20050805 Ver 1_COMPLETE FILE_20050509

WAr?9Q
?O G
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 25, 2006
Jeff Smerko
Seaside Road, LLC
105 Quail Ridge Rd.
Wilmington, NC 28409
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 050805
Brunswick County
SUBJECT: Approval of 401 Water Quality Certification with Additional Conditions
Fill 0.394 ac. Of Waters of the US
Sunset Ridge Subdivision
Dear Mr. Smerko:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.394 acres of Waters of the US at the subject property, as described within your revised
application dated December 30, 2005 and received by the N.C. Division of Water Quality (DWQ)
Wilmington regional office on January 12, 2006 and additional information received on January 24, 2006.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3402 (GC3402). This Certification can also be found on line at:
htip://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification # 3402 allows you to use Nationwide
Permit 39 and Nationwide Permit 43 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and NPDES Stormwater regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following permanent wetland impacts (waters of the US) are hereby approved as long as all
of the other specific and general conditions of this Certification are met. No other impacts are
approved including incidental impacts:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicet-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolin
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper vVaturatlif
i
Page Two
Jeff Smerko
Seaside Road, LLC
MVQ Project = 05005
Janua.--y 25, 2006
4. DENT y _j ,
} Amount Approved (Units) Plan Location or Reference
} Stream N/A (feet)
} Isolated Wetlands ? NIA (acres)
} 404 Wetlands N/A (acres)
( Waters 0.394 (acres) Site plan 12/05
Buffers \?/A (square ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
Governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Alanual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-o«ned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface .'timing Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures xv/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 tiiail Service Center, Raleigh, NC, 27699-1650.

Page Three
Jeff Smerko
Seaside Road, LLC
DWQ Project # 050805
January 25, 2006
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Please read the conditions associated with General Certification # 3402 (enclosed) and if you do not
accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #050805 under Section 401 of the Clean Water Act. If
you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Sincerely,
Alan W. Klimek, P.E.
Enclosures: GC 3402
Certificate of Completion
cc: Kim Williams - Land Management
Ian McMillan - 4010versight/Express Review Permitting Unit
Tom Farrell - USACE Wilmington Regulatory Field Office
WiRO
Central Files
401 Project
Subject: 401 Project
From: Patricia Collins <[e-mail]>
Date: Thu, 26 Jan 2006 16:06:27 -0500
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>
The following project was issued a 401WQC w/Additional Conditions on 01/25/2006:
Sunset Ridge c/o Jeff Smerko Seaside Road LLC, Brunswick County
Thanks
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
;Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
I of 1 1/26/2006 4:09 PM

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January 20, 2006
Ylwm: 990-452-0001
9ax:9-J0-452-0060
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Additional Information for Sunset Ridge S/D• DWQ# 05-080
Brunswick County, NC
Dear Joanne:
Enclosed is the draft deed notification and associated map for the Sunset Ridge Subdivision, as
requested in your January 17, 2006 letter. Please contact me if you have any questions. Thank you for your
assistance with this project.
r
Sincerely,
Kim Williams
Wetland Scientist
Encl.
Cc: li Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE
'tan' 20 06 02:33p Jeff Smerko
Date: January 2006
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
910-397-8751 p.2
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded in the
Brunswick County Registry prior to the conveyance of lots. Said Deed Notification shall apply to S nset Rid e
Subdivision in those open space or common areas as shown on the "Sunset Ridge Site Plan" , prepared by
Withers & Ravenel, dated December, 2005, a copy of which is attached hereto as "Exhibit A":
"A portion of this lot has been determined to meet the requirements for designation as a
wetland, stream or protected stream buffer. Any subsequent fill or alteration of this area shall
conform to the requirements of the state rules adopted by the State of North Carolina in force
at the time of the proposed alteration. The intent of this provision is to prevent additional
wetland, stream or buffer filling or draining, so the property owner should not assume that a
future application for filling or draining would be approved. The property owner shall report
the name of the subdivision in any application pertaining to said rules. This covenant is
intended to ensure continued compliance with all rules adopted by the State of North Carolina
and therefore the State of North Carolina may enforce benefits. This covenant is to run with
the land and shall be binding on all Parties and all persons claiming under them."
Signature:
Owner's name:.
Address:
City, State, Zip Code:
Phone Number.
Seaside Road LLC
By: Five Star Development of NC, Inc.. Manager
By
J ,Press t
14600 Weston Parkway, Suite 300
Cary, NC 27513
(919) 6784=0
A
i=
Exhibit A: Areas Placed under the Deed Notification within the Sunset Ridge :Subdivision
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?QF WAT?c9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
> H Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 17, 2006
CERTIFIED MAIL: 7004 2890 0002 3418 0640
RETURN RECEIPT REQUESTED
Jeff Smerko
Seaside Road, LLC
105 Quail Ridge Rd.
Wilmington, NC 28409
Dear Mr. Smerko:
0 , n
ff3
JAN 1 9 2066
SUBJECT: PROJECT ON HOLIS ?f?I '? ??'?O ?iC?:#,?iknTE(3 E}1ghdCH
ADDITIONAL INFORMATION
Sunset Ridge Subdivision
DWQ Project # 05-0805
Brunswick County
On January 12, 2006, the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO)
received your application dated December 30, 2005 from Central Office to review for the Division of Water Quality
(DWQ) impacts/concerns. DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to process your application
for potential impacts of protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a draft copy of the preservation language, restrictive covenants, deed restrictions, deed
notifications or preservation language (if required by the Corps) that will protect the remaining
wetlands on the property from impacts. (The printed copy of the "Sample deed notification" off our
website is not sufficient to fulfill this requirement. Information in the notification needs to be filled out
specifically for the subdivision to be permitted.)
Please respond in writing within three weeks of the date of this letter by sending a copy of the information
to Joanne Steenhuis and to Ian McMillian, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-226. If we do not hear from you within three weeks, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel
free to call me at [phone].
Sincerely,
tanneSteenhuis
Environmental Specialist III
Sari - d nv?rcig it I1nit
cc: Q-0 A 161
Tom Farrell - Corps of Engineers Wilmington
Kim Williams - Agent
W iRO
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 798 -7215 Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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June 13, 2005
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Sunset Ridge S/D; Brunswick County, NC
DWQ# 05-0805
Dear Joanne:
Aw": 970-452-0004
Sax: 940-452-0060
t??a.??i.net
We received your letter dated June 9, 2005, in which you request additional project
information. We are in the process of gathering this information and will forward it to your office
as soon as it is compiled. In the meantime, please do not withdraw the 401 Water Quality
Certification application.
Thank you for your assistance with this project.
Sincerel/y,?
I"L W
Kim Williams
Wetland Scientist
Cc: Ms. Cyndi Karoly, DWQ
Mr. Jeff Smerko
log Te I
JUN 2 u 2005
DENR - WATEP 01J BRANCH
WERANDS ANQ STS'.:
god lj6ice Xox 2522
V"IA &4dii a 28402
2or,y ?cl ???e 944 9-10-452-000-1
3805 ??ti?vfYtille ??ueycaae ?u??e -15 Sax: 9-10-452-0060
9XI,mircytaa, X 28403 c?u?tm.?in?iaufzaze
December 30, 2005
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension Q?, D
Wilmington, NC 28405
RE: Additional Information for Sunset Ridge S/D; DWQ# 05-08 5 JAN 9 -?U6
Brunswick County, NC
??o? rip st"?rtv??s?
Dear Joanne:
Thank you for your letter dated June 9, 2005, in which you request additional information for the
Sunset Ridge Subdivision Project. Since that time, the applicant has been working diligently to redesign the
plan to avoid impacts to the large pond within the site and to address stormwater concerns. Below is a
response to each of your comments.
1. Please provide a copy of the redesigned subdivision to include the necessary revised stormwater
conveyances and requirements due to the Subdivision draining to SA waters.
The applicant and his engineers have worked with DWQ to address regulations regarding SA waters.
The revised site plan (enclosed) has met DWQ approval regarding stormwater and a stormwater permit
has been issued.
2. Please show that all lots will be buildable without additional impacts to wetlands If impacts to
wetlands will be required, you need to modify your existing 4011404 permit application with the
Division of Water Quality and the US Army Corps of Engineers.
All proposed impacts to wetlands and/or waters of the U. S. are enclosed on the site plan. Although the
applicant is proposing to fill almost all of the ditches within the site, only some sections of the ditches
have been classified as Waters of the U. S. by the Corps. Only those jurisdictional sections have been
tabulated within the permit application. The two small wetland pockets within the site will not be
disturbed and are located within designated common area.
3. Please include a draft copy of the preservation language, restrictive covenants, deed restrictions or
deed notifications that will protect the remaining wetlands on the property from impacts.
The applicant will place deed notifications on the remaining wetland pockets that will follow the
standard DWQ language (enclosed).
4. Please show profile views (to scale) of the impacts proposed to wetlandsfwaters.
Typical cross sections of the Waters of the U. S. to be disturbed (filled and excavated) are enclosed.
Enclosed are the revised site plan drawings and a revised PCN form. Please contact me ifyou have any
,questions. Thank you for your assistance with this project.
Sincerely,1
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE
i
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(Tf nnv mrtirii1sr item is not annlicable to this nroiect_ 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
I.
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39; GC 3402
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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), R r= ? n
D
II.
Applicant Information
JAN :9 -, 2006
Owner/Applicant Information DVNR • WINT Er"I QUAL1 lY
WETWO1 MD sTOr±w,?r? 4WIclt
Name: Mr. Jeff Smerko
Mailing Address: Seaside Road LLC
105 Quail Ridge Road
Wilmington, NC 28409
Telephone Number: [phone] 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: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsnlmgroup.net
Page 5 of 12
I, I
r
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The, specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the .
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 24200001
4. Location
County: Brunswick Nearest Town: Sunset Beach
Subdivision name (include phase/lot number): Sunset Ridge
Directions to site (include road numbers, landmarks, etc.): From Wilmington, US 17 south
to Grissetown. Left onto NC 904 (south)_ paste intersection of NC 179. Straight for
5. Site coordinates, if available (UTM or Lat/Long): 33.9118°N 78.4826°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 148.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Calabash Creek
8. River Basin: Lumber•River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.sthte.ne.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: Adjacent land use is residential or undeveloped. The property
currently is undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with 446 lots. The applicant will initially complete
grading and fill ditches Planned roads and stormwater conveyances will be constructed.
Infrastructure such as water will then be installed. Finally, lots will be sold for individual
development
11. Explain the purpose of the proposed work: To build a residential subdivision within the tract.
IV. Prior Project History
If jurisdictional determinations and/or. permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued ' or withdrawn. Provide .photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc. Mr. Tom Farrell of the
U.S. Army Corps of Engineers reviewed the line and then signed the wetland survey on 12/22/04
(Action ID9 200500323).
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 additional permit requests are anticipated for this 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan.. All wetlands and waters,, and all streams (intermittent and perennial) must 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:
The applicant proposes to impact 0.394 acre of Waters of the U.S.; 0.159 ac will be filled to
construct roads and house pads and 0.235 ac will be excavated to construct stormwater ponds.
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma) acres) (yes/no) linear feet
1 Fill 0.024 No 300 Waters of the U.S.
2 Excavation 0.017 No 300 Waters of the U.S.
(stormwater)
3 Fill 0.016 No 350 Waters of the U.S.
4 Fill 0.039 No 150 Waters of the U.S.

