliminary Z Final
type of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Mr. Thomas Ferrel & Ms. Kim Agency/Consultant Company: SEGi
Garvey, both of the USACE, and Mr. Chad Coburn of Other: Mr. Jerry Peake
the DWQ, all verified SEGFs delineation.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
The Corps verified SEGFs delineation on 3/15/07 and assigned USACE AID # SAW-2007-00295 to the site.
However, this was about the time the Corps placed a moratorium on all new jurisdictional determinations
(JDs). SEGi submitted the final wetland boundary survey to the Corps on 03/30/07 (see Attachment 6). To
date, SEGi has yet to receive a copy of the signed JD or the signed wetland boundary survey.
For information pertaining to the Corps' and DWQ's determination of the on-site linear features, please see
Attachment 14.
5.Project History
5a. Have permits or certifications been requested or
obtained for this project (including all prior phases) in ? Yes X? No ? Unknown
the past?
5b. If yes, explain in detail according to "help file" instructions. Not Applicable
6.Future Project Plans
6a. Is this a phased project? ?X Yes ? No
6b. If yes, explain.
The proposed project will be constructed in phases, due to the fact that the project, overall, is considered a
Planned Unit Development (PUD). Please note, the Applicant has provided a preliminary layout which
depicts the proposed impacts associated with the future commercial development. Therefore, all anticipated
impacts have been accounted within this application. In the event that future impacts are required to
complete the construction of the PUD, the impacts will be requested through the appropriate agencies, and
mitigated for accordingly.
Page 4 of 13
C. Proposed Impacts Inventory
1.Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands 0 Streams - tributaries ? Buffers ? Open Waters ? Pond Construction
2.Wetland Impacts NA
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 Forested (Corps - 404, 10 Area of
Permanent (P) or wetland DWQ - non-404, other) impact
Temporary T if known acres
? PER ? Corps
W1 ? P ? T
? INT ? DWQ
2g. Total wetland impacts NA
2h. Comments:
3.Stream Impacts NA
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 Perennial Type of Average Permanent
number -Permanent name (PER) or jurisdiction stream/ Impact
(P) or Temporary (T) intermittent (Corps - 404, 10 tributary width length (LF)
(INT)? DWQ-non-404, (Ft.)
other)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total streamftributary impacts NA
3i. Comments:
4.Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S.
then individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water impact number- Name of waterbody
Permanent (P) or Temporary (if applicable) Type of impact Waterbody type Area of impact (acres)
T
01 0 P ? T Unnamed Tributary Fyll - culvert and energy Tributary 0.0116 AC / 503A SF
to Harris Creek dissipater
X
OA ? P ? T Unnamed Tributary Potential disturbance due to
Tributary
0.0025 AC / 109.71 SF
to Harris Creek implementation of culvert
X
OB ? P ? T Unnamed Tributary Potential disturbance due to
Tributary
0.0015 AC 63.47 SF
/
to Harris Creek implementation of culvert
02 0 P ? T Unnamed Tributary Fy11- culvert and energy Tributary 0.0176 AC / 76557 SF
to Harris Creek dissipater

OC ? PEI T Unnamed Tributary Potential disturbance due to
Tributary
0.0036 AC 157
11 SF
/
to Harris Creek implementation of culvert .
X
OD ? P ? T Unnamed Tributary Potential disturbance due to
Tributary
0.0023 AC / 99
86 SF
to Harris Creek implementation of culvert .
X
03 ? P ? T Unnamed Tributary FM - culvert and energy
Tributary
D.0905 AC / 3941
71 SF
to Harris Creek dissipater and roadway .
X
OE ? P ? T Unnamed Tributary Potential disturbance due to
Tributary
0.0017 AC / 74.95 SF
to Harris Creek implementation of culvert
X
OF ? P ? T Unnamed Tributary Potential disturbance due to
Tributary
0.0016 AC / 69
82 SF
to Harris Creek implementation of culvert .

OG ? P 0 T Unnamed Tributary Potential disturbance due to
to Harris Creek implementation of parking Tributary 0.0269 AC / 1,173.77 SF
area and associated curb
(See Attachment 12) 4f. Total Temporary and Permanent open water impacts: Temp: 0.0401 AC / 1,748.69 SF
Perm: 0.1196 AC / 5,210.68 SF
Page 5 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4g. Comments: Upon completion of the work performed within wetlands, temporarily impacted areas will be
restored to their pre-construction conditions.
