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HomeMy WebLinkAbout20060128 Ver 1_COMPLETE FILE_20060123?!CO _ stem PROGRAM September 22, 2006 Wes Fryar Land Management Group 3805 Wrightsville Avenue Wilmington, NC 28403 oL F OLo-0128 Project: NC 87, Lot 13, Section 25W, Boiling Spring Lake County: Brunswick The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone I Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Cape Fear 0 0.5 0 0 0 0 0 0 03030005 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 715-5835. Sincerely, 22 ?j rmD.ilmore, PE -- LL Director cc: t, yndi Karoly, Wetlands/401 Unit Tom Farrell, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington (? n(V7? D Doug Huggett, DCM-Morehead City ?w1 (s F. 0 ?'J D File lzutvri ... OCT 2 2006 TA ... PrOtectu-i? OGLY Stan, 1F?t6 NR yet aD?ENR - WATER QUALITY North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27b? RVY`?6iW-VAIUMN ww.nceep.net Michael F. Easley, Governor O?O? VA T ??QG T, William G. Ross Jr, Secretary t' North Carolina Department of Environment and Natural Resources -i Q 'C Alan W. Klimek, P.E. Director Division of Water Quality May 11, 2006 DWQ Project #060128 Brunswick County Mr. George Moncrieff M&M Rentals 310 Charlestowne Road Boling Springs Lake, NC 28461 Subject Property: George Moncrieff Property 9J), NC 87, Lot 13, Sect. 25W, Boiling Springs Lake MAY I TJ ,?Ll?rt) Approval of 401 Water Quality Certification with Additional Conditions Di_ Dear Mr. Moncrieff You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.50 acres of wetlands for the purpose of constructing a commercial building and associated parking at the subject property, as described within your application dated January 18, 2006 and received by the N.C. Division of Water Quality (DWQ) on January 23, 2006, and additional requested information received on April 11, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3402 (WQC3402). The Certification allows you to use Nationwide Permit 39 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 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 impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream N/A (feet) 404 Wetlands 0.50 acres Site Plan Waters N/A (acres) Buffers N/A (square ft.) North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington Regional Office Wilmington, NC 28405-3845 An Equal Opportunity/Affirmative Action Employer- 501/6 Recycled/10% Post Consumer Paper Phone (910) 796-7215 Customer Service 1 -877-623-6748 FAX (910) 350-2004 Internet: www.ncwaterquality org NorthCarolina Natlrrally George Moncrieff Page 2 of 3 May 11, 2006 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 c6ntractor-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. 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 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that George bfcncrieff Page 3 of 3 May 11, 2006 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 Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7405 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. AWKInml Enclosures: WQC 3402 Certificate of Completion Sincer y; CZ Alan W. Klimek, P.E. cc: Henry Wicker, USACE Wilmington Regulatory Field Office Ian McMillan, DWQ 401 Oversight Unit, Raleigh DLR Wilmington Regional Office Noelle Lutheran, DWQ Wilmington Regional Office, File Copy Central Files Filename: 06012 8. may06 WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS) 41 (RESHAPING EXISTING DRAINAGE DITCHES) 42 (RECREATIONAL FACILITIES) 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 213 .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-11 or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B.0213 (WS-II), 213.0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 26 .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites', all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401 /Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 Certification of Completion DWQ Project No.: County: Applicant: Project Name: Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Date: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date 401 Projects Subject: 401 Projects From: Patricia Collins <Patricia.Collins@ncmai1.net> Date: Fri, 12 May 2006 09:43:15 -0400 To: Ian McMillan <Ian.McMillan@nemail.net>, Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Doug Huggett <Doug.Huggett@ncmail.net>, henry.M.Wicker.JR@saw02.usace.army.mil The following projects were issued 401 permits: 2006 0128 George Moncrieff Property, Brunswick County 2006 0590 James Chamblee, New Hanover 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: 910-796-7217 Fax: 910-350-2004 1 of 1 5/12/2006 9:44 AM Triage Check List Date: 4/13/06 Project Name: G. Moncrieff, NC87 DWQ#: 06-0128 County: Brunswick f To: Noelle Lutheran, Wilmington Regional Office 60-Day processing time: 4/11/06 to 6/09/06 From: Cyndi Karoly Telephone: (919) 733-9721 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 (Neuse, 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! RE: G Moncreiff DWQ # 06-0128 (NOT 06-0132) Subject: RE: G Moncreiff DWQ # 06-0128 (NOT 06-0132) From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Tue, 11 Apr 2006 11:03:04 -0400 To: noelle Lutheran <Noelle.Lutheran@ncmail.net> Noelle - Received response back from hold letter issued o/o WiRO. They showed 06-0132, as does your hold letter -- however, the correct project number for George Moncreiff is 06-0128. Laurie 1 of 1 4/11/2006 11:03 AM ?OF WATFRQ Michael F. Easley, Governor ?O G William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources > L,jW Alan W. Klimek, P.E. Director Division of Water Quality March 22, 2006 d8 DWQ Project # 200601,31 Brunswick County CERTIFIED MAIL: 7004 2890 0002 3418 1838 RETURN RECEIPT REQUESTED Mr. George Moncrieff M & M Rentals 310 Charlestowne Road Boling Springs Lake, NC 28461 Subject Property: NC, Lot 13, Sect. 25W, Boling Springs Lake REQUEST FOR MORE INFORMATION Dear Mr. Moncrieff: On January 23, 2006, the Division of Water Quality (DWQ) received your application dated January 18, 2006 to impact 0.5 acres of wetlands to construct the proposed commercial building and associated parking/loading area. The 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 to impact 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 211.0506 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. Your application states that you are applying for a Nationwide 18; however, wetland impacts in the excess of 0.10 acres does not qualify for a Nationwide 18. Please clarify. 