5 Excavation
0.138
No
150
Waters of the U.S.
(stormwater)
6 Excavation 0.060 No 900 Waters of the U.S.
(stormwater)
7 Fill 0.029 No 2000 Waters of the U.S.
8 Fill 0.029 No 1500 Waters of the U.S.
9 Excavation 0.020 No 1500 Waters of the U.S.
(stormwater)
10 Fill 0.022 No 2400 Waters of the U.S.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved.local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.aov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre of 404
wetlands; 3.18 acres of Waters of the U.S.
Total area of wetland impact proposed: 0.394 acre of Waters of the U.S. (no wetland
impacts
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
i Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please sec' )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8of12
www.usgs.co_v. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com.
www.mgguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): excavation of uplands and Waters of the U.S. ditches
Proposed use or purpose of pond (e. g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Size. of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant has taken ereatcare in the site design in'order to avoid 404 wetlands. It should be
noted that proposed impacts are to ditches were dummy ergo and have since been
classified as Waters of the U.S. The ditches criss-cross the property and developing the site
around them would be difficult. Therefore, the. applicant wishes to fill the ditches. Additionally,
some ditches will be excavated to construct stomwater ponds. The applicant has redesigned the
site plan to avoid impacts to the large pond within the property that has been classified as Waters
of the U.S.
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including. size and type of proposed impact and function and relative value of the. impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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.ne.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach'directions
and/or map, if offsite), affected. stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to buy into the EEP for the restoration of 0.5 acre of non-riparian
wetlands.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.6nr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): 0.5 acre
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant. to the
requirements of the National or.North Carolina Environmental Policy-Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
.Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V.
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
0 150 300 600
SCALE 1"= 300'
- - Ditches (to be filled)
- Waters of the U.S.
Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWP 43)
?+ 9
404 Wetlands
Open Space
SUNSET RIDGE
Seaside Road, LLC
Site plan showing proposed
impacts to Waters of the U.S.
Site design by:
DECEMBER 2005 WITHERS & RAVENEL
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
X1. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the site. Total proposed impervious cover will
consist of up to 446 homes with driveways and 40' wide road right-of-ways. This would be
approximately 45% of the entire site. The applicant will install silt fencing around the
construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with
an annual Qrass to prevent temporary erosion. A stormwater plan is being developed for the site.
XH. 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.
This subdivision will tie into the local sewer system.
XHL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes Q No
Is this an after-the-fact permit application?
Yes EJ No
I
XIV. 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).
C U A---L IZ-bo /0 -5
Applicant/Agent's Signature Date'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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77
WITHERS &, RAVEN
Grcup Inc.
'.'::j 2005; revised December 2005 Lond Mcneye.^ent
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WITHERS & RAVENEL
rtlay 2005; revised December 2005 Land IAonogemenl Group, Inc.
SCALE 1 = 100
0+8'
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i
--- Current elevation
- New elevation
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Vertical: 1" = 4'
NOTE: Depth of stormwater ponds to be determined by project engineer.
Sunset Ridge Land Management Group, Inc. Typical cross section
Seaside Road LLC Environmental Consultants of ditch (Waters of the U.S.)
Brunswick County, NC Wilmington, NC To be filled and excavated.
December 2005
Typical Ditch Filling
Date:
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by.
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature:
Owner's name:
Address:
City, State, Zip Code:
Phone Number:

bzt 611tee Xox 2522
50
? tmm
y", 4141h'ea4okna28402
%tenet' Xi"RCA 0111,16 9,61C
3805 ))hialz&,Ne dvenae gale -15
(N lminykn, "28403
TO: Ms. Joanne Steenhuis
December 30, 2005
Yli"W: 9-J0-452-0001
?Fax:[phone].
vmcrcce.lim?2¢c?.?ae?
Division of Water Quality
127 Cardinal Drive Extension
i? Wilmington, NC 28405
RE: Additional Information for Sunset Ridge S/D, • DWQ# 05-0805 L5
Brunswick County, NC JAN 9 -.2006
GENK - WATEF< QUAL?
WET1AtVCSAFJDSTO{iMWATER L;t ;•r`dCH
Dear Joanne:
Thank you for your letter dated June 9, 2005, in which you request additional information for the
Sunset Ridge Subdivision Project. Since that time, the applicant has been working diligently to redesign the
plan to avoid impacts to the large pond within the site and to address stormwater concerns. Below is a
response to each of your comments.
1. Please provide a copy of the redesigned subdivision to include the necessary revised stormwater
conveyances and requirements due to the Subdivision draining to SA waters.
The applicant and his engineers have worked with DWQ to address regulations regarding SA waters.
The revised site plan (enclosed) has met DWQ approval regarding stormwater and a stormwater permit
has been issued.
2. Please show that all lots will be buildable without additional impacts to wetlands. If impacts to
wetlands will be required, you need to modify your existing 4011404 permit application with the
Division of Water Quality and the US Army Corps of Engineers.
All proposed impacts to wetlands and/or waters ofthe U. S. are enclosed on the site plan. Although the
applicant is proposing to fill almost all of the ditches within the site, only some sections of the ditches
have been classified as Waters of the U. S. by the Corps. Only those jurisdictional sections have been
tabulated within the permit application. The two small wetland pockets within the site will not be
disturbed and are located within designated common area.
3. Please include a draft copy of the preservation language, restrictive covenants, deed restrictions or
deed notifications that will protect the remaining wetlands on the property from impacts.
The applicant will place deed notifications on the remaining wetland pockets that will follow the
standard DWQ language (enclosed).
f
4. Please show profile views (to scale) of the impacts proposed to wetlandsfwaters.
Typical cross sections of the Waters of the U. S. to be disturbed (filled and excavated) are enclosed.
Enclosed are the revised site plan drawings and a revised PCN form. Please contact me if you have any
questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE
R
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A°.)
I. Processing
I.; Check all of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39: GC 3402
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
H. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address:
R[2/;:N[R0WLg
`:J
JAN .9-7.2006
105 Quail Ridge Road Wilmington, NC 28409
Telephone Number: [phone] 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: Ms. Kim Williams "
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsg1mgroup.net
i _.
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The. specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
j so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than. 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 24200001
4. Location
County: Brunswick Nearest Town: Sunset Beach
Subdivision name (include phase/lot number): Sunset Ridge
Directions to site (include road numbers, landmarks, etc.): From Wilmington, US 17 south
to Grissetown. Left onto NC 904 (south) past` intersection of NC 179. Strai hg t for
approximately 0.5 mile. Site will be on the left (see vicinity map):
5. Site coordinates, if available (UTM or Lat/Long): 33.9118°N 78.4826°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 148.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Calabash Creek
8. River Basin: LumberRiver Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.sthte.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: Adjacent land use is residential or undeveloped. The property
currently is undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with 446 lots. The applicant will initially complete
grading and fill ditches Planned roads and stormwater conveyances will be constructed.
Infrastructure such as water will then be installed. Finally, lots will be sold for individual
development
11. Explain the purpose of the proposed work: To build a residential subdivision within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued ' or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc. Mr. Tom Farrell of the
U.S. Army Corps of Engineers reviewed the line and then signed the wetland survey on 12/22/04
(Action ID# 200500323
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 additional permit requests are anticipated for this 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
The applicant proposes to impact 0.394 acre of Waters of the U.S.; 0.159 ac will be filled to
construct roads and house pads and 0.235 ac will be excavated to construct stormwater ponds.
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) acres es/no linear feet)
1 Fill 0.024 No 300 Waters of the U.S.
2 Excavation 0.017 No 300 Waters of the U.S.
(stormwater)
3 Fill 0.016 No 350 Waters of the U.S.
4 Fill 0.039 No 150 Waters of the U.S.
5 Excavation 0.138 No 150 Waters of the U.S.
(stormwater)
6 Excavation 0.060 No 900 Waters of the U.S.
(stormwater)
7 Fill 0.029 No 2000 Waters of the U.S.
8 Fill 0.029 No 1500 Waters of the U.S.
9 Excavation 0.020 No 1500 Waters of the U.S.
(stormwater)
10 Fill 0.022 No 2400 Waters of the U.S.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre of 404
wetlands-, 3.18 acres of Waters of the U.S.
Total area of wetland impact proposed: 0.394 acre of Waters of the U.S. (no wetland
impacts)
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet)
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8 of 12
www.usjzs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mgguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each-impact separately and identify temporary impacts. Impacts include, but are not limited to: nu, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): excavation of uplands and Waters of the U.S. ditches
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Size. of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The annlicant has taken Treat care in the site design in order to avoid 404 wetlands. It should be
classified as Waters of the U.S. The ditches criss-cross the property and developing the site
around them would be difficult. Therefore the.ap-licant wishes to fill the ditches. Additionally,
some ditches will be excavated to construct stomwater ponds. The applicant has redesigned the
site plan to avoid impacts to the large pond within the property that has been classified as Waters
of the U.S.
Page 9 of 12
0 150 300 600
SCALE 1"= 300'
- - Ditches (to be filled)
- Waters of the U.S.
Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWP 43)
?+ 9
404 Wetlands
Open Space
SUNSET RIDGE
Seaside Road, LLC
Site plan showing proposed
impacts to Waters of the U.S.
Site design by:
DECEMBER 2005 WITHERS & RAVENEL
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors .
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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/stnngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach'directions
and/or map, if offsite), affected. stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is `needed.
The applicant Dronoses to buv into the EEP for the restoration of 0.5 acre of non-rit)arian
wetlands.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.6nr.state.nc.us/wry/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): 0.5 acre
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy' Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* (s uImpct are feet) Multiplier _ MiRequired
tigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
N/A
X1. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect, surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the site. Total proposed impervious cover will
consist of up to 446 homes with driveways and 40' wide road right-of-ways. This would be
approximately 45% of the entire site. The applicant will install silt fencing around the
construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with
an annual grass to prevent temporary erosion A stormwater plan is being developed for the site.
XIL Sewage Disposal (required by DWQ)
I
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.
This subdivision will tie into the local sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H..0500) or any Buffer Rules?
Yes 0 No
Is this an after-the-fact permit application?
Yes El No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to' list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
lz 30 0 5
Applicant/Agent's Signature D1ate'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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CENTERLINE - ? -
- - Ditches
-,Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWF
404 Wetlands
VIJ Open Space
0 50 100 200
SCALE I"= 100
43)
SUNSET RIDGE
Proposed impact ,#6.
WITHERS & RAVENEL
May 2005; revised December 2005 Land Monayement Group, Inc.
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Impact #7
(NWP 39: 1280 sf)
i
WATERS _QF_.US

LOT $246
Ditch t
____ notjuri
LOT J245
LOT J244
LOT J298
L0? ?299
LOT J234
{
LOT 8243
{ { L07 X242
q
LOT 1241
1 1 ?
1 t 1 •1
i
11 {, O LOT #240
{ 11 {
Impact #8 `
{ .t II
(NWP 39:1260 sf)
WATERS OF
1
Of 4' WIDE DITCH
CENTERLINE
'1? Imp?ac#?
( NWP 43,90
_ I
1 I ??
POND
LOT 1235
{
o
C7? LOT #2
i
\ \ LOT
\ \
L07 fj239 \ \
- - Ditches
Proposed impacts to Waters of the U.S. (N`r`JP 39)
Proposed impacts to Waters of the U.S. (N•1dP 43;
404 Wetlands
Open Space
0 50 100 200
I
SCALE 1"= 100'
SUNSET RIDGE I
Proposed impacts #7, #8, and j/9.
WITHERS & RAVENEL
U:cy 2005; reused December 2005 Land Monogement Group, Inc.
!. 12• w1OF DITCH /
• CENTERLINE OF
EINE OF 12'
nEOEDITCH ?- ?- / - • \•..
Cc uw RT 3' DMETER
WIDE PITCH 9
7ERUNE OF 8'
CEN LOT JJ39
DIAMEi
LOT #38
LOT X37
.?? LOT #74
v
LOT J15 L07 {T16 LOT #36 j
LOT Jf 13 0
`I
LOT 7 J
_ LoT"i8 I1`
3:N
V-t LOT Jt2__
Lil' } r i
k-
r
S Z /lf
LOT #19
w v \ / LOT gs
•r
LOT 11
z LGe f!7 \ Y 1 7
N IL - LOT #9 /• I
Ditch. to be fill d LOT #35
(not risdictio al) L°T6
`\\ LOT #34
,•t LOT. J10
LOT #5 LOT 33
LOT y'4 F/ LOT #27
LOT #26 •i
LOT J3
LOT b2 / r •)
t •LOT 1
?Q? j.•? ?, LOT #28
LOT X25
G??qE. /??? •'? LOT 624 L07 129 L07 J/30
LOT #23
- - Ditches
i
Proposed impacts to Waters of the U.S. (NWP 39) r
Proposed impacts to Waters of the U.S. (NWP
404 Wetlands
ll Open Space
0 51 0 100 200
}? 1 v
SUNSET RIDGE
Proposed impact # 10.
WITHERS & RAVENEL
klay 2005; revised December 2005 L.anc! Management Group, Inc.
SCALE i = 100

0+8'
0+4'
0+0'
0+0' 0+4'
0+8'
0+4' 1
Typical Ditch Filling
0+8' 0+12' 0+16' 0+20'
Typical Ditch Excavation
/be ted / Ar to be
stormwater pond
0+0'
0+0' 0+4' 0+8' 0+12' 0+16' 0+20'
--- Current elevation
- New elevation
i
Horizontal: I"= 4'
'
NOTE: Depth of stormwater ponds to be determined by project engineer. Vertical: 1" = 49
Sunset Ridge Land Management Group, Inc. Typical cross section
Seaside Road LLC Environmental Consultants of ditch (Waters of the U.S.)
Brunswick County, NC Wilmington, NC
?'? To be filled and excavated.
December 2005
Date:
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 21-1.0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature:
Owner's name:
Address:
City, State, Zip Code:
Phone Number:
I

Mal O?ice Tox 2522
9Yilim in , /61.4 Vam a 28402
f
?acwne? dim-zch Vice d6h Y one: 9->0-452-0007
3805 9?'2iyAW, Ile ?1? mire guile 45 ir?: 940-?52-0060
Wi4niNY&H, ?IW28403 feGriv.lmY/2'0uh.IW/
December 30, 2005
I
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 0 L9
"
RE: Additional Information for Sunset Ridge S/D; DWQ# 05 -0805 JA NI 9
Brunswick County, NC 20?c
WETl1WE S%DIIAI
STORF#??dTER? fl3FYcA"
Dear Joanne:
Thank you for your letter dated June 9, 2005, in which you request additional information for the
Sunset Ridge Subdivision Project. Since that time, the applicant has been working diligently to redesign the
plan to avoid impacts to the large pond within the site and to address stormwater concerns. Below is a
response to each of your comments.
1. Please provide a copy of the redesigned subdivision to include the necessary revised stormwater
conveyances and requirements due to the Subdivision draining to SA waters.
The applicant and his engineers have worked with DWQ to address regulations regarding SA waters:
The revised site plan (enclosed) has met DWQ approval regarding stormwater and a stormwater permit
has been issued.
2. Please show that all lots will be buildable without additional impacts to wetlands If impacts to
wetlands will be required, you need to modify your existing 4011404 permit application with the
Division of Water Quality and the US Army Corps of Engineers.
All proposed impacts to wetlands and/or waters of the U. S. are enclosed on the site plan. Although the
applicant is proposing to fill almost all of the ditches within the site, only some sections of the ditches
have been classified as Waters of the U. S. by the Corps. Only those jurisdictional sections have been
tabulated within the permit application. The two small wetland pockets within the site will not be
disturbed and are located within designated common area.

3. Please include a draft copy of the preservation language, restrictive covenants, deed restrictions or
deed notifications that will protect the remaining wetlands on the property from impacts.
The applicant will place deed notifications on the remaining wetland pockets that will follow the
standard DWQ language (enclosed).
4. Please show profile views (to scale) of the impacts proposed to wetlandshvaters.
Typical cross sections of the Waters of the U. S. to be disturbed (filled and excavated) are enclosed.
Enclosed are the revised site plan drawings and a revised PCN form. Please contact me if you have any
questions. Thank you for your assistance with this project.
Sincerely,1
vlJ
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, piease enter °Not Appucaoieor ".iNiA..-)
L 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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39: GC 3402
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
H. Applicant Information D ()
1. Owner/Applicant Information JAN 9 -,1006
Name: Mr. Jeff Smerko
Mailing Address: Seaside Road LLC aENK - YVAI ER u ALTY
105 Quail Ridge Road a
Wilmington, NC 28409
Telephone Number: [phone] 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: Ms. Kim Williams "
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: (910), 452-0060
E-mail Address: kwilliamsgIni rg_oup.net
Page 5 of 12
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The. specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 24200001
4. Location
County: Brunswick Nearest Town: Sunset Beach
Subdivision name (include phase/lot number): Sunset Ridge
Directions to site (include road numbers, landmarks, ;etc.): From Wilmington, US 17 south
to Crrissetown. Left onto NC 904 (south) nast' intersection of NC 179. Straight for
proximately 0.5 mile. Site will be on the left (see vicinity map):
5. Site coordinates, if available (UTM or Lat/Long): 33.9118°N 78.4826°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 148.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Calabash Creek
8. River Basin: Lumber River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hq://h2o.enr.stdte.ne.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: Adjacent land use is residential or undeveloped. The property
currently is undeveloped.
Page 6of12
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with 446 lots The applicant will initially complete
grading and fill ditches Planned roads and stormwater conveyances will be constructed.
Infrastructure such as water will then be installed Finally, lots will be sold for individual
development
11. Explain the purpose of the proposed work: To build a residential subdivision within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued '. or withdrawn. Provide . photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group Inc. Mr. Tom Farrell of the
U.S. Army Corps of Engineers reviewed the line and then signed the wetland survey on 12/22/04
(Action ID# 200500323).
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 additional permit requests are anticipated for this 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
The applicant proposes to impact 0.394 acre of Waters of the U.S., 0.159 ac will be filled to
construct roads and house pads and 0.235 ac will be excavated to construct stormwater ponds.
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres (es/no linear feet)
1 Fill 0.024 No 300 Waters of the U.S.
2 Excavation 0.017 No 300 Waters of the U.S..
(stormwater)
3 Fill 0.016 No 350 Waters of the U.S.
4 Fill 0.039 No 150 Waters of the U.S.

5 Excavation
0.138
No
150
Waters of the U.S.
(stormwater)
6 Excavation 0.060 No 900 Waters of the U.S.
(stormwater)
7 Fill 0.029 No 2000 Waters of the U.S.
8 Fill 0.029 No 1500 Waters of the U.S.
9 Excavation 0.020 No 1500 Waters of the U.S.
(stormwater)
10 Fill 0.022 No 2400 Waters of the U. S.
* List each impact separately and identify temporary impacts. Impacts include, but are not lmmtea to: mecnanizea clearing, graamg, nil,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre of 404
wetlands; 3.18 acres of Waters of the U.S.
Total area of wetland impact proposed: 0.394 acre of Waters of the U.S. (no wetland
impacts)
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8 of 12
www.usgs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres)
)
Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): excavation of uplands and Waters of the U.S. ditches
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Size. of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant has taken great care in the site design in order to avoid 404 wetlands. It should be
noted that proposed impacts are to ditches were dug many years ago and have since been
classified as Waters of the U.S. The ditches criss-cross the property and developing the site
around them would be difficult. Therefore, the applicant wishes to fill the ditches. Additionally,
some ditches will be excavated to construct stomwater ponds. The applicant has redesigned the
site plan to avoid impacts to the large pond within the property that has been classified as Waters
of the U.S.
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal.. Factors
including size.and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation -plan or NCWRP 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/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach'directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to buy into the EEP for the restoration of 0.5 acre of non-riparian
2. Mitigation may also be made.by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): 0.5 acre
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes El No
If yes, does the project require preparation of an environmental document pursuant, to the
requirements of the National or North Carolina Environmental Policy' Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NIA
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the site. Total proposed impervious cover will
consist of up to 446 homes with driveways and 40' wide road right-of-ways. This would be
approximately 45% of the entire site. The applicant will install silt fencing around the
construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with
an annual grass to prevent temporary erosion. A stormwater plan is being developed for the site.
XH. 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.
This subdivision will tie into the local sewer system.
Y.M. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H..0500) or any Buffer Rules?
Yes Q No
Is this an after-the-fact permit application?
Yes Q No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
L C U 1Z/3o%5
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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LOT 1309 'DITCH
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-
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-t
DITCH
--
`--' NE
-.NTERL OF - ?
- - Ditches
Proposed impacts to Waters of the U.S. (NVVP 39)
Proposed impacts to Waters of the U.S. (NWP
` 404 Wetlands
E Vl? Open Space
0 50 100 200
SCALE 1"= 100'
4-.5 It
SUNSET RIDGE
Proposed impact #6.
WITHERS & RAVENEL
May 2005; revised December 2005 Land Mcnecement Group, Inc.
1 ,, 1 1
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LOT 8246
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l
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Ditches
Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWP 43)
'j 1404 Wetlands
rjI Open Space
?.--
-------------
0 50 100 200
SCALE 1"= 100'
I SUNSET RIDGE .
Proposed impacts #7, #8, and ;19.
WITHERS & RAVENEL
blot' 2005: revised December 2005 Lend Management Group, inc.
CENTERLINE OF 12• WIDE DITCH".
CENTERINE OF 12'
WIDE DITCH
/ DIAMETER
a
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CENTERLINE OF 8 WIDE DITCH LOT 93\9
/
- y?p1 ` ? /OV+FIET
LOT #38
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Ditcf Jto be fill?d ; LOT #35
(not jyrisdictio al) LOT #6
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- -1 Ditches
Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWP F, I
404 Wetlands
Open Space
0 50 100 200
Sr ALE 1 "- 100,
SUNSET RIDGE
Proposed impact Al 0.
WITHERS & RAVENEL
May 2005; revised December 2005 Lana Mano,emenl Group, Inc.