5.Pond or Lake Construction NA
If and or lake construction proposed, then com lete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or purpose of pond Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
number Flood
Filled Excavated ed Filled Excavated Flooded
P1
P2
5f. Total NA
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes D No If yes, permit ID no:
5i. Expected pond surface area (acres): NA
5j. Size of pond watershed (acres): NA
5k. Method of construction: NA
6. Buffer Impacts (for DWQ) NA
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer
impacts below. If an 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 number -
Permanent (P) or Reason for impact Buffer Zone 1 impact Zone 2 impact
Temporary (T) Stream mitigation (square feet) (square feet)
name required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts NA
6i. Comments:
Page 6 of 13
D. Impact Justification and Mitigation
1.Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional features, associated with the Country Walk Subdivision, cannot be avoided altogether,
as the configuration of the on-site features, and Brunswick County's setbacks and interconnectivity requirements,
prohibit this alternative. However, from the onset of this project, the Applicant has considered the impacts the
development may have on the natural resources, and has worked with the engineer to minimize those impacts as
much as possible. This was accomplished by redesigning the subdivision's roads and infrastructure, as well as
revising the stormwater management plans (see Attachment 16). Originally, the impacts associated with the
development of the subdivision, attendant features and commercial properties were over 0.50 acre. The current
configuration of the project will require 0.1106 acre of permanent fill. Additionally, the developer avoided
impacts to the more valuable wetland complexes (i.e., bottomland hardwood forest and cypress swamp) located
within the project boundaries.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques.
Stormwater and sediment and erosion control best management practices will be in utilized during and after
construction.
2.Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation O Yes ? No
for impacts to Waters of the U.S. or Waters of the
State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ?X Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this ?X Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3.Complete if Using a Mitigation Bank Not Applicable
3a. Name of Mitigation Bank: Not Applicable
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 7 of 13
PCN Form - Version 1.3 December 10, 2008 Version
Proposed Compensatorv Mitigation
The proposed mitigation plan has been developed to offset permanent and temporal losses of 0.1106 acre of
riparian wetlands and their functions, which may result due to the proposed construction of the mixed-use
development. Based on site evaluation performed by SEGi, permittee-responsible mitigation is not a viable
option on this site. Therefore, the Applicant intends to utilize a combination of compensatory mitigation
components, which consist of payment to the NC EEP for 0.25 acre of riparian mitigation credit and the strict
preservation of the remaining on-site, non-riparian, riparian and isolated wetlands (see Attachments 17 and 18).
In addition, strict stormwater management and sediment and erosion control mechanisms will be implemented,
prior to impacting jurisdictional features.
The mitigation plan should guarantee that the Corps' "no net loss of wetlands" policy is adhered to, as well as
ensure that the temporal losses of function of the aquatic resources are minimized to the greatest extent possible.
NC EEP
Pursuant to the Army Corps of Engineer's new rules regarding Compensatory Mitigation for Losses of
Aquatic Functions, baseline information regarding the impact sites, as well as the determination of credits,
will be the only two of the twelve components of mitigation discussed with regard to NC EEP:
BASELINE INFORMATION: Areas to be impacted had indicators of hydrology that included a
prevalence of species with an indicator status that was wetter than facultative, and hydrolic soils.
Vegetation in these areas include Nyssa sylvatica, flex opaca, Persea barbonia, Cyrilla racemiflora, and
Scirpus. The underlain soil types, Baymeade fine sand (BaB), Goldsboro fine sandy loam (GoA),
Lynchburg fine sandy loam (Ly) and Rains find sandy loam (Ra), have all been mapped in the USDA
Brunswick County Soil Survey (1986) (see Attachment 8). The BaB series is a well drained soil found on
low ridges and in complex divides. The GoA soil series is a moderately well drained soil near
drainageways on interstream divides. The Ly soil series is a nearly level, somewhat poorly drained soil in
interstream areas. The Ra soil series is a nearly level, poorly drained soil on broad smooth interstream
areas. All four soil types, found within the project boundaries, are listed in the "NC Hydric Soils List"
publication (see Attachment 22).
• DETERMINATION OF CREDITS: Mitigation is offered at a 2:1 ratio for riparian wetland impacts (see
Attachment 17). Acceptance has been granted from NC EEP. The proposed 2:1 ratio is sufficient to
offset the impacts associated with the development and ensures the project is adhering to the Corps' "no
net loss of wetlands" policy.
PRESERVATION:
In accordance with the Corps' new Compensatory Mitigation rules, the twelve components of mitigation will
be discussed, with regard to the proposed preservation area:
OBJECTIVES: Preservation is a mechanism utilized by the Corps, which protects remaining on-site
wetlands in perpetuity by using appropriate restrictions or covenants. These restrictions prohibit
harmful activities that might otherwise jeopardize the purpose and function of remaining wetlands.