2. Your application states that an on-site wastewater system will be used for the project. Please show where this system will be located on the site plan based on health department approval. 3. A 75' front setback is shown on the proposed site plan. Can this setback be reduced to minimize wetland impacts (is it required by the City or NCDOT)? 4. Please provide a draft copy of the deed notification language that you will be required to record as a condition of the requested 401 Certification. A sample deed notification is attached and can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 'The purpose of this requirement is to notify future property owners, in the event you sell the land, that there are jurisdictional wetlands on the property that require authorization from the appropriate agencies to impact. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us One An Equal Opportunity/Affirmative Action Employer- 50°16 Recycledl10% Post Consumer Paper NorthCarolina Naturallu M & M Rentals Page 2 of 2 March 22, 2006 Please respond within three weeks of the date of this letter by sending this information to me in writing and Cyndi Karoly of the DWQ 401 Oversight Unit in Raleigh. 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. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please me at 910-796-7405 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, iL t& ,T ?o? Noelle Lutheran Environmental Specialist III CBK/nnd Enclosures: Sample Deed Notification cc: Wes Fryar, Land Management Group Ian McMillan, DWQ 401 Oversight Unit Thomas Farrell, USACE Wilmington Regulatory Field Office Noelle Lutheran, WiRO File Copy Central Files Filename: 060371.mar06 CCIICIt-ACCIICC ejne>ZG 6'wV,, J()ec. II"hojti)tejt/ctI'60imtI//ttlt/S %os f ???i''cc ?Av.1 472,2 r(!'rrin?un ?torvm' '/ TO: Ms. Noelle Lutheran NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 .JAa/r:.'I /0-/•i 1-000/ J_ax: O-?,5? -006-0 rrrr•m/nib it rr?i. irr/ April 06, 2006 r\.r ? 2016 FY Cat RE: Additional Information Requested 401 Water Quality Certification/NWP 39 Application for Mr. George Moncreiff NC 87, Lot 13, Sect. 25W, Boiling Spring Lakes, Brunswick County, NC DWQ Project #: 200601,31 ag Dear Noelle: I have received a copy of a letter dated March 22, 2006 from your office in which you have requested additional information regarding the 401 Certification/NWP 39 Application submitted on behalf of George Moncreiff for NC 87, Lot 13, Section 25W, Boiling Spring Lakes, NC. Below is a response to each of your concerns. Please reference the attached documents when reading these replies: 1: Your application states thatyou are applyingfor a Naliomvide 18; however, tivetland impacts in the excess of 0.10 acres do not qualify for a Nationwide 18. Please clarify. The Nationwide 18 as sent in the initial application is a typo and should be changed to a Nationwide 39. See attachment for correct sheet. 2: Your application states that an on-site wastewater system will be used for the project. Please show where this system will be located on the site plan base on health department approval. Because of minimal staff and a warehouse setting, incinerator commodes will be used as a waste removal system. Sanitizers will be used in place of running water. No on-site waste water system is proposed. 3: A 75' front setback is shoivn on the proposed site plan. Can this setback be reduced to minimize wetland impacts (is it required by the City or NCDOT)? The NC DOT owns a 150' right-of-way for NC 87. This equals 75' out from the centerline of the road. The City of Boiling Spring Lakes has a 75' setback off of the NC 87 right-of-way for future plans of possible making the highway a four lane highway. This setback cannot be reduced, and all wetland impacts have been minimized to the maximum extent. 4: Please provide a draft copy of the deed notification language That you will be required to record as a condition of the requested 401 certification. See attachment. Please feel free to contact me at 910-452-0001 after reviewing the enclosed information if you need anything or have any further questions. Thank you for your continued attention to this project. Sincerely, Wes Fryar Wetland Scientist Encl. Mr. George Moncreiff Cyndi Karoly, NCDENR, 401 Oversight Unit, Raleigh Thomas Farrell, USACE Wilmington Regulatory Field Office Office Use Only: Form Version May 2002 USACE Action ID No. 200501049 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 39; GC3402 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: ? II. Applicant Information 9 1. Owner/Applicant Information ?1 +, 1 APR 1 A ?!1!:n Name: Mr. GeoriZe Moncrieff Mailing Address: M & M Rentals 310 Charlestowne Road " Boiling Springs Lake, NC 28461 Telephone Number: (910) 262-6074 Fax Number: 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: Mr. Wes Fryar Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 Wilmington, NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: wfryara ,lmroup.net Page 5 of 12 Brunswick County-Register of Deeds Robert J. Robinson Inst 0323434 Book 2363Page 781 04/03/2006 10 t46: 49am Rec#RO J 0`0 RET Qt.E TOTAL EV TC# REC# CK AMT Clt# CASH-REF By Date: L{ " Z p E' COMPLIANCE WITH WETLAND & BUFFER REGULATIONS In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded in the QUNSwi(1?. County Registry prior to the onveyance of lots. Said Deed Notification shall apply to name of subdivision, lot numbers in QUAK J4-- County, North Carolina as shown on•plans titled (insert-q i= name) prepared by _ (insert name of designer) dated date! "rtf We, L-6 Tt %3 G7ec-tfot?S 060 80,1106 :6AQ11V4 "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: ?OW-4 P o N Ynbf?Ca i , 551-; Address: 3 t b ld w /" Fa z) City, State, Zip Code: G D, l r/J C?, 6P P- IP4 h P, /I C-?S- IA (•- -z - 2OR4e, Phone Number: t- l1D -2& 7? Inst 4 323434 Book 2363Page:•782. I, Rebecca A. Cummings a Notary Public for the State of North Carolina and the county of Brunswick do attest that Polly Ann Moncrieff did sign the attached copy of the Compliance With Wetland & Buffer Regulations, this the 03rd day of April 2006. ??Ca j. ?rnro"Yr2?p V Rebecca A. Cummings, Notary ,. M1 OFFICIAL SEAL Notary Pubiic, North Carolina F: County of Brunswick REBECCA A. CL MI NGS My Commission Expires My Commission Expires April 30, 2006. 