0+8'
i
0+4'
Typical Ditch Filling
0+0'
0+0' 0+4' 0+8' 0+12' 0+16' 0+20'
i
0+8' 1
0+4'
Typical Ditch Excavation
yr;to Area be
ex vated Proposed stormwater pond
0+0'
0+0' 0+4' 0+8' 0+12' 0+16' 0+20'
-- Current elevation
- New elevation
Horizontal: I"= 4'
Vertical: 1" = 4'
NOTE: Depth of stormwater ponds to be determined by project engineer.
i Sunset Ridge Land Management Group, Inc. Typical cross section
Seaside Road LLC Environmental Consultants of ditch (Waters of the U.S.)
Brunswick County, NC Wilmington, NC To be filled and excavated.
December 2005
Date:
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 21-1.0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by.
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature:
Owner's name:
Address:
City, State, Zip Code:
Phone Number:
0 150 300 600
SCALE 1"= 300'
- - Ditches (to be filled)
- Waters of the U.S.
Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWP 43)
?+ 9
404 Wetlands
Open Space
SUNSET RIDGE
Seaside Road, LLC
Site plan showing proposed
impacts to Waters of the U.S.
Site design by:
DECEMBER 2005 WITHERS & RAVENEL
Yand &"96, t56w.
god 61)6m,Wax2522
96Iminff", , 4 WA Va4c&ta 28402
!1dceney AancA G/iee 361c
3805 9) Aigl4&iIIe ?I"ncce Miele 15
91i4ninylon, "28403
December 30, 2005
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Additional Information for Sunset Ridge S/D; DWQ# 05-0805
Brunswick County, NC
Dear Joanne:
gleone: 910-452-0001
91-ax: 910-452-0060
weew.4inI'aiauh.1zel
P&NOWFL9
JAN 9 -2006
NR ATER QUA -Y
WETU?N SA01 STO R BRANCH
Thank you for your letter dated June 9, 2005, in which you request additional information for the
Sunset Ridge Subdivision Project. Since that time, the applicant has been working diligently to redesign the
plan to avoid impacts to the large pond within the site and to address stormwater concerns. Below is a
response to each of your comments.
1. Please provide a copy of the redesigned subdivision to include the necessary revised stormwater
conveyances and requirements due to the Subdivision draining to SA waters
The applicant and his engineers have worked with DWQ to address regulations regarding SA waters.
The revised site plan (enclosed) has met DWQ approval regarding stormwater and a stormwater permit
has been issued.
2. Please show that all lots will be buildable without additional impacts to wetlands. If impacts to
wetlands will be required, you need to modify your existing 4011404 permit application with the
Division of Water Quality and the US Army Corps of Engineers.
All proposed impacts to wetlands and/or waters of the U. S. are enclosed on the site plan. Although the
applicant is proposing to fill almost all of the ditches within the site, only some sections of the ditches
have been classified as Waters of the U. S. by the Corps. Only those jurisdictional sections have been
tabulated within the permit application. The two small wetland pockets within the site will not be
disturbed and are located within designated common area.
3. Please include a draft copy of the preservation language, restrictive covenants, deed restrictions or
deed notifications that will protect the remaining wetlands on the property from impacts.
The applicant will place deed notifications on the remaining wetland pockets that will follow the
standard DWQ language (enclosed).
4. Please show profile views (to scale) of the impacts proposed to wetlandsfwaters.
Typical cross sections of the Waters of the U. S. to be disturbed (filled and excavated) are enclosed.
Enclosed are the revised site plan drawings and a revised PCN form. Please contact me ifyou have any
'questions. Thank you for your assistance with this project.
Sincerely,, '
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If anv particular item is not applicable to this proiect, please enter "Not Applicable" or "N/A".)
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39; GC 3402
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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
Q K&
Environmental Concern (see the top of page 2 for further details),
r 09
H. Applicant Information JAN 9
zoos
1. Owner/Applicant Information ' to ? T7Wp AL01( +r
Name: Mr. Jeff Smerko
Mailing Address: Seaside Road LLC
105 Quail Ridge Road
Wilmington, NC 28409
Telephone Number: [phone] Fax Numben' [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: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsglmgroup.net
i
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 24200001
4. Location
County: Brunswick Nearest Town: Sunset Beach
Subdivision name (include phase/lot number): Sunset Ridge
Directions to site (include road numbers, landmarks, etc.): From Wilmington, US 17 south
to Grissetown. Left onto NC 904 (south) past' intersection of NC 179. Straight for
approximately 0.5 mile. Site will be on the left (see vicinitymman):
5. Site coordinates, if available (UTM or Lat/Long): 33.9118°N 78.4826°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 148.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Calabash Creek
8. River Basin: LumberRiver Basin
(Note this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/mays/.) `
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Adjacent land use is residential or undeveloped. The property
currently is undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with 446 lots. The applicant will initially complete
grading and fill ditches. Planned roads and stormwater conveyances will be constructed.
Infrastructure such as water will then be installed. Finally, lots will be sold for individual
development
11. Explain the purpose of the proposed work: To build a residential subdivision within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued '. or withdrawn. Provide . photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc. Mr. Tom Farrell of the
U.S. Army Corps of Engineers reviewed the line and then signed the wetland survey on 12/22/04
(Action ID# 200500323).
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 additional permit requests are anticipated for this 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
The applicant proposes to impact 0.394 acre of Waters of the U.S.; 0.159 ac will be filled to
construct roads and house pads and 0.235 ac will be excavated to construct stormwater ponds.
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres (es/no linear feet
1 Fill 0.024 No 300 Waters of the U.S.
2 Excavation 0.017 No 300 Waters of the U.S.
(stormwater)
3 Fill 0.016 No 350 Waters of the U.S.
4 Fill 0.039 No 150 Waters of the U.S.
5 Excavation 0.138 No 150 Waters of the U.S.
(stormwater)
6 Excavation 0.060 No 900 Waters of the U.S.
(stormwater)
7 Fill 0.029 No 2000 Waters of the U.S.
8 Fill 0.029 No 1500 Waters of the U.S.
9 Excavation 0.020 No 1500 Waters of the U.S.
(stormwater)
10 Fill 0.022 No 2400 Waters of the U.S.
* List each impact separately and identify temporary impacts. impacts mctude, nut are not umnea to. mecnalnLeu aiearuig, giauuig, 1111,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the `Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
i online at htW://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre of 404
wetlands, 3.18 acres of Waters of the U.S.
Total area of wetland impact proposed: 0.394 acre of Waters of the U.S. (no wetland
impacts)
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet)
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts ana associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
r downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8 of 12
www.uses.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): excavation of uplands and Waters of the U.S. ditches
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Size_ of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The annlicant has taken great care in the site design in order to avoid 404 wetlands. It should be
noted that proposed impacts are to ditches were dug many e? ago and have since been
classified as Waters of the U.S. The ditches criss-cross the property and developing the site
around them would be difficult. Therefore the applicant wishes to fill the ditches. Additionally,
some ditches will be excavated to construct stomwater ponds. The applicant has redesigned the
site plan to avoid impacts to the large pond within the property that has been classified as Waters
of the U.S.
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to buy into the EEP for the restoration of 0.5 acre of non-riparian
wetlands.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.6nr.state.ne.us/wry/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): 0.5 acre
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy' Act. (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Xes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify . V
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the site. Total proposed impervious cover will
consist of up to 446 homes with driveways and 40' wide road right-of-ways. This .would be
gpproximately 45% of the entire site The applicant will install silt fencing around the
construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with
an annual grass to prevent temporary erosion. A stormwater plan is being developed for the site.
XU. 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.
This subdivision will tie into the local sewer stem.
XUL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes 0 No
Is this an after-the-fact permit application?
Yes El No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to' list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

Applicant/Agent's Signature D1ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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0 50 100 200
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SUNSET RIDGE
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WITHERS & RAVENEL
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11 WITHERS & RAVENEL
tlcy 2005: revised December 2005 Lend Monogement Group, Inc. j
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WITHERS & RAVENEL
Iaay 2005; revised December 2005 Lana Mcnagemenl Group, Inc.'.
SCALE 1 = 100
0+8'
0+4'
{
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0+0'
Typical Ditch Excavation
/
/be ated / Ar to be
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stormwater pond
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0+0' 0+4' 0+8' 0+12' 0+16' 0+20'
--- Current elevation
- New elevation
Horizontal: 1" = 4'
Vertical: 1" = 4'
NOTE: Depth of stormwater ponds to be determined by project engineer.
Sunset Ridge Land Management Group, Inc. Typical cross section
Seaside Road LLC Environmental Consultants of ditch (Waters of the U.S.)
Brunswick County, NC Wilmington, NC To be filled and excavated.
December 2005
Typical Ditch Filling
0+4' 0+8' 0+12' 0+16'
Date:
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by.
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature:
Owner's name:
Address:
City, State, Zip Code:
Phone Number.
e omAj t9n1 e.
Ya5t 6?ee e&x 2522
9(i1m an, 4aith Vaw&a 2w2
3805 ?llzigll&ille true Muife 45
O%lmvnylon, "284503
December 30, 2005
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Additional Information for Sunset Ridge S/D; DWQ# 05-0805
Brunswick County, NC
Dear Joanne:
lmne: 970-452-0001
max: 910-452-0060
y40u§e."I
c .wn
1[2@[RflWq@Y
JAN 9 -,2006
DENR - WATER G7U:sLl7 y
nAtVDSANA STO{zh6ry TER , BRq H
Thank you for your letter dated June 9, 2005, in which you request additional information for the
Sunset Ridge Subdivision Project. Since that time, the applicant has been working diligently to redesign the
plan to avoid impacts to the large pond within the site and to address stormwater concerns. Below is a
response to each of your comments.
1. Please provide a copy of the redesigned subdivision to include the necessary revised stormwater
conveyances and requirements due to the Subdivision draining to SA waters.
The applicant and his engineers have worked with DWQ to address regulations regarding SA waters.
The revised site plan (enclosed) has met DWQ approval regarding stormwater and a stormwater permit
has been issued.
2. Please show that all lots will be buildable without additional impacts to wetlands If impacts to
wetlands will be required, you need to modem your existing 4011404 permit application with the
Division of Water Quality and the US Army Corps of Engineers.
All proposed impacts to wetlands and/or waters ofthe U. S. are enclosed on the site plan. Althoughthe
applicant is proposing to fill almost all of the ditches within the site, only some sections of the ditches
have been classified as Waters of the U. S. by the Corps. Only those jurisdictional sections have been
tabulated within the permit application. The two small wetland pockets within the site will not be
disturbed and are located within designated common area.
3. Please include a draft copy of the preservation language, restrictive covenants, deed restrictions or
deed notifications that will protect the remaining wetlands on the property from impacts.
The applicant will place deed notifications on the remaining wetland pockets that will follow the
standard DWQ language (enclosed).
4. Please show profile views (to scale) of the impacts proposed to wetlandslwaters.
Typical cross sections of the Waters of the U. S. to be disturbed (filled and excavated) are enclosed.
Enclosed are the revised site plan drawings and a revised PCN form. Please contact me if you have any
questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If anv narticular item is not abplicable to this proiect, please enter "Not Applicable" or "N/A".)
1. 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
® 40.1 Water Quality Certification
2, Nationwide, Regional or General Permit Number(s) Requested: NWP 39: GC 3402
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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),
H. Applicant Information
JAN °9 - 2006
1. Owner/Applicant Information orr?rt wrAT??
Name: Mr. Jeff Smerko>7ANOS,gNOsr ?o?uri
Mailing Address: Seaside Road LLC eR.
105 Quail Ridge Road
Wilmington, NC 28409
Telephone Number: [phone] 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: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsglmgroup.net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The, specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the.
USACE requires information to be submitted on sheets no larger, than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of prof ect: Sunset Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 24200001
4. Location
County: Brunswick Nearest Town: Sunset Beach
Subdivision name (include phase/lot number): Sunset Ridge
Directions to site (include road numbers, landmarks, etc.): From Wilmington, US 17 south
to Grissetown. Left onto NC 904 (south) paste intersection of NC 179. Straight for
approximately 0.5 mile. Site will be on the left (see vicinity map):
5. Site coordinates, if available (UTM or Lat/Long): 33.9118°N 78.4826°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 148.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Calabash Creek
8. River Basin: Lumber River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) '
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Adjacent land use is residential or undeveloped. The property
currently is undeveloped.
Page 6 of 12
0 150 300 600
SCALE 1"= 300'
- - Ditches (to be filled)
- Waters of the U.S.
Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWP 43)
?+ 9
404 Wetlands
Open Space
SUNSET RIDGE
Seaside Road, LLC
Site plan showing proposed
impacts to Waters of the U.S.
Site design by:
DECEMBER 2005 WITHERS & RAVENEL
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with 446 lots. The applicant will initially complete
grading _and fill ditches. Planned roads and stormwater conveyances will be constructed.
Infrastructure such as water will then be installed. Finally, lots will be sold for individual
development
11. Explain the purpose of the proposed work: To build a residential subdivision within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued '.or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc. Mr. Tom Farrell of the
U.S. Army Corps of Engineers reviewed the line and then signed the wetland survey on 12/22/04
(Action ID# 200500323).
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 additional permit requests are anticipated for this 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
The applicant proposes to impact 0.394 acre of Waters of the U.S.; 0.159 ac will be filled to
construct roads and house pads and 0.235 ac will be excavated to construct stormwater ponds.
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year.Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres (es/no) linear feet)
1 Fill 0.024 No 300 Waters of the U.S.

2 Excavation
0.017
No
300
Waters of the U.S.
(stormwater)
3 Fill 0.016 No 350 Waters of the U.S.
4 Fill 0.039 No 150 Waters of the U.S.
5 Excavation 0.138 No 150 Waters of the U.S.
(stormwater)
6 Excavation 0.060 No 900 Waters of the U.S.
(stormwater)
7 Fill 0.029 No 2000 Waters of the U.S.
8 Fill 0.029 No 1500 Waters of the U.S.
9 Excavation 0.020 No 1500 Waters of the U.S.
(stormwater)
10 Fill 0.022 No 2400 Waters of the U.S.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httt)://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre of 404
wetlands-, 3.18 acres of Waters of the U.S.
Total area of wetland impact proposed: 0.394 acre of Waters of the U.S. (no wetland
impacts
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchingistraightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8 of 12
www.us?zs.pzov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mal)quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): excavation of glands and Waters of the U.S. ditches
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Size_ of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during Construction to reduce impacts.
The applicant has taken great care in the site design in order to avoid 404 wetlands. It should be
noted that proposed impacts are to ditches were dug many years ago and have since been
classified as Waters of the U.S. The ditches criss-cross the property and developing the site
around them would be difficult. Therefore the. applicant wishes to fill the ditches. Additionally,
some ditches will be excavated to construct stomwater ponds. The applicant has redesigned the
site plan to avoid impacts to the large pond within the property that has been classified as Waters
of the U.S.
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach`directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to buy into the EEP for the restoration of 0.5 acre of non-riparian
wetlands.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.6nr.state.ne.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): 0.5 acre
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy' Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing pervious cover within the site. Total proposed impervious cover will
consist of up to 446 homes with driveways and 40' wide road right-of-ways. This would be
Lipproximately 45% of the entire site. The applicant will install silt fencing around the
construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with
an annual grass to prevent temporary erosion. A stormwater plan is being developed for the site.
XU. 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.
This subdivision will tie into the local sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes F] No Z
Is this an after-the-fact permit application?
Yes [:] No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to"list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
CUL__?,
0/05
Applicant/Agent's Signature Efate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Seaside Road LLC Environmental Consultants of ditch (Waters of the U.S.)
Brunswick County, NC Wilmington, NC To be filled and excavated.
December 2005
Typical Ditch Filling
0+4' 0+8' 0+12' 0+16'
Date:
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in County, North
Carolina as shown on plans titled (insert subdivision name) prepared by.
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature:
Owner's name:
Address:
City, State, Zip Code:
Phone Number:
???G?i.?2C? eyf ?02%l?2> ey"?2C.
god O 66ox 2522
??n?G?2, ??h ?a/totiisatc 2802
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,7805 ()NIU ifa2ille dwsaue 9',dk 45 Sax: 940-4452-0060
9fi6mi,ff 4w, "284403 tir?cr?cc<.?int?edu?.nPi
December 30, 2005
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 n [2 (?z, r= ?M(? D
IU?u( v ?'! l5
RE: Additional Information for Sunset Ridge S/D; DWQ# 05-0805 - 2006
Brunswick County, NC JAN 9
UVEruwDS awe s T AT L Bra CH
Dear Joanne:
Thank you for your letter dated June 9, 2005, in which you request additional information for the
Sunset Ridge Subdivision Project. Since that time, the applicant has been working diligently to redesign the
plan to avoid impacts to the large pond within the site and to address stormwater concerns. Below is a
response to each of your comments.
1. Please provide a copy of the redesigned subdivision to include the necessary revised storm-water
conveyances and requirements due to the Subdivision draining to SA waters.
The applicant and his engineers have worked with DWQ to address regulations regarding SA waters.
The revised site plan (enclosed) has met DWQ approval regarding stormwater and a stormwater permit
has been issued.
2. Please show that all lots will be buildable without additional impacts to wetlands. If impacts to
wetlands will be required, you need to modify your existing 4011404 permit application with the
Division of Water Quality and the US Army Corps of Engineers.
All proposed impacts to wetlands and/or waters of the U. S. are enclosed on the site plan. Although the
applicant is proposing to fill almost all of the ditches within the site, only some sections of the ditches
have been classified as Waters of the U. S. by the Corps. Only those jurisdictional sections have been
tabulated within the permit application. The two small wetland pockets within the site will not be
disturbed and are located within designated common area.
3. Please include a draft copy of the preservation language, restrictive covenants, deed restrictions or
deed notifications that will protect the remaining wetlands on the property from impacts.
The applicant will place deed notifications on the remaining wetland pockets that will follow the
standard DWQ language (enclosed).
4. Please show profile views (to scale) of the impacts proposed to wetlands/waters.
Typical cross sections of the Waters of the U. S. to be disturbed (filled and excavated) are enclosed.
Enclosed are the revised site plan drawings and a revised PCN form. Please contact me if you have any
questions. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE
&viunmental (eon4alla d
Ad 61,fice 66Qx2522
Wilinriw ff", Aa &46,lrina 284102
3805 940 6&tL't'e arm" wile 15
O)Vitmdn &n, W28403
December 30, 2005
TO: Mr. Tom Farrell
I U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: Additional Information for the Sunset Ridge S/D; Action ID4 200500323
Brunswick County, NC
Dear Tom:
9.4one. 9-10-452-000-1
max: 9>0-4552-0060
i?uactc.?iin?tau?i.net
Thank you for your letter dated May 13, 2005, in which you request additional information for the Sunset Ridge
Subdivision Project. Since that time, the applicant has been working diligently to redesign the plan to avoid impacts to the
large pond within the site and to address stormwater concerns raised by DWQ. Below is a response to each of your
comments.
1. Please clarify the following components of the project drawings:
a. For project drawings, do not use colored ink. Please use stippling, hatching, or other typographic
features to distinguish components of the project.
The site plan drawings are resubmitted in black and white (enclosed).
b. Please clarify the following components of the project drawings: Provide representative cross sections
of the areas on site to be filled. Show side slopes, culverts, and elevations in the filled areas. Extend the
cross-sections beyond the area of impact. Correlate the cross-sections with the site plan.
Typical cross sections of the Waters of the U.S. to be disturbed (filled and excavated) are enclosed No culverts
will be used since the applicant is proposing to fill the length of the ditches.
2 Describe the scope of all phases of the project. The total plan of development for the entire project area is
needed from the Department of the Army to complete the cumulative impact review and alternatives analysis.
Our regulations specifically 33 CPR Part 325.1(d) (2), state that "All activities which the applicant plans to
undertake which are reasonably related to the same project and for which a Department of the Army (DA)
permit would be required should be included in the same permit application. District engineers should reject, as
incomplete, anypermit application which fails to comply with this requirement. "Apiecemeal approach would
be inconsistent with our regulations and permitting process. The submitted plan shows many lots and roadways
platted over jurisdictional wetlands and waters of the U.S. It is highly unlikely that further impacts to these
areas would not be proposed at a later date. All likely impacts need to be reviewed under this application.

All proposed impacts to wetlands and/or waters of the U. S. are enclosed on the site plan. Although the applicant is
proposing to fill almost all of the ditches within the site, only some sections of the ditches have been classified as
Waters of the U.S. by the Corps. Only those jurisdictional sections have been tabulated as impacts within the
permit application. The two small wetland pockets within the site will not be disturbed and are located within
designated common areas.
3. There appears to be ample opportunity for onsite mitigation. Please provide aproposal for onsite mitigation. In
addition, please scale up the mitigation to account for other impacts that may be proposed (see item 2 of this
letter). Creation mitigation is at a ratio of 2:1.
Proposed impacts are to degraded, manmade ditches that have been classified as Waters of the U.S. Buying into the
EEP for the restoration of 0.5 acre of non-riparian wetlands will result in restoring higher-quality wetland habitat.
Furthermore, there are only two small wetland pockets within the site and it would be difficult to successfully
expand these areas for wetland creation.
4. With reference to our May 12 and 13 emails regarding this project, it appears that the large pond was in fact
referenced as jurisdictional in the delineation. Dredge and fill impacts within the pond would also need to be
included in the review.
The site plan has been redesigned to avoid this pond (enclosed).
5. Describe and explain the features shown on the drawings that are numbered in green. The features are
numbered 2 through 8.
These features were proposed stormwater ponds. The site plan has since been revised and the stormwater ponds
have been relocated. Please note that several of the proposed impacts to Waters of the U.S. will be from the
excavation of stormwater ponds. These impacts have been tabulated in the NWP 43 application.
Enclosed are the revised site plan drawings and a revised PCN form. Please contact me if you have any questions.
Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Jeff Smerko
Ms. Joanne Steenhuis, DWQ
Ms. Cyndi Karoly, DWQ
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Propose-d I npElcts to Woters of the U.S.
404 Wetlands
MAY 2005
`Sl.)I? iF 1" (MIDGE
Site plan showing proposed
irnpods to Waters of the U.S.
WITH( RS & RAVENFA
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I.
H.
Processing
1. Check all of the approval(s) requested for this project:
M Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality. Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39; GC 3402
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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
Owner/Applicant Information
Name: Mr. J
I 5i
JAN 9 -,2006
+?m - rvni tK UUALffI'
Mailing Address: Seaside Road, LLC tME11An?DSA?osr?tt?raiT?raeii
105 Quail Ridge Road
Wilmington, NC 28409
Telephone Number: [phone] 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: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsglmgroup.net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 24200001
4. Location
County: Brunswick Nearest Town: Sunset Beach
Subdivision name (include phase/lot number): Sunset Ridge
Directions to site (include road numbers, landmarks, etc.): From Wilmington, US 17 south
5. Site coordinates, if available (UTM or Lat/Long): 33.9118°N 78.4826°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 148.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Calabash Creek
8. River Basin: Lumber'River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.stdte.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: Adjacent land use is residential or undeveloped. The property
currently is undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with 446 lots. The applicant will initially complete
grading and fill ditches Planned roads and stormwater conveyances will be constructed.
Infrastructure such as water will then be installed. Finally, lots will be sold for individual
development
11. Explain the purpose of the proposed work: To build a residential subdivision within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or. obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued '.or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc. Mr. Tom Farrell of the
U.S. Army Corps of Engineers reviewed the line and then signed the wetland survey on 12/22/04
(Action ID# 200500323).
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 additional permit requests are anticipated for this 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
The applicant proposes to impact 0.394 acre of Waters of the U.S.; 0.159 ac will be filled to
construct roads and house pads and 0.235 ac will be excavated to construct stormwater ponds.
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma) (acres) (es/no linear feet)
1 Fill 0.024 No 300 Waters of the U.S.

2 Excavation
0.017
No
300
Waters of the U.S.
(stormwater)
3 Fill 0.016 No 350 Waters of the U.S.
4 Fill 0.039 No 150 Waters of the U.S.
5 Excavation 0.138 No 150 Waters of the U.S.
(stormwater)
6 Excavation 0.060 No 900 Waters of the U.S.
(stormwater)
7 Fill 0.029 No 2000 Waters of the U.S.
8 Fill 0.029 No 1500 Waters of the U. S.

9 Excavation
0.020
No
1500
Waters of the U.S.
(stormwater)
10 Fill 0.022 No 2400 Waters of the U. S.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htW://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre of 404
wetlands, 3.18 acres of Waters of the U.S.
Total area of wetland impact proposed: 0.394 acre of Waters of the U.S. (no wetland
impacts)
i
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(leases eci )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8 of 12
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name (if of applicable) Waterbody Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): excavation of uplands and Waters of the U.S. ditches
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Size. of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The annlicant has taken Great care in the site design in order to avoid 404 wetlands. It should be
noted that proposed impacts are to ditches were dug many ergo and have since been
classified as Waters of the U.S. The ditches criss-cross the property and developing the site
around them would be difficult. Therefore the applicant wishes to fill the ditches. Additionally,
some ditches will be excavated to construct stomwater ponds. The applicant has redesigned the
site plan to avoid impacts to the large pond within the properly that has been classified as Waters
of the U.S.
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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/strmgide.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 (attachdirections
and/or map, if offsite), affected. stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to buy into the EEP for the restoration of 0.5 acre of non-riparian
wetlands.
2. Mitigation may also be made .by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.6nr.state.ne.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 12
Amount of Non-riparian wetland mitigation requested (acres): 0.5 acre
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy' Act (NEPA/SEPA)?.
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
.Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
M. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the site. Total proposed impervious cover will
consist of up to 446 homes with driveways and 40' wide road right-of-ways. This would be
approximately 45% of the entire site. The applicant will install silt fencing around the
construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with
an annual grass to prevent temporary erosion. A stormwater plan is being developed for the site.
X11. 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.
This subdivision will tie into the local sewer system.
XM. 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 Q No
XIV. 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).
??- -_ , ?JK 1 J 105
Applicant/Agent's Signature lfate'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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IF - - SUNSET RI
D G E
,1 404 Wetlands
--
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Open Space Proposed impact #6.
0 50 1 CO ?20C WITHERS & PAVENEL
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404. Wetlands
SUNSET RIDGE

Open Space
Proposed impacts #7, 1%8, and 9.
T
0 50100 T200t WITHERS & RAVENEL
L kloy 2005; revised December 2005 Lo°d >Aencgement Group, Inc.
SCALE 1 "= 100'
CENTERLINE 12' WIDE OITCN
OF
12'•.
CENTERLINE \ .?S
WIOE OITCN
/ j
/• / ... CULV Ri 3' DIAMETER
CENTERUNE OF 8' WIDE DITCH J, OF S?xC' LOT #39
MET LOT #38
LOT #37 '.\
/ f
LOT #14
LOT #15 LOT #36
LOT #13 L07 #16
I
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Ditch to be fill'?d LOT #35
!. (not j risdictio al) LOT #6
\\ LOT #34
` LOT #70
/ LOT #5 LOT 133
I` LOT 14 LOT #27 \ L
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LOT #23 `
Ditches
i
Proposed impacts to Waters of the U.S. (NWP 39)
Proposed impacts to Waters of the U.S. (NWP
404 Wetlands
rr
r.i Open Space
0 50 100 200
I
3? I
SUNSET RIDGE
Proposed impoct #10.
WITHERS & RAVENEL
Moy 2005; revised December- 2005 land Management Croup, Inc.)
SCALE 1 = 100
0+8'
0+4'

0+0'
0+0'
0+8'
0+4' 1
Typical Ditch Filling
0+4' 0+8' 0+12' 0+16' 0+20'
Typical Ditch Excavation
Area be ex vated /A7tobXex
--- ----- /
I Proposed stormwater pond
0+0'
0+0' 0+4' 0+8' 0+12' 0+16' 0+20'
--- Current elevation
- New elevation
Horizontal: 1" = 4'
Vertical: 1" = 4'
NOTE: Depth of stormwater ponds to be determined by project engineer.
Sunset Ridge Land Management Group, Inc. Typical cross section
Seaside Road LLC Environmental Consultants of ditch (Waters of the U.S.)
Brunswick County, NC Wilmington, NC To be filled and excavated.
December 2005
Date:
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivision, lot numbers in . County, North
Carolina as shown on plans titled (insert subdivision name) prepared by.
(insert name of designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
in any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature:
Owner's name:
Address:
City, State, Zip Code:
Phone Number:
OF W ATFR Michael F. Easley, Governor
" Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
? r
-i Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 11, 2005
CERTIFIED MAIL: 7004 1160 0004 4620 3129
RETURN RECEIPT REQUESTED
Jeff Smerko
Seaside Road, LLC
105 Quail Ridge Rd.
Wilmington, NC 28409
R[I@[low9
-= p
JUL 2 1 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Sunset Ridge Subdivision
DWQ Project # 05-0805
Brunswick County
Dear Mr. Smerko:
Attached you will find the original additional information letter I sent to you on June 9,
2005. Copies of the original were also sent to your consultant who has already responded, and
the Division of Water Quality is waiting for the revised application. If you have any questions,
please do not hesitate to call me at [phone].
Sincerely, 7
+f 1
?oanne Steenhuis
Environmental Specialist III
cc: Cyndi Karoly - 401 Oversight
WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NorthCarolina
Natimally
f QF WAT?9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
_4 6 > r-
-=i Alan W. Klimek, P.E., Director
O Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 9, 2005
CERTIFIED MAIL: 7004 1160 0004 4620 3075 d? ?S tli D
RETURN RECEIPT REQUESTED a
Jeff Smerko JUN 200
Seaside Road, LLC DENR MWATER UALINDRANCN
105 Quail Ridge Rd.
Wilmington, NC 28409
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Sunset Ridge Subdivision
DWQ Project # 05-0805
Brunswick County
Dear Mr. Smerko`.-
On May 16,, 2005, the Division of Water Quality (DWQ) in the Wilmington Regional
Office (WiRO) received your application dated May 04, 2005 from Central Office to review for
the Division of Water Quality (DWQ) impacts/concems. DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below. The
DWQ will require additional information in order to process your application for potential
impacts of protected wetlands and/or streams on the subject property. Therefore, unless we
receive the additional information requested below, we will have to move toward denial of your
application as required by 15A NCAC 21-1.0506 and will place this project on hold as incomplete
until we receive this additional information. Please provide the following information so that we
may continue to review your project.
Additional Information Requested:
1. Please:provide a copy of the redesigned subdivision to include the necessary revised
Stormwater conveyances and requirements due to the Subdivision draining to SA
waters.
2. Please `'show that all lots will be buildable without additional impacts to wetlands. If
impacts to wetlands will be required, you need to modify your existing 401/404
permit application with the Division of Water Quality and the US Army Corps of
Engineers.
3. Please include a draft copy of the preservation language, restrictive covenants, deed
restrictions or deed notifications that will protect the remaining wetlands on the
property from impacts.
4. Please show profile views (to scale) of the impacts proposed to wetland/waters.
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 798 -7215 Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal f Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NofthCarolina
Naturally
Page Two
Jeff Smerko
Seaside Road, LLC
DWQ Project # 050805
June 9, 2005
Please respond in writing within three weeks of the date of this letter by sending a copy
of the information to Joanne Steenhuis and to Cyndi Karoly, 401 Oversight/Express Review
Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn. If you have any questions, please feel free to call me at (910)
796-7215.
Sincerely,
Joanne Steenhuis
Environmental Specialist III
cc: Cyndi Karoly - 401 Oversight
Tom Farrell - Corps of Engineers Wilmington
Kim Williams - Agent
WiRO
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Sunset Ridge c/o Jeff Smerko, Seaside Road LLC County Brunswick
Project Number 05 0805 County2
Recvd From APP Region Wilmington
Received Date 519105 Recvd By Region
Project Type Residential S/D
Certificates Stream
Permit' Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
IWV39 OTH O Y O N 15-25-5 SA HQW 30,759. 0.34 I -
r_- BuffersPV _0N r- 15-25-5 r-? 30,759: O:SO r-
F__F_O Y _0N F-F-F-F-F-F- F-
Mitigation Wetland
MtigationType ` Type Acres Feet
I F_ F F_
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? (0 Y O N
Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 335742 Longitude (ddmmss) 782857
Comments:
Project was placed on hold for additional infomation as of June 9- 2005, JHS
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: 5-/1o ZOL "
Projed Name:
To: ? ARO Kevin Barnett
? FRO Ken Averitte
? MRO Alan Johnson
? RRO Mike Horan
Svy1?e.? c/o )tee SGner
DWQ#: ©so? Gs"
County: w, K
? WaRO Tom Steffens and Kyle Bai
® WiRO Noelle Lutheran
? WSRO Daryl Lamb
From: 1-rrya rv?, Telephone : (919) 7is-- 7171-7i
The file attached. Is being forwardedSO. *our for your evaluation.
Please call if you nee'd' as ' Lance.
? Stream length impacted '?
? Stream determination
Wetlan? determination and distance to blue-line surface-.waters on USFW topo maps
Ver y .lair SVY,.Cq r
® M3nimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico,'Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern

Yobs O &x 2522
?/r?iintrn "1V0411 'eai to 284102
G army
,7805 (Muk i aviA'icencce yicite 95
May 4, 2005
f A1E MIENT
? LAJEVED
050605
Yluuw:910-/152-0004
J6:910-452-0060
TO: Ms. Noelle Lutheran
Division of Water Quality
9@@LRflW@

127 Cardinal Drive Extension ,
Wilmington, NC 28405 MAY 9 2005
RE.
Quality Certification Application for Sunset Ridg? R -- SATTEERR Q ?
401
ns
B
ru
wick
County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application is submitted
on behalf of Mr. Jeff Smerko for a 148.5-acre tract located off of NC 904 near Sunset Beach, NC. The
applicant is proposing to build a residential subdivision within the site. Although he has attempted to minimize
impacts through careful site design, 0.344 acre of impacts to ditches classified as Waters of the U. S. is
proposed.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. In
addition, the $200 application fee has been sent to Ms. Cyndi Karoly. Please contact me if you have any
questions. Thank you for your assistance with this project.
Sincerely,
?A4
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Jeff Smerko
Ms. Cyndi Karoly, DWQ
Mr. Tom Farrell, ACOE

?Aa 61) °im &x 2522
WWmrin fan, A6WA &"d is 28402
y, Am" Cfwe Ya2h
Q,wnq
3805 ())W f4VW4'dV0n" 9ccik 45
9tdnminw n, "28403
May 4, 2005
TO: Mr. Tom Farrell
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE:. NWP 39 Application for Sunset Ridge Subdivision
Brunswick County, NC
Dear Tom:
054845
A lrli__( if
Yltww: 9110-452-0004
Xax:940-452-0060
WWW.&WAOMA.net
Enclosed is a NWP 39 application for your review. This application is submitted on behalf of Mr. Jeff
Smerko for a 148.5-acre tract located off of NC 904 near Sunset Beach, NC. The applicant is proposing to
build a residential subdivision within the site. Although he has attempted to minimize impacts through careful
site design, 0.344 acre of impacts to ditches classified as Waters of the U. S. is proposed.
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.
Cc: Mr. Jeff Smerko

p ; )3u'V = U
Mai 9 zoos
Office Use Only:
USACE Action ID No.
DWQ No.
(If any particular item is not applicable to this project, please enter "Not
PAYMENT
RECEIVED
Form Version May 2002
050805
IT or "N/A".)
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39; GC 3402
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Mr. Jeff Smerko
Mailing Address: Seaside Road, LLC
105 Quail Ridge Road
Wilmington, NC 28409
Telephone Number: [phone] 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: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsglmgro p.net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 24200001
4. Location
County: Brunswick Nearest Town: Sunset Beach
Subdivision name (include phase/lot number): Sunset Ridge
Directions to site (include road numbers, landmarks, etc.): From Wilmington, US 17 south
to Grissetown. Left onto NC 904 (south) past intersection of NC 179. Straight for
approximately 0.5 mile. Site will be on the left (see vicinity map).
5. Site coordinates, if available (UTM or Lat/Long): 33.9118°N 78.4826°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 148.5 acres
7. Nearest body of water (stream/river/soundlocean/lake): UT of Calabash Creek
8. River Basin: Lumber River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Adjacent land use is residential or undeveloped. The property
currently is undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with 446 lots. The applicant will initially complete
grading and fill ditches. Planned roads and stormwater conveyances will be constructed.
Infrastructure such as water will then be installed. Finally, lots will be sold for individual
development.
11. Explain the purpose of the proposed work: To build a residential subdivision within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc. Mr. Tom Farrell of the
U.S. Army Corps of Engineers reviewed the line and then signed the wetland survey on 12/22/04
(Action ID# 200500323).
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 additional permit requests are anticipated for this 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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:
The applicant proposes to impact 0.344 acre of Waters of the U.S.
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain* *
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland*
1 Fill 0.024 No 300 Waters of the U.S.
2 Fill 0.016 No 350 Waters of the U.S.
3 Fill 0.186 No 150 Waters of the U.S.
4 Fill 0.017 No 900 Waters of the U.S.
5 Fill 0.049 No 1500 Waters of the U.S.
6 Fill 0.030 No 2000 Waters of the U.S.
7 Fill 0.022 No 2400 Waters of the U.S.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding-'
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre of 404
wetlands; 0.7 acre of Waters of the U.S.
Total area of wetland impact proposed: 0.344 acre
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
(leases eci )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and. net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses:eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wwtiv.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): expansion of an existing pond and excavation of
uplands
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant has taken great care in the site design in order to avoid 404 wetlands. It should be
noted that proposed impacts are to ditches were dug mangy ears ago and have since been
classified as Waters of the U.S. The ditches criss-cross the property and developing the site
around them would be difficult. Therefore, the applicant wishes to fill the ditches located in the
of the tract.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to buy into the EEP for the restoration of 0.5 acre of non-riparian
wetlands.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hqp://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 0.5 acre
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require 'preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact .
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Gone 1 extends out jU teet perpendicular trom near bank of Channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 11 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the site. Total proposed impervious cover will
consist of up to 446 homes with driveways and 40' wide road right-of-ways. This would be
approximately 45% of the entire site. The applicant will install silt fencing around the
construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with
an annual ass to prevent temporary erosion. A stormwater plan is being dped for the site.
XU. 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.
This subdivision will tie into the local sewer system.
XUL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes 0 No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Jeff Smerko 910-397-8751 p.Z
9104520060 LANDMANACEMENt PAGE 02/02
AGEWr AU HOWA'•TION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undcrsigncd, hereby authorize Land Manageruent Group, Inc. to act as our agent in the
preparation and represwation of infomation related to the 4041401 permit application for the
$unsct Ri?1 a ras locsded in Brunswick County, NC. All questions in regards to this application
should be directed to Land Management Group, Jnc.
Sincerely,
Qv =lApplicant
?ItSidc.,?f i ?i?c Sf??i Z??c?o??'"+?.•`? d? I?C? .Z? •?
Date
ENVIRONMENTAL CONSULTANTS
North Carolina Division of Water Quality
Date Type Reference
05/04/2005 Bill Permit Fee O?
Q?
O
LJVZF l
5/4/2005
Original Amt. Balance Due Discount Payment
200.00 200.00 200.00
Check Amount 200.00
Coastal Federal Bank 401 Water Quality Application Fee c)3-o4-4S q Seas; de, --TRac"r 200.00