These restrictions include: no filling; no grading; no construction of walkways, roads, etc.; no activities
which may alter on-site drainage patterns; and, no alteration of vegetation on the property (see
Attachment 18). Preservation of this land will provide significant resource protection of Bell Swamp,
Harris Swamp, the Lockwood Folly River and the Cape Fear River Drainage Basin. The preservation
easement will be designed to ensure perpetual protection of the wetlands will be binding to the property.
SITE SELECTION: The eastern portion of Brunswick County is being developed quickly with
residential subdivisions and commercial shopping centers, which increases the need to protect wetlands.
The features, to be protected, exhibit characteristics of high value wetlands (e.g., bottomland hardwood
forest and cypress swamp) and low value tributaries.
Page 8 of 13
• BASELINE INFORMATION: As discussed previously, the wetland types found within the proposed
preservation area consist of. bottomland hardwood forest and cypress swamp. Each perform their own
functions (e.g., erosion control, flood storage, pollutant removal, and providing habitat).
• DETERMINATION OF CREDITS: The ratio of preservation is limited by the remaining wetlands
within the project boundaries, proposed.
omitting those areas where utility line easentents are
• MITIGATION WORK PLAN: The mitigation area includes all the remaining wetlands within the
property boundaries. As the Applicant is offering preservation, not restoration, enhancement or
establishment, the remaining information requested in this section is not applicable to the mitigation
offer proposed for this project.
• MAINTENANCE PLAN: A maintenance plan is not required for preservation, as the preservation
mechanism, to be recorded in the Brunswick County Register of Deeds, will ensure the wetlands remain
in their natural condition.
• PERFORMANCE STANDARDS: The performance standards have been included in the preservation
mechanism. Adherence to the restrictions, covenants and conditions within the preservation mechanism
will ensure the compensatory mitigation area is achieving its objectives.
• MONITORING REQUIREMENTS: Visual inspection of the preservation area will be sufficient to
determine if the components of the model declaration of restrictions are being adhered to. The
preservation mechanism allows for the "Corps, its employees and agents and its successors and assigns,
[to] have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation Declaration". Thus, the Corps
has the right to enter the property and perform a compliance inspection of the preservation area.
• LONG-TERM MANAGEMENT PLAN: The recordation of the model declarations of restrictions will
serve as the long-term management plan. According to the preservation mechanism, "This Declaration is
intended to ensure continued compliance with the mitigation conditions of authorizations issued by the
United States of America, US Army Corps of Engineers, Wilmington District, and therefore may be
enforced by the United States of America. This covenant is to run with the land and shall be binding on
all parties and persons claiming under the Declarant."
• ADAPTIVE MANAGEMENT PLAN: An adaptive management plan should not be necessary for the
proposed preservation area. The Applicant anticipates the preservation area will succeed, as the methods
of protection put into place, namely, recordation of the preservation mechanism, will ensure perpetual
preservation of the remaining on-site wetlands. If the District Engineer determines that a deficiency has
arisen in the preservation area, then steps will be taken to remediate the situation, either restoration of
the resource or payment to the NC EEP in an amount sufficient to off-set the deficient preservation area.
Remediation, on behalf of the Applicant, will occur only in the event that man-made activities, that take
place within the property boundaries, cause the decline in function of the systems being preserved.
• FINANCIAL ASSURANCES: Financial assurances should not be necessary for the proposed
preservation area. The preservation mechanism, recorded with the Brunswick County Register of Deeds,
should provide a high level of confidence that the mitigation area will be preserved in perpetuity.
In summary, in order to offset the 0.1106 acre of impacts to 404 jurisdictional waters associated with the
development, the Applicant is proposing to make payment to the NC EEP for 0.25 acre of riparian wetland
mitigation credit and the preservation of all remaining non-riparian, riparian and isolated wetlands.
4.Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ?D Yes
4b. Stream mitigation requested: NA
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
Page 9 of 13
4d. Buffer mitigation requested (DWQ only): NA
4e. Riparian wetland mitigation requested: 0.25 acre
4f. Non-riparian wetland mitigation requested: NA
4g. Coastal (tidal) wetland mitigation requested: NA
4h. Comments:
5.Complete if Using a Permittee Responsible Mitigation Plan Not Applicable
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6.Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ Not Applicable
6a. Will the project result in an impact within a protected riparian buffer that
requires buffer mitigation? ? Yes ?x 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: NA
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 10 of 13
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ?D 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: Not Applicable
2.Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? < 25.0%
2b. Does this project require a Stormwater Management Plan? ?x Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the
plan:
The proposed subdivision is a low density project. Total impervious area must not exceed 25 %, and the
stormwater management plan will be required to provide pre- and post-construction runoff control of
stormwater for a 10 year storm event. At this time, the stormwater plan is being prepared for permitting.
D 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
3a. In which local government's jurisdiction is this project? Brunswick County
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
D Other: UDO
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs ? ORW
apply (check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes 0 No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ED Yes ? No
Page 11 of 13
PCN Form - Version 1.3 December 10, 2008 Version
5b. Have all of the 401 Unit submittal requirements been met? ?x Yes ? No
F. Supplementary Information
1.Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or ? Yes ?X No
the use of public (federal/state) land?
1 b. 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)?
1 c. 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:
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 ? Yes 0 No
Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes 0 No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts)
result in additional development, which could impact nearby downstream ? Yes ?D No
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.
The proposed development will not open up adjacent lands for development, as the surrounding land is
accessible from main roads without having to utilize this project site. Should unforeseen impact(s) be
necessary, a modification to this permit will be obtained from the USACE, and if required the DWQ, prior to
the impact(s) taking place. In addition, strict adherence to the appropriate stormwater and erosion control
best management practices, which are shown to reduce potential impacts to downstream receiving waters,
will be monitored as required.
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.
Wastewater treatment will be provided by Brunswick County.
5.Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species ? Yes No
or habitat?
Page 12 of 13
5b. Have you checked with the USFWS concerning Endangered Species X? Yes ? No
Act impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
Mr. John Ellis ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or
Designated Critical Habitat?
The Natural Heritage Program Website (see Attachment 21), communication with USFWS, and site evaluation,
were all sources used to indicate that the project site will not impact Endangered Species or Designated Critical
Habitat.
6.Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish ? Yes © No
habitat?
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat (EFH)?
Primary Nursery Areas are state designated waters and are, by definition, considered EFH. Therefore, SEGi
referred to the Division of Marine Fisheries' "Primary Nursery Area" maps. According to the maps, the
subject area is not referenced as being within an EFH. Additionally, the tributary features on the property
are intermittent and are incapable of providing fish habitat. The ponds may be able to support fish species,
such as brem and catfish, but are not considered EFH.
7.Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes X 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 archaeological
resources?
Site evaluation performed by SEGi staff confirmed there are no existing structures within the property
boundaries.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes X? No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Brunswick County GIS
Dana A. Lutheran
7
?ew -

March 17.2009

Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the
applicant is provided.)
Page 13 of 13
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R f chr?ev?¢ zs (add4_4? sylZlo9)
Hi Dana,
Attached are the revised sheets. Please see my comments below
Feel free to discuss if needed
Thanks,
Jody Bland
NORRIS, KUSKE&TUNSTALL
CONSULTING ENGINEERS. INC.
Wilmington Office - 910-343-9653
Brunswick Office - 910-287-5900
Mobile - 910-512-8148
From: Dana Lutheran [mailto:[e-mail]]
Sent: Tuesday, April 14, 2009 3:21 PM
To: Dean Blackmon; Jody Bland
Cc: Ed Burnett
Subject: USACE Request for Additional Info
Dean/Jody,
We received the Corps' RFAI. A couple of things I will need from you guys:
• Are rip-rap dissipaters necessary at the two road crossings? If no, please compose separate email stating that. If so, please include in the impacts. Energy dissipaters
have been placed on the downstream side of the pipe crossings The impact table has been updated to reflect this change
• Please provide additional information and a more detailed drawing of the proposed lift station indicating and illustrating how it is to be built without impacting wetlands.
Atypical Brunswick County layout sheet has been included for illustrative purposes. It will be a 40' x 40' square and we will site the wet well on the far side away from the
ditch ..aka wetlands. No impact will be necessary to install this lift station in its present location.
• The preservation map includes wetlands that are proposed to be impacted (Area 3 near south side of the road crossing - see attached). Please revise. Dean and I took
a look at the area you have indicated. It is currently correct. We have shown the area of preservation to include the specified temporary impact in that location. It may be
the fact that the scale of the preservation drawing makes it a little hard to read.
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Ecosystem
PROGRAM
April 23, 2009
Mr. Ed Burnette
Edwin and Marjorie Burnette
5001 O'Quinn Blvd., Unit J
Wilmington, NC 28461
Project: Country Walk Subdivision
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Expiration of Acceptance: January 23, 2010
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. You must also comply with all other state, federal or local
government permits, regulations or authorizations associated with the proposed activity including SL 2008-152• An Act to Promote
Compensatgry Mitigation by Private Mitigation Banks.
This acceptance is valid for nine 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 following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer 1
(Sq. Ft.) Buffer 11
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030005 0 0 0 0.12 0 0 0 0
Credits Cape Fear 03030005 0 0 0 0.24 0 0 0 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 Valerie Mitchener at [phone].
Sincerely,
illiam . Gilmore, PE
Director
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cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
Dana Lutheran, agent
File
Restori>Gt?... E ... Prot", our State,
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net