401 Project/HOLD Subject: 401 Project/HOLD From: Patricia Collins <Patricia.Collins@ncmail.net> Date: Fri, 24 Mar 2006 14:54:07 -0500 To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, Ian McMillan <Ian.McMillan@ncmail.net> The following project was put on hold on 03/22/2006: DWQ#: 2006 0128, G. Moncrieff, NC 87 Lt 13 Sec 25, 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: 910-796-7217 Fax: 910-350-2004 1 of 1 3/24/2006 2:55 PM III ® North Carolina Wildlife Re Richard B. Hamilton, MEMORANDUM urces ie Director To: Cyndi Karoly NC DENR/DWQ From: Steven H. Everhart, PhD Southern Coastal Coordinator Habitat Conservation Program { fission ? Date: February 16, 2006 RE: George Moncrieff - Lot 18 Sec 25W Boiling Spring Lakes, DWQ Application 20060128, Brunswick Co. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject application for impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and 404 of the Clean Water Act (as amended). The project site is located on the west side of US 87 Approximately 0.5 1 intersection Wildwood Drive in Boiling Spring Lakes. The 5 acre site is with approximately 87 percent of the property consisting of Section 404 Surrounding land use is residential and undeveloped. The applicant proposes to create a buildable lot and construct a commercia associated parking. Plans submitted with the application show an 11,250 s associated parking and storage. The project will impact approximately 0.5 wetland through filling. There are approximately 4.36 acres of wetlands o proposes to mitigate for these impacts through buying into the NC EEP foi 0.50 acre of non-riparian wetland. It is unlikely that the project will impact threatened or endangered species. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Telephone: (919) 707-0220 • Fax: (919) 7074 heast of its y undeveloped wetland. ilding with building with e of forested e. The applicant restoration of NC 27699-1721 1I Triage Check List Date: 1/26/06 Project Name: G. Moncrieff, NC87, Lot 13, Sec 25W DWQ#: 06-0128 County: Brunswick To: Noelle Lutheran, Wilmington Regional Office 60-Day processing time: 1/23/6 to 3/24/06 ' From: Cyndi Karoly Telephone: (919) 733-9721 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! yG'lI1C'lll ?J'!!1!!/?, ?JI1C. G (f)Ie4o /11roI,r( %o.l/???t?c? I-.:;12 Wilitin'71ci[, 'riinli»ri 2402 vo[r[trV .%iiutrh /11i'ri, ./'nib Ili/xn1Vh"JI January 18, 2006 TO: Mrs. Cyndi Karoly Division of Water Quality 1650 Mail Service Center R „ Raleigh, NC 27699 20060128 RaRk !@# JAN CJ 2 3 2006 li ANST?'QUALITy TER6??? .%%o[t[ :.9in-?.;2 -0001 .%n.P: 910-4-72-0060 [r[[^nr. /ill IV wyl.jld RE: 401 Water Quality Certification Application for Mr. George Moncrieff NC 87, Lot 13, Section 25W, Boiling Spring Lakes, Brunswick County, NC Dear Cyndi: Enclosed is a NWP 18 application for your review. This application is submitted on behalf of George Moncrieff for a project located off NC 87 in Boiling Spring Lakes, Brunswick County, NC. The applicant proposes to fill approximately 21,780 ft2 or 0.5 acres of jurisdictional wetlands for the purpose of building a commercial building and associated parking/loading area. In the site design of this project, all impacts were minimized to the maximum extent. 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, '^!e-?- A . C,- ---I - Wes Fryar Wetland Scientist Encl. George Montcrieff Tom Farrell; USACE Noelle Lutheran; DWQ Office Use Only: Form Version May 2002 2 0 0 6 0 8 USACE Action ID No. 200501049 DWQ No. 1 2 (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 II. Applicant 2. Nationwide, Information "Regional or General Permit Number(s) Requested: NWP 18; GC3402 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 Management Area of Environmental Concern (see the top of page 2 for further detail { - L??? SAN ? 3 2006 ?ENR . wATE 1. N?er/Applicant Informat?n George Monerieff E1??AtdOSTq?r?tiQ ? e? Mailing Address: M & M Rentals 310 Charlestowne Road Boiling Springs Lake, NC 28461 Telephone Number: (910) 262-6074 Fax Number: 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: Mr. Wes Fryar Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 Wilmington, NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: w arnlmg_roup.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: NC 87, Lot 13, Sect. 25W, Boiling Springs Lake 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 1560000702 4. Location County: Brunswick Nearest Town: Boiling Spring Lakes Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take 17 S to NC 87 S. Follow NC 87 south to Boiling Spring Lakes. Lot will be on the right approximately '/z mile past Wildwood Dr SE. 5. Site coordinates, if available (UTM or Lat/Long): N 34.0399 W 78.0787 (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): 5 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Boiling Springs Lake 8. River Basin: Cape Fear 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 site is undeveloped. Adjacent land use is undeveloped or residential. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The applicant proposes to construct a building and associated parking lot within the lot. Fill material will be trucked in to the area needed for construction. Additional material may be trucked in if needed A track hoe and bulldozer will be used to level spoil material. Silt fences will be used to reduce erosion into adjacent wetlands. 11. Explain the purpose of the proposed work: To construct a building and associated parking area. 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. 404 wetlands were delineated on site by Land Management Group, Inc. Mr. Tom Farrell of the USACE confirmed the line on 10105. The wetland survey is included in this application. 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. 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 aT)nroximately 0.50 acre of 404 wetlands. 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** (es/no Distance to Nearest Stream linear feet) Type of Wetland*** 1 Fill 0.50 no -2640 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: 4.36 acre Total area of wetland impact proposed: 0.50 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.uses.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.maRquest.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 No open water impacts 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 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. In the site desian of this nroiect. wetland impacts were avoided and minimized to the maximum extent practicable. Because of local setbacks, the annlicant has used as much buildable land as ossible to carry out the proposed project. 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/ncwetiands/strm.ide.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 proposes to mitigate for wetland impacts by buying into the NC EEP for Non- Riparian wetlands at a 1:1 ratio. 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 (919) 733-5208 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/Nvm/index.litm. 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): 0.50 acres 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 (919) 733-5083 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 (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. 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 property. Total proposed impervious cover will consist of a 75' x 150' building which will be 0.071 acre, or 1.5% of the total site. Gravel will be used for the associated parking lot. The applicant will install silt fencing around the construction area to reduce erosion into wetland areas. 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. The lot will rely on an on-site wastewater system. X111. 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 -1/\J Applicant%Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 r 1 4 r 4 `. i 1 %R%RW LN be Z V 1 w? { r? f? i *Boundaries are approximate and are SITE not meant to be absolute. Map Source: DeLorme: NC Atlas & Gazetteer, page 87, 2003. t 4 y ? ' to J + /t F? D JAN 2 3 2006 MM AO 3 TTORMWATER B CH George Moncreiff M&M Rentals Land Management Group, Inc. NC 87, Lot 13, Sect. 25 W Environmental Consultants Boiling Spring Lakes Wilmington, N.C. Brunswick County November 2005 SCALE 1" = 1 Figure 1 Vicinity Map *Boundaries are approximate and are not meant to be absolute. Map Source: 1998 NAPP aerial photography ' -`- SITE SCALE 1" = 500' M&M Rentals Land Management Group, Inc. Figure 2 NC 87, Lot 13, Sect. 25 W Environmental Consultants Boiling Spring Lakes Wilmington, N.C. Aerial Photograph Brunswick County November 2005 ?p ST EoRMA U"ER BRA???' 6 ,0% "Boundaries are approximate and area *ft%? SITE not meant to be absolute. Map Source: NRCS Soil Survey, Brunswick County, page 12, 1986. M&M Rentals NC 87, Lot 13, Sect. 25 W Boiling Spring Lakes Brunswick County Land Management Group, Inc. Environmental Consultants Wilmington, N.C. November 2005 SCALE 1" = Figure 3 Generalized Sc z@TgVTD 3 2006 JAR I DENR • WATnq? wETl,grlp8 MID ST . *Boundaries are approximate and are SITE not meant to be absolute. Map Source: 7.5' Topographic Map, Funston Quad, 1990. George Moncreiff M&M Rentals Land Management Group, Inc. NC 87, Lot 13, Sect. 25 W Environmental Consultants Boiling Spring Lakes Wilmington, N.C. Brunswick County November 2005 SCALE 1" = 500' Figure 4 Topographic Map *Boundaries are approximate and are not meant to be absolute. -`- SITE D [A @Tad9 p JAN- 2 3 2006 pENR -WATER Q WETLANDS AND STORI?NI m BRANCH SCALE 1" _ Map Source: 7.5' Topographic Map, Funston Quad, 1990. M&M Rentals Land Managem NC 87, Lot 13, Sect. 25 W Environmenta Boiling Spring Lakes Wilmingi Brunswick County Novem Group, Inc. 2005 Figure 5 Topographic Aerial Over k? n 0 ?l rL A4 I yr JlR<vr r r vK POLLY MONCRIEFF LOT 13. SECTION 25W, BOXING SPRING LAKES MOW CREEK TOWNSHIP, 8RUNS'NICK COUNTY 8RiR4SWICK COUNTY, NORTH CAROLINA 200' 300' LOT 12 N/r STrrXTUR6L TECwf°LCGTES, INC. D, 2:99 vG 910 SCR 1 16 19 TAKER G 9:5 --FTY Si10" "Ukr"Y G IL" na200 ZOV r•a90?? 5' Buffer allotted for slope grade around parking lot, 20' Buffer with 5' buffer Included o?~- - allotted for south side of building for maintenance access. - _-_ ? ;0A355' _ -? ? x9.90• V :v xE r? ? G ;tba , •'1 r? m y Ra C pC a LOT 14 N/r STATE r NOR7« CAROLINA 88 '.763 VG 1287 11"CA Total Wetland Fill = 0.50 ac o? 3 tip06 ?EE< 4i n 1111 EA' AN THE M CA' *Boundaries are approximate and are SITE not meant to be absolute. Map Source: Survey from McHenry Surveying.. SCALE 1" = 200 feet George Moncreiff M&M Rentals Land Management Group, Inc. NC 87, Lot 13, Sect, 25 W Environmental Consultants Figure 6 Boiling Spring Lakes Wilmington, N.C. Site Plan Brunswick County November 2005 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project/ Site: NC 87, Lot 13, Sect. 25W, Boiling Spring Lakes Date: 8/24/2005 Applicant / Owner: George Moncreiff County: Brunswick Investigator: Christian Preziosi State: NC Do normal circumstances exist on the site? Yes X No Community ID: WET Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: DPI Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Afagnolia virginiana T FACW+ 9. 2. Lyonia hicida S FACW 10. 3. Ilex glabra S FACW 11. 4. Cyrilla racemiflora S FACW 12. 5. Smilax lauri£olia H FACW+ 13. 6. Woodwardia virzinica• F OBL 14. 7. _ 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: Data point meets wetland vegetation criterion as described in the 1987 Wetlands Delineation Manual. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators - Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other Inundated _ X Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: 12 (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 12 (in.) Water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: 12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Data point meets wetland hydrology criterion as described in the 1987 Wetlands Delineation Manual. SOILS Map Unit Name (Series and Phase): Leon fine sand Drainage Class: very poorly drained Taxonomy (Subgroup): Aerie Alaquods Confirm Mapped Type? Yes No _X Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 10 YR 3/1 Mucky sand 6-12 E 10 YR 7/1 fine sands oose 12-20 Bh 5 YR 3/1 loamy fs/weakly cemented Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor X Organic Streaking in Sandy Soils _Aquic Moisture Regime X Listed On Local Hydric Soils List Reducing Conditions X Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Datapoint meets wetland soil criterion as described in the 1987 Wetlands Delineation Manual. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No Hydric Soils Present? Yes X No Remarks: 34.0413° N, 78.0811°W (WGS84/NAD83) Applicant: George Moncreiff M&M Rentals 310 Charlestown Rd. Boiling Springs Lake, NC 28461 Agent: Wes Fryar Land Management Group, Inc. P.O. Box 2522 Wilmington, NC 28402 910-452-0001 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: NC 87, Lot 13, Sect. 25W, Boiling Spring Lakes Date: 8/24/2005 Applicant / Owner: George Moncreiff County: Brunswick Investigator: Christian Preziosi State: NC Do normal circumstances exist on the site? Yes X No Community ID: UP Is the site significantly disturbed (Atypical situation)? Yes No X TransectID: DP2 Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pinus palustris T FACU+ 9. 2. Leonia lucida S FACW 10. 3. Ilexlabra S FACW 11. 4. Smilax rotundifolia H FAC 12. 5. Pteridium aquilinran F FACU 13. 6. 14. 7. _ 15. 8, 16. Percerit_of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 60% Remarks:, Data point meets wetland vegetation criterion as described in the 1987 Wetlands Delineation Manual. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: _ Other _ Inundated _Saturated in Upper 12" No Recorded Data Available _ Water Marks Drift Lines Field Observations: Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: >20 (in.) Secondary Indicators: ' Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: >20 (in.) _ Water-Stained Leaves X- Local Soil Survey Data Depth to Saturated Soil: >20 (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: Datapoint does not meet wetland hydrology criterion as described in the 1987 Wetlands Delineation Manual. SOILS Map Unit Name (Series and Phase): Leon fine sand Drainage Class: very poorly drained Taxonomy (Subgroup): Aerie Alaquods Confirm Mapped Type? Yes No X Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 10 YR 3/2 fine sand/sg/loose 6-16 E 10 YR 7/2 fine sands oose 16-20 Bh 10 YR 3/1 loamy fine sand Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime X Listed On Local Hydric Soils List _ Reducing Conditions X Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: Datapoint meets wetland soil criterion as described in the 1987 Wetlands Delineation Manual. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes_ No X Hydric Soils Present? Yes X No Remarks: 34.0413° N, 78.0811°W (WGS84/NAD83) Applicant: George Moncreiff Agent: Wes Fryar M&M Rentals Land Management Group, Inc. 310 Charlestown Rd. P.O. Box 2522 Boiling Springs Lake, NC 28461 Wilmington, NC 28402 910-452-0001 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the determination of jurisdictional wetland boundaries on the subject property, NC 87, Lot 13 Sect. 25W, Boiling Springs Lake, PIN 15600007.02_. By way of this form, Uwe additionally authorize access to the site by representatives of the US Army Corps of Engineers and/or the NC Division of Coastal Management for the purpose of reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional wetland determination should be directed to Land Management Group, Inc. Please provide the following information: Property Address and Parcel ID Number: 13-9ea/- 2.6-0 42? 4 ° Current Property Owner Name: POLJ- ?( f'n v?.5e f? t -t=I Owner Address & Phone Number: _31 D ? ?. P 07 A22j= 146/ Please circle Yes or No for the followine auestions: I/We are the current owners: Yes No I/We are under contract to purchase the subject property: Yes D- I/We are under option to purchase the subject property: Yes I/We have no legal interest in subject property: Yes 2N6 ) (i.e. speculative request - NOTE: Site access will be restricted without notice/authorization by current owner) ?lly ABM Aox)(xtEFF Print Owner's Name dl"?? ` , / a?) Owner's ignature (not required if under contract or under option) Cl> 6 5 Date Prin Applicant's Name Appl' ant's Signature 0 7- cD S- Date PLAT OF SURVEY FOR POLL Y MONCRIEFF LOT 15, SECTION 25W, BOILING SPRING LAKES m TOWN CREEK TOWNSHIP, BRUNSWICK COUNTY C.) BRUNSWICK COUNTY, NORTH CAROLINA 0- 0' 100' 200' 300' 1y ' 1 i 1, 1 1 LOT 12 1 N/F STRUCTl1RAL TE[DN0.0GIES 20.68' El ? Z t n , fNG DB 2099 PG 910 rn a4 ? S BCR _PlIL V, . ? $ DI E 1p44S5- _ - ? i P? i - - VETLANDS AS FOND FLAGGED 9/11/05 1 v . CW A LITT 16 1 - - - . LBT 13 - - - 217799.3 Sr FTC - - -1233'1 - • .. 1 jp £ EIS - _ _ _ 3.00 ACRES - - - b J 1619' m 1( y . - DII2055 PG 1061 - BCR POL n + Z - - - - PBVER d ? c ' PolE 1 1 o . - .. - . . . - - 04355' ? Z o - VI 1 - - (ION S IV d LBT IS N/F D DO FOREST BAKER - - d p DB 451 PG 915 LOT 14 BLYR N/F ETR STATE OF NORTH CA.RO.MA DR 1763 PG 1287 ` BCR l IRS CERTFIES THAT THIS RAT ACCURATELY DEPICTS THE BOUNDARY CF DE LRSWCTION OF SECIRJI 404 OF THE CLEAN WATER ACT PURSUANT TO THE 1957 CORPS OF DIONEER5 WIUIDS DELINEATION MANUAL AS LE DIMMED BY IRE UNDERSIGNED ON THIS DATE UNLESS THEM IS A CHANCE N THE LAW OR OUR PUBLISHED RECULATRNS INS DETEFUNATKN MAY BE RELIED UPON FOR A PERIOD OF FIVE YEARS FR M TINS DAZE ISOLATED WETLANDS OR MATRS THAT ARE OUT OF CORPS JUMMCTION HAVE BEEN LADDID ON THE SURVEY. NOTE SIGNATURE OF US ARMY COPS FTUE DATE THE PROPERTY SHOWN HEREON IS OF ENGINEERS OHOAL NOT N A FLOOD HAZARD ZONE. EXPIRATION DATE OF OUNEATIOE USAGE ACTION u °x Vl , 4A THE UNDERSIGNED HOEBY ACOIO'MEDCES THAT THE LAND SHOWN ON TICS PUT IS WITHIN THE S18pW9pN REGULATION AND JURISOICRON OF BRUNSWICK COUNTY AND THAT TINS MT ALLOTMENT K MY FREE ACT AND DEED OWNERS SIGNATURE L ROBERT B MdENlY. R RLS CERTFY ]NAT VIS SURVEY IS OF AN ETUSING PARCEL OR PARCELS OF LAD AND DOES NOT CREATE A NEW STREET OF CHANCE AN DUSTING STREET. ROBERT EL UcHENRY, A CS wo. -7521 L RENEW (RFPCR CF WIKOI M I COUNTY, SM THAT TIE YAP OR PUT CF WI KM HS CFRTRIG oN S AFTDTD VEER ALL STAMORY REOUIREAFNTS FOR RECORDING. RDING. RENEW OFFICER TMS PUN HAS BEEN RENEWED FOR EASEMENTS ONLY AND HAS BEEN APPROVED FOR EASEMENTS ONLY BY THE COUNTY ENGINEER. COUNTY ENGINEER DATE @ ?WaeIlD IV 2 3 9,, I VA D r114? L CH STATE OF NORTH CAROLINA BRUNSWICK COUNTY 1. ROOERT B. M. HENRY. JR. CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION; THAT THE RATIO OF PRECISION AS CALCULATED BY LATITUDE AND DE- PARTURES IS 10.000' +. THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM IN- FORMATION FOUND N BOOKS FolmE NCB. THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY HARD AND SEAL THIS THE 2ND DAY CF NOA@Ot AD. 2005. / LAND _ ?. ?ESSlp? y! 3RD ?s SEAL o L-3521 F 1r m'sy?y0 {OF ?P +V SURV6 y.?. EXCEPT AS SPECIFICALLY STATED DN SWAN ON THIS RAT. THIS SURVEY DOES NOT PURPORT M REFLECT ANY OF THE FOLLOWING V"CH MAY BE APPLICABLE TO THE SUOECT REAL ESTATE EASE- MENTS O= THAN POSSBIE USEIIENIS THAT WERE VISIBLE AT THE TIME OF MAKING OF DNS SNVLY: BUILDING SET- BACK UNES RESTIOCTIVE COVENANTS; SMM53ON RESTRICTIONS ZM41NG OR OTHER LAND USE REGULATIONS AND ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY OSC.OSE THE LOCATION OF UNDERGROUND UTA- ITIES AS SHOWN HEREON ARE BASED ON ABOVE GROUND STRUCTURES AND RECORDED DRAWINGS PROVIDED THE SIRVEIUL LOCATIONS OF UNDERGROUND UTKITIES/STRUCTURES MAY VARY FROM LOCATIONS SHOWN EE.IEON, ADDITIONAL BURIED UTIUDES/STRUCTURES MAY BE ENCOUNTERED. NO EXCAVATIONS WERE MADE DURING 111E PROGRESS OF THIS SURVEY TO LOCATE BURIED UTUUTIES/ STRICTURES DATE SEPTEMBER 11, 2005 SNVET' BY: JA, EM DRAWN BY: C.KEMEDY. TROCRS SCALE- I NCR -I DO FEET .E-B EAIYCR 05-1158 FEUD BOOK: LEGEND: E7P . . DOSING NRON R RON PEPSCUfDFGUM)IN1 NPIPR NEW IRON PPE SET N . WHEW RR NR ? NCW NRON RW SET TBM . TEMPORARY BENCH MARK M HENRY SURVEYING FESSIONALLAND SURVEYOR P.O. BOX433.9.509E OAKISLAND DFL OAK ISLAND, N.C. 28465 TEL: 910-278-9874 FAX 910-273-3799 VICINITY MAP NOT TO SCALE Office Use Only: Form Version May 2002 USACE Action ID No. 200501049 DWQ No. 2 0 0 6 0 1.2 8 (If anv narticular item is not amlicable to this oroicct, 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 18: GC3402 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: ? II. Applicant Information 0 1. Owner/Applicant Information JAN 2 3 2006 Name: Mr. George Montcrieff i DENR - WATER gi,,,I7 "D 5 ?tcH Mailing Address: M & M Rentals 310 Charlestowne Road Boiling Springs Lake, NC 28461 Telephone Number: (910) 262-6074 Fax Number: 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: Mr. Wes Fryar Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 Wilmington, NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: yfaarQa 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: NC 87, Lot 13, Sect. 25W, Boiling Springs Lake 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 1560000702 4. Location County: Brunswick Nearest Town: Boiling Spring Lakes Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take 17 S to NC 87 S. Follow NC 87 south to Boiling, Spring Lakes. Lot will be on the right approximately '/z mile pas t Wildwood Dr SE. 5. Site coordinates, if available (UTM or Lat/Long): N 34.0399 W 78.0787 (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): 5 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Boiling Springs Lake 8. River Basin: Cape Fear 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 site is undeveloped. Adjacent land use is undeveloped or residential. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The applicant proposes to construct a building and associated parking lot within the lot. Fill material will be trucked in to the area needed for construction. Additional material may be trucked in if needed A track hoe and bulldozer will be used to level spoil material. Silt fences will be used to reduce erosion into adjacent wetlands. 11. Explain the purpose of the proposed work: To construct a building and associated parking area. 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. 404 wetlands were delineated on site by Land Management Group, Inc. Mr. Tom Farrell of the USACE confirmed the line on 10105. The wetland survey is included in this application. 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. 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 approximately 0.50 acre of 404 wetlands. 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** (es/no Distance to Nearest Stream linear feet) Type of Wetland*** 1 Fill 0.50 no -2640 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://wwiv.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: 4.36 acre Total area of wetland impact proposed: 0.50 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.uses.,,ov. 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 No open water impacts Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbod (if applicable) y 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. In the site design of this nroiect. wetland impacts were avoided and minimized to the maximum extent practicable. Because of local setbacks. the annlicant has used as much buildable land as ossible to carry out the proposed proiect. 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.litml. 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 mitigate for wetland impacts by burg into the NC EEP for Non- Riparian wetlands at a 1:1 ratio. 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 (919) 733-5208 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://ii2o.enr.state.ne.us/Nvm/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): 0.50 acres 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 (919) 733-5083 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* (square afeet) Multiplier M tig t on 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 Page 11 of 12 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 property. Total proposed impervious cover will consist of a 75' x 150' building, which will be 0.071 acre, or 1.5% of the total site. Gravel will be used for the associated parking lot. 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 lot will rem on an on-site wastewater system. 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 'InJ Applicant%Agent's Signaiure Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 r 1 4 r 4 `. i 1 %R%RW LN be Z V 1 w? { r? f? i *Boundaries are approximate and are SITE not meant to be absolute. Map Source: DeLorme: NC Atlas & Gazetteer, page 87, 2003. t 4 y ? ' to J + /t F? D JAN 2 3 2006 MM AO 3 TTORMWATER B CH George Moncreiff M&M Rentals Land Management Group, Inc. NC 87, Lot 13, Sect. 25 W Environmental Consultants Boiling Spring Lakes Wilmington, N.C. Brunswick County November 2005 SCALE 1" = 1 Figure 1 Vicinity Map *Boundaries are approximate and are not meant to be absolute. Map Source: 1998 NAPP aerial photography ' -`- SITE SCALE 1" = 500' M&M Rentals Land Management Group, Inc. Figure 2 NC 87, Lot 13, Sect. 25 W Environmental Consultants Boiling Spring Lakes Wilmington, N.C. Aerial Photograph Brunswick County November 2005 ?p ST EoRMA U"ER BRA???' 6 ,0% "Boundaries are approximate and area *ft%? SITE not meant to be absolute. Map Source: NRCS Soil Survey, Brunswick County, page 12, 1986. M&M Rentals NC 87, Lot 13, Sect. 25 W Boiling Spring Lakes Brunswick County Land Management Group, Inc. Environmental Consultants Wilmington, N.C. November 2005 SCALE 1" = Figure 3 Generalized Sc z@TgVTD 3 2006 JAR I DENR • WATnq? wETl,grlp8 MID ST . *Boundaries are approximate and are SITE not meant to be absolute. Map Source: 7.5' Topographic Map, Funston Quad, 1990. George Moncreiff M&M Rentals Land Management Group, Inc. NC 87, Lot 13, Sect. 25 W Environmental Consultants Boiling Spring Lakes Wilmington, N.C. Brunswick County November 2005 SCALE 1" = 500' Figure 4 Topographic Map *Boundaries are approximate and are not meant to be absolute. -`- SITE D [A @Tad9 p JAN- 2 3 2006 pENR -WATER Q WETLANDS AND STORI?NI m BRANCH SCALE 1" _ Map Source: 7.5' Topographic Map, Funston Quad, 1990. M&M Rentals Land Managem NC 87, Lot 13, Sect. 25 W Environmenta Boiling Spring Lakes Wilmingi Brunswick County Novem Group, Inc. 2005 Figure 5 Topographic Aerial Over k? n 0 ?l rL A4 I yr JlR<vr r r vK POLLY MONCRIEFF LOT 13. SECTION 25W, BOXING SPRING LAKES MOW CREEK TOWNSHIP, 8RUNS'NICK COUNTY 8RiR4SWICK COUNTY, NORTH CAROLINA 200' 300' LOT 12 N/r STrrXTUR6L TECwf°LCGTES, INC. D, 2:99 vG 910 SCR 1 16 19 TAKER G 9:5 --FTY Si10" "Ukr"Y G IL" na200 ZOV r•a90?? 5' Buffer allotted for slope grade around parking lot, 20' Buffer with 5' buffer Included o?~- - allotted for south side of building for maintenance access. - _-_ ? ;0A355' _ -? ? x9.90• V :v xE r? ? G ;tba , •'1 r? m y Ra C pC a LOT 14 N/r STATE r NOR7« CAROLINA 88 '.763 VG 1287 11"CA Total Wetland Fill = 0.50 ac o? 3 tip06 ?EE< 4i n 1111 EA' AN THE M CA' *Boundaries are approximate and are SITE not meant to be absolute. Map Source: Survey from McHenry Surveying.. SCALE 1" = 200 feet George Moncreiff M&M Rentals Land Management Group, Inc. NC 87, Lot 13, Sect, 25 W Environmental Consultants Figure 6 Boiling Spring Lakes Wilmington, N.C. Site Plan Brunswick County November 2005 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: NC 87, Lot 13, Sect. 25W, Boiling Spring Lakes Date: 8/24/2005 Applicant / Owner: George Moncreiff County: Brunswick Investigator: Christian Preziosi State: NC Do normal circumstances exist on the site? Yes X No Community ID: WET Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: DPI Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. llfa,ylolia virginiana T FACW+ 9. 2. Lyonia hicida S FACW 10. 3. flex.elabra S FACW 11. 4. Cyrilla racemiflora S FACW 12. 5. Smilax latrrifolia H FACW+ 13. 6. Moodwardia virginica F OBL 14. 7. _ 15. a, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 100% Remarks: Data point meets wetland vegetation criterion as described in the 1987 Wetlands Delineation Manual. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge X Aerial Photographs Primary Indicators: Other Inundated _ X Saturated in Upper 12" No Recorded Data Available _ Water Marks Drift Lines Field Observations: _ Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: 12 (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 12 (in.) _ Water-Stained Leaves X_ Local Soil Survey Data Depth to Saturated Soil: 12 (in.) FAG-Neutral Test Other (Explain in Remarks) Remarks: Datapoint meets wetland hydrology criterion as described in the 1987 Wetlands Delineation Manual. SOILS Map Unit Name (Series and Phase): Leon fine sand Drainage Class: very poorly drained Taxonomy (Subgroup): Aerie Alaquods Confirm Mapped Type? Yes No X Profile Description: Depth . . Matrix Colors . Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 10 YR 3/1 Mucky sand 6-12 E 10 YR 7/1 fine sands oose 12-20 Bh 5 YR 3/1 loamy fs/weakly cemented Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor X Organic Streaking in Sandy Soils _Aquic Moisture Regime X Listed On Local Hydric Soils List _Reducing Conditions X Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Data point meets wetland soil criterion as described in the 1987 Wetlands Delineation Manual. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No Hydric Soils Present? Yes X No Remarks: 34.0413° N, 78.0811 OW (WGS84/NAD83) Applicant: George Moncreiff Agent: M&M Rentals 310 Charlestown Rd. Boiling Springs Lake, NC 28461 Wes Fryar Land Management Group, Inc. P.O. Box 2522 Wilmington, NC 28402 910-452-0001 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: NC 87, Lot 13, Sect. 25W, Boilinc Spring Lakes Date: 8/24/2005 Applicant / Owner: George Moncreiff County: Brunswick Investigator: Christian Preziosi State: NC Do normal circumstances exist on the site? Yes X No Community ID: UP Is the site significantly disturbed (Atypical situation)? Yes No X Transect 1D: D132 Is the area a potential problem area? Yes No X Plot 1D: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pinus palustris T FACU+ 9. 2., LVonia hicida S FACW 10. 3. Ilex jlabra S FACW 11. 4. Smilax rotrnn ilia H FAC 12. 5. Pteridium aquilinum F FACU 13. 6. 14. 7. _ 15. 8. 16. Percent.of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 60% Remarks: Data point meets wetland vegetation criterion as described in the 1987 Wetlands Delineation Manual. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other _ Inundated -Saturated in Upper 12" No Recorded Data Available _ Water Marks Drift Lines Field Observations: Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: >20 (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: >20 (in.) _ Water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: >20 (in.) FAC-Neutral Test _ Other (Explain in Remarks) Remarks: Datapoint does not meet wetland hydrology criterion as described in the 1987 Wetlands Delineation Manual. SOILS Map Unit Name (Series and Phase): Leon fine sand Drainage Class: very poorly drained Taxonomy (Subgroup): Aerie Alaquods Confirm Mapped Type? Yes No X Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 10 YR 3/2 fine sand/sg,/loose 6-16 E 10 YR 7/2 fine sand/s oose 16-20 Bh 10 YR 3/1 loamy fine sand Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _Aquic Moisture Regime X Listed On Local Hydric Soils List Reducing Conditions X Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Datapoint meets wetland soil criterion as described in the 1987 Wetlands Delineation Manual. WETLAND DIFTERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes_ No X Hydric Soils Present? Yes X No Remarks: 34.0413° N, 78.0811°W (WGS841NAD83) Applicant: George Moncreiff Agent: M&M Rentals 310 Charlestown Rd. Boiling Springs Lake, NC 28461 Wes Fryar Land Management Group, Inc. P.O. Box 2522 Wilmington, NC 28402 910-452-0001 AGENT AUTHORIZATION FORM F@tROWL91 JAN.2 3 2006 itiETLV gNpSTOR1PA UFSa trH TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the determination of jurisdictional wetland boundaries on the subject property, NC 87, Lot 13 Sect. 25W, Boiling Springs Lake, PIN 15600007.02. By way of this form, Uwe additionally authorize access to the site by representatives of the US Army Corps of Engineers and/or the NC Division of Coastal Management for the purpose of reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional wetland determination should be directed to Land Management Group, Inc. Please provide the following information: Property Address and Parcel ID Number: 13i 4cc 2s-0 Current Property Owner Name: P©L(. L( }'Y1 b ? t e-Fl Owner Address & Phone Number: '_? t D,,?• 0 Please circle Yes or No for the following auestions: We are the current owners: Yes' No I/We are under contract to purchase the subject-property: Yes We are under option to purchase the subject property: Yes We have no legal interest in subject property: Yes N (i.e. speculative request - NOTE: Site access will be restricted without notice/authorization by current owner) Print Owner's Name Owner's ignature (not required if under contract or under option) Date Prin Applicant's Name Appl' ant's Signature 3"' - 7-<D -5- Date C3 C3 L3 0. N cq A N PLAT OF SURVEY FOR POLL Y MONCRIEFF LOT 13, SECTION 25W, BOILING SPRING LAKES TOWN CREEK TOWNSHIP, BRUNSWICK COUNTY BRUNSWICK COUNTY, NORTH CAROLINA 0' too' 200' 300• ??? OWNERS SIGNATURE 1 1 L ROBERT 8. MdE)RY, R 9S CERTIFY THAT THIS SURVEY LOT 12 , IS OF AN E10STING PARCEL OR PARCELS OF LAND AND GOES NOT CREATE A NEW STREET OF CHANGE AN N/F 20.88' TELE 0 Z E051NG STREET; STRUC DRTURAL TED*JCL 1GIES, INC. m ?? P 2099 PG 910 r 6 cI 1S BCR + 1 l C ROBERT EL UdIENRY, R qS -3521 -POL J a 1 - - VETLANDS AS FOUND FLAGGED 9/11/05 11 p BRUNSWICK QTY, CERTIFY THAT IKER U?AP OR PUT TO _ - REtCH,VlAENR?FORB RECORD ALL STATUTORY 0 LIIf 16 i - - _ 1 21779993SCL FT`- - - -1233'1 v 0• ? v £ 5.00 ACR.S _ n '? - 16]9' i r REVIEW OFFICER EIS - - - - 'DR 2055 PG 1064 - - P0. J Pall Z . - - - - - ECR. PBVER 1 POLE ZT?1 THIS PUN HAS BEEN P.ENEWED FOR °o - - - - IOA3'S5, y O EASEMENTS ONLY AND HAS BEEN U APPROVED FOR EASEMENTS ONLY BY LOT 15 t - -. - - S -T5•49'00 d':1 THE COUNTY ENCNEER. N/F m - - 3 C3 FOREST BAKER - - cl z DB 451 PG 915 - LOT 14 BCR N/F COUNTY ENGINEER EIR STATE OF NORTH CAROLINA 1 DR 1783 PG 1287 BCR 1 DA 1 V JAN 9 D IRS CERTES THAT IM PUT ACCURATELY DEPICTS TIE BOUNDARY OF DE JURISDICTION OF SECTION 404 OF THE DEAN WAIER ACT PURSUANT TO DE IflD CORPS OF DA0IEIRS IEXANDS MJCATKN MANUAL AS DEIDUIIED BY TIE UNDCRSIGI D ON THIS 01 TE UNLESS THERE IS A CHANGE M THE LAW OR OUR PINNED REG IATIOIS THIS DETRI/NAIKN MAY BE RELIED LPOH FOR A "CD OF FIE )FARTS DOLE IRS DATE ISOLATED WETLANDS OR WATERS THAT ARE OUT OF CORPS AP.-WTION HAVE BEN UCS.UD ON THE SUM". NOTE TE PROPERTY SHOWN HEREON IS SOIATURE OF US ARMY CUPy$ TILE DATE NOT IN A FLOOD HAZARD ZONE. O ENGINEERS OFFICIAL OPlM170H OAT: or DBAEATIDN, USAGE ACTON Q THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE LAND SHOWN ON TIES PUT IS WIDEN THE SUBOIHSION REGULATION AND JJPJMCTON OF BRUNSWICK COUNTY AND THAT THIS CUT ALL.OTUOT IS NY FREE ACE AND DEEM DENR vv :STANCE DI,'hI? 7.92' ?YV UCf STATE OF NORTH CAROLINA I, ROBERT B. McHENRY, JR. CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL FEED SURVEY MADE UNDER MY SUPERVISION; THAT THE RATIO OF PRECISION AS CALCULATED BY LATITUDE AND DE- PARTURES IS 10,000' +; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM IN- FORMATION FOUND N BOOKS REFERENCED. THAT THIS NAP WAS PREPARED IN ACCORDANCE WITH C.S. 47-30 AS AMENDED. WITNESS NY HAND AND SEAL THIS THE 24D DAY,CF NOVEMBER A.D. 2001 e?ESSIDNY`s ?'. SEAL o G L-3521 ; NINE EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PUT. THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING V"C" MAY BE APPUCABLE TO THE SUBJECT REAL ESTATE_ EASE- MENTS, OTHER THAN POSSEIIE EASEMENTS THAT WERE VISIBLE AT THE TIME OF MAKING OF THIS SURVEY; B1111DING SET- BACK LINES; RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS: ZONING OR OTHER LAND USE REGULATIONS AND ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE THE LOCATION OF UNDERGROUND UTIL- ITIES AS SHOWN HEREON ARE BASED ON ABOVE GROUND STRUCTURES AND RECORDED DRAWINGS PROVