20052242 Ver 1_Complete File_20051221

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 28, 2006
Wilmington Commercial Properties, LLC
c/o Dean Hackney
PO Box 3442
Wilmington, NC 28406
0%1%%
DWQ Project # 052242
Carteret County
SUBJECT: Approval of 401 Water Quality Certification with Additional Conditions
Fill wetlands for two road crossings to access lots
North River Estates Subdivision
Dear Mr. Hackney:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.029 acres of jurisdictional wetlands for two road crossings in North River Estates Subdivision,
as described within your application dated December 15, 2005 and received by the N.C. Division of
Water Quality (DWQ) on December 21, 2005 and additional information received by the Wilmington
Regional Office on February 28, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number 3404 (GC3404). This Certification
can also be found on line at: htip://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification # 3404
allows you to use Nationwide Permit 14 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 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
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Servicel-877-623-6748 One
FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
MuMAY
Page Two
Wilmington Commercial Properties, LLC
c/o Dean Hackney
DWQ Project # 052242
February 28, 2006
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
Isolated Wetlands N/A
404 Wetlands 0.029 ac permanent impacts
for two road crossings North River Estates
Proposed wetland impacts #1
and 42 dated Jul 2005
Waters N/A (acres)
Buffers N/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 Manual.
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-owned 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 Mining 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 w/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. A copy of the recorded deed notifications for wetlands on Lots 2-4 shall be sent to this Office
within 30 days after the recording is completed.
Page Three
Wilmington Commercial Properties, LLC
c/o Dean Hackney
DWQ Project # 052242
February 28, 2006
6. 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 Mail Service Center, Raleigh, NC, 27699-1650.
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.
Please read the conditions associated with General Certification # 3404 (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 #052242 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Enclosures: GC 3404
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: Kim Williams - Land Management Group
Ian McMillan - 401 Oversight/Express Review Permitting Unit
Mickey Sugg - USACE Wilmington Regulatory Field Office
WiRO
Central Files
OF WAT?9 Michael F. Easley, Governor
"I Q William G. Ross Jr., Secretary
?O 6 North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 13, 2006
CERTIFIED MAIL: 70042890 0002 3418 0626
RETURN RECEIPT REQUESTED i y 19
Wilmington Commercial Properties, LLC JAN 1 8 2006
c/o Dean Hackney DENR - WATER QUALITY
PO BOX 3442 WETLANDS AND STORMWATER BRANCH
Wilmington, NC 28406
VA. SUBJECT: PROJECT ON HOLD FOR
F f L E? ADDITIONAL INFORMATION
North River Estates Subdivision
DWQ Project # 05-2242
Carteret County
Dear Mr. Hackney:
On January 3, 2006, the Division of Water Quality (DWQ) in the Wilmington Regional
Office (WiRO) received your application dated December 15, 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 copy of the signed Jurisdiction Determination signed by The
Corps of Engineers.
2. Please show that all lots will be buildable without additional impacts to wetlands
including driveway crossings for access to high ground. This Office is concerned that
additional impacts will be needed for lot access on lot # 2 in particular. It would be
easier to ask for the impacts now than after the conservation easement per the Corps
is in place.
3. 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.
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
North Caro Ill a
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Aatumlly

Page Two
Wilmington Commercial Properties, LLC
c/o Dean Hackney
DWQ Project # 052242
January 13, 2006
Please respond in writing within three weeks of the date of this letter by sending a copy
of the information to Joanne Steenhuis, to Ian McMillan, 401 Oversight/Express Review
Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226 and to Mickey Sugg of the
Army Corps of Engineers. 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].
6mcereiy,
Joanne Steenhuis
Environmental Specialist III
cc: 1 OVei.gl[Jnt
Mickey Sugg - Corps of Engineers Wilmington
Kim Williams - Land Management
WiRO
North River estates
Subject: North River estates
From: Joanne Steenhuis <[e-mail]>
Date: Tue, 28 Feb 2006 18:10:56 -0500
To: Ian McMillan <[e-mail]>, Mickey T Sugg <[e-mail]>
North River estates - Carteret County DWQ # 052242 was issued 2/28/06
I of 1 3/1/2006 8:22 AM
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February 23, 2006
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: North River Estates S/D; DWQ # 05-2242
Carteret County, NC
Dear Joanne:
Qr= 1r-,)'?ad?D
FEB 2 7 2006
,Vli~: 910-452-0001
Sax: 910-452-0060
L(ZLLZL(2. ?7Yj2.42P/?
UENR - WATER QUALITY
WETLANDS AND STQRMWATER BRANCH
Thank you for your letter dated January 13, 2006 in which you request additional project
information. Below is a response to each of your comments:
1. Please provide a copy of the signed Jurisdictional Determination signed by the Corps of
Engineers.
Enclosed is the wetland survey signed by Mickey Sugg of the Corps.
2. Please show that all lots will be buildable without additional impacts to wetlands including
driveway crossings for access to high ground. This Office is concerned that additional
impacts will be needed for lot access on Lot #2 in particular. It would be easier to askfor the
impacts now than after the conservation easement per the Corps is in place.
No additional impacts to wetlands will be needed within this subdivision. Homes will be
built in uplands located off of the main road.
3. Please provide a draft copy of the preservation language, restrictive covenants, deed
restrictions, deed noti, f a'cations or preservation language (if required by the Corps) that will
protect the remaining wetlands on the property from impacts.
Enclosed is a draft copy of the deed notification for Lots 2 through 4 that has been signed
by the applicant.
Please let me know if you have any additional questions. Thank you for your assistance with
this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Dean Hackney, Wilmington Commercial Properties
Ms. Cyndi Karoly, DWQ
Mr. Mickey Sugg, ACOE
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Feb 22 06 03:41p Signature Homes [phone]
CAt/ LLJ 4VVV 1J? VJ JIW-J UVuV "-Milt" If -
Date: 2AA
COMPLIANCE WITH WETLAND S BUFFER REGULATIONS
In accordan6e with Title 15 A NCAC 2H.0500, the rollowing DEED NOTIFICATION shall be
recorded In the Carteret County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to the North River Estates subdivision, Lots 2 through d, in Carteret
County, North Carolina as shown on plans titled 'Site Plan' for North River Estates, prepared by
Stroud Engineering dated 4115105.
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"A portion of this tot 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 tirne 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 subdfvislon
in any application pertaining to sold 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 211 persons claiming under them".
Signature:
Owner's name: T i
Address: -D.
City, State, Zip Code: "To
Prone Number. __ WE r '
- 3 3 7
Triage Check List
Date: 2/27/06
Project Name: North River Estates
DWQ#: 05-2242
County: Carteret
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 2/27/06 to 4/27/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/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
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Triage Check List
Date: 2/27/06
Project Name: North River Estates
DWQ#: 05-2242
County: Carteret
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 2/27/06 to 4/27/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/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
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Triage Check List
Date: 12/28/05
Project Name: North River Estates
DWQ#: 05-2242
County: Carteret
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 12/21/05 to 2/19/06
Ff? c l,?Vf'1
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/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
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
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FILE G" OF"' a w7
December 15, 2005
t"4!T
RECEIVED
20052242
Yee: 940-452-0009
9ax:940-452-0060
WWW.'irny4"6.nd
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension c .M 2005
Wilmington, NC 28405
e ,
WETLA
RE: 401 Water Quality Certification Application; North River Estates S/D ; sarcw
Carteret County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application is
submitted on behalf of Wilmington Commercial Properties for the North River Estates Subdivision,
located in Carteret County, NC. The applicant is proposing to construct nine lots within this tract.
Although he has attempted to minimize impacts through careful site design, approximately 0.029 acre
of 404 wetland impacts is proposed in order to cross a wetland finger and provide access to two lots.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your
review. 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.
Sinc rely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Dean Hackney, Wilmington Commercial Properties
Ms. Cyndi Karoly, DWQF
Mr. Mickey Sugg, ACOE

T
Office Use Only: Form Version May 2002
200522.42
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, 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 14: GC3404
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 o tss ag t Area of
Environmental Concern (see the top of page 2 for further det };-h?c?ke V 4
H. Applicant Information
C E:,
1. Owner/Applicant Information
Name: Wilmington Commercial Properties, LLC
Mailing Address: c/o Mr. Dean Hackney
P.O. Box 3442
Wilmington, NC 28406
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: kwilliamsnu,lmgroup.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: North River Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 732801062448000
4. Location
County: Carteret Nearest Town: Beaufort
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take 17 N to 172 to` 24 E to 70
E. Drive over the North River bridge. Turn right onto Bettie Path Road, which will lead into
site (see vicinity map).
5. Sitecoordinates, if available (UTM or Lat/Long): 34.7870°N 76.5984°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): 22.69 acres
7. Nearest body of water (stream/river/sound/ocean/lake): North River
8. River Basin: Neuse 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/adrnin/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:. This lot is forested or.in agricultural production. Adjacent
land use is undeveloped, agricultural or residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
This project will contain a residential subdivision with nine large lots. The applicant will
complete all planned roads and stormwater conveyances..Culverts will be installed at wetland
crossings and silt fences will be installed. 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
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.
Land Management Group, Inc. flagged the wetlands within the tract and Mr. Micke?Sugg of the
Corps approved the delineation in the field. Copies of the wetland survey are included in this
application for his signature.
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 wetland impacts are'anticipated on this tract.
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.
Page 7 of 12
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.029 acre of 404 wetlands for two driveway crossings.
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 Culvert/fill 0.020 yes -800 Forested wetland
2 Culvert/fill 0.009 yes -800 Forested wetland

* 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), orTEMA-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: - 4.5 acres
Total area of wetland impact proposed: 0.029 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number
(indicate on map).
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* 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.usas.gov. 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: N/A
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 eacn impact separately ana iaentity temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding,'drainage, bulkheads, etc.
5. Pond Creation N/A
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.):
Proposed use or purpose of pond, (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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 minimized impacts to wetlands as much as possible. However, a wetland
finger cuts across two lots and small driveway crossings are needed in order to access u lp ands
within these lots. The paved driveways will be only 12' wide (with a 2 to 1 side slope) and will
be culverted to ensure passage of aquatic life.
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.
Because impacts have been reduced to 0.029 acre no further'mitigation is presented.
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 web site at http://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):
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
Page 10 of 12
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
2
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.
If buffer mitigation is required, please discuss what type of mitigation is proposed (Le.-, 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
Page 11 of 12
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 this site. Total proposed impervious cover will
consist of nine houses with driveways and a road, which will- comprise approximately 4.5 acres
or 20% of the tract. The applicant will install silt fencing around the construction area to reduce
erosion into wetland areas.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The facility will use on-site wastewater treatment.
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 ? 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 Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.) ..

Page 12 of 12
SITE
*Boundades are approximate and are
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 79. (2003)
North River Estates
Wilmington Commercial Properties
Carteret County, NC
04-04-668
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2005

1
SCALE 1" = 2.4 miles
Figure 1
Vicinity Map

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*Boundaries are approximate and are
not meant to be absolute.
Map Source: Williston Quadrangle 7.5 minute (topographic) 1990. SCALE 1" = 1 000 ft
North River Estates Land Management Group, Inc. Figure 2
Wilmington Commercial Properties Environmental Consultants
Carteret County, NC Wilmington, N.C. USGS Topgraphic Map
04-04-668 July 2005
AaA - Altavista loamy fine sand
Tm - Tomotley fine sandy loam
*Boundaries are approximate and are SITE
not meant to be absolute. SCALE 1" = 400ft
Map Source: NRCS Soils Map.
North River Estates Land Management Group, Inc.
Wilmington Commercial Properties Environmental Consultants Figure 3
Carteret County, NC Wilmington, N.C. Soils Map
04-04-668 July 2005
SITE
*Boundaries are approximate and are
not meant to be absolute.
Map Source: 1998 NAPP aerial photography
North River Estates
Wilmington Commercial Properties
Carteret County, NC
04-04-668
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2005
SCALE 1" = 400ft
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12'-wide road
0+10' 1
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Proposed culvert Existine Grade
0+0' L-
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Typical Profile of Access Driveway
Proposed Grade _
1 - 18" pipe culvert
Existing Grade
Utilities
NOT TO SCALE
NOTE: Final culvert specifications to be determined by project engineer.
North River Estates Land Management Group, Inc.
Wilmington Commercial Properties, LLC Environmental Consultants Typical Road
Carteret County, NC Wilmington, NC
Cross-Sections
Permit Application July 2005
0+5' 0+10' 0+15' 0+20' 0+25'
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ug 05 05 07:48a SIGNATURE HOMES STRUCTION 9107944202
08/05/2005 07:29 9104520060 LANDMANAGEMENT
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
p.2
r'ggG C1.Ct us
Iiwe, the undersigned, hereby authorise Land Management Group, Inc. to act as our agent in. the
preparation, and representation of information related to the permit application for tlae North
hM s project located in Carteret County, NC. All questions in regards to this project
should be directed to Lund Management Group, Inc.
Sincerely,
3 wncr/A t
7 'Date
0

god 6116,Vox 2522
W&ntwff", dWi (eaii w 28402
RECEIVED
2005224,2
%" Am" Yad
3805 ??i?e ?rR?uce yuik 45
9fdmbt X 284503
9 r ? ,
Yhi~: 970-4552-0004
9ax:940-4452-0060
WWffl.6"ff4"96.nd
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
December 15, 2005
J
G?L i ? ?Cell
RE: 401 Water Quality Certification Application; North River Estates S/D
Carteret County NC ?`?'n 71 P,t.? P^ R > CH
Dear Noelle:
Enclosed is a 401 Water Quality Certification application for your review. This application is
submitted on behalf of Wilmington Commercial Properties for the North River Estates Subdivision,
located in Carteret County, NC. The applicant is proposing to construct nine lots'within this tract.
Although he has attempted to minimize impacts through careful site design, approximately 0.029 acre
of 404 wetland impacts is proposed in order to cross a wetland finger and provide access to two lots.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your
review. 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.
Sinc rely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Dean Hackney, Wilmington Commercial Properties
Ms. Cyndi Karoly, DWQ
Mr. Mickey Sugg, ACOE

Office Use Only: Form Vt?ersion 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".)
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 14; GC3404
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),
II. Applicant Information
1. Owner/Applicant Information DEN"
Name: Wilmington Commercial Properties, LLCETtsuID- "'
Mailing Address: c/o Mr. Dean Hackney
P.O. Box 3442
Wilmington, NC 28406
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: kwilliamsklmgroup.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 plan s 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: North River Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 732801062448000
4. Location
County: Carteret Nearest Town: Beaufort
Subdivision name (include phase/lot number):
Directions to site (include. road numbers, landmarks.; etc.): Take 17 N to 172 to' 24 E to 70
E. Drive over the North River bridge. Turn right onto Bettie Path Road, which will lead into
site (see vicinity map).
5. Site coordinates, if available (UTM or Lat/Long): 34.7870°N 76.5984°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): 22.69 acres
7. Nearest body of water (stream/river/sound/ocean/lake):. North River
8. River Basin: Neuse 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:. This lot is forested or. in agricultural production. Adjacent
land use is undeveloped, agricultural or residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
This project will contain a residential subdivision with nine large lots. The applicant will
complete all planned roads and stormwater conveyances. Culverts will be installed at wetland
crossings and silt fences will be installed. 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.
Land Management Group, Inc. flagged the wetlands within the tract and Mr. Mickey Sugg of the
Ail.
Corps approved the delineation in the field. Copies of the wetland survey are included in this
application for his signature.
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 wetland impacts are'anticipated on this tract.
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.
Page 7 of 12
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.029 acre of 404 wetlands for two driveway crossings.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
I00-year Floodplain**.
(yes/no) Distance to
Nearest Stream
(linear feet)
Type.of Wetland***
1 Culvert/fill 0.020 yes -800 Forested wetland
2 Culvert/fill 0.009 yes -800 Forested wetland

* 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: - 4.5 acres
Total area of wetland impact proposed: 0.029 acre
3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts
Stream Impact
Site Number .
(indicate on map).,
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

* 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.usgs.gov. Several internet 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: N/A
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)
(if Name applicable) Wate) 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 N/A
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.):
Proposed use or purpose of pond. (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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 minimized impacts to wetlands as much as possible. However.. a wetland
finger cuts across two lots and small driveway crossings are needed in order to access uplands
within these lots. The paved driveways will be only 12' wide (with a 2 to 1 side slope) and will
be culverted to ensure passage of aquatic life.
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/stnnaide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because impacts have been reduced to 0.029 acre, no further mitigaation is presented.
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/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):
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 r;J
Page 10 of 12
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
(s are feet) Multiplier Required
Mitigation
1
2
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.
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
Page 11 of 12
r P
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 this site. Total proposed impervious cover will
consist of nine houses with driveways and a road, which Will, comprise approximately 4.5 acres
or 20% of the tract. The applicant will install silt fencing around the construction area to reduce
erosion into wetland areas.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The facility will use on-site wastewater treatment.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? 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).`
N/A
GJ
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.).,

Page 12 of 12
SITE
*Boundaries are approximate and are
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 79. (2003)
North River Estates
Wilmington Commercial Properties
Carteret County, NC
04-04-668
Land Management Group, Inc.
Environmental Consultants
VViilmington, N.C.
July 2005
SCALE 1" = 2.4 miles
Figure 1
Vicinity Map
SITE
*Boundaries are approximate and are
not meant to be absolute. SCALE 1" = 1,000 ft
Map Source: Williston Quadrangle 7.5 minute (topographic) 1990.
North River Estates Land Management Group, Inc. Figure 2
Wilmington Commercial Properties Environmental Consultants
Carteret County, NC Wilmington, N.C. USGS Topgraphic Map
04-04-668 July 2005

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AaA - Altavista loamy fine sand
Tm - Tomotley fine sandy loam
*Boundaries are approximate and are SITE
not meant to be absolute. SCALE 1" - 400ft
Map Source: NRCS Soils Map.
North River Estates Land Management Group, Inc.
Wilmington Commercial Properties Environmental Consultants Figure 3
Carteret County, NC Wilmington, N.C. Soils Map
04-04-668 July 2005
SITE
*Boundaries are approximate and are
not meant to be absolute.
Map Source: 1998 NAPP aerial photography
North River Estates
Wilmington Commercial Properties
Carteret County, NC
04-04-668
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
July 2005
SCALE 1" = 400ft
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Existing Grade
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NOTE: Final culvert specifications to be determined by project engineer.
North River Estates Land Management Group, Inc.
Wilmington Commercial Properties, LLC Environmental Consultants Typical Road
Carteret County, NC Wilmington, NC
Cross-Sections
Permit Application July 2005
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Rug '05 05 07:48a SIGNATURE HOMES STRUCTION 9107944202 p.2
y ?-$*= ac.- uc
08/05/2005 07:29 9104520060 L
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AGENT AUTHORIZATION FORM
TO WHOM IT MAY LONCERN:
Ilwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in. the
preparation: and represcntation of infonnation related to the permit application for the North
;p
bM s project located in Carterct County, NC. All questions in regards to this project
should be directed to Land Management Graup, Inc.

LAND MANAGEMENT GROUP, INC.
ENVIRONMENTAL CONSULTANTS
North Carolina Division of Water Quality 8/29/2005
Date Type Reference Original Amt. Balance Due Discount
08/29/2005 Bill Applicaton Fee 200.00 200.00
Check Amount
Q062242
Coastal Federal Bank 401 Water Quality Certification Application
25750
Payment
200.00
200.00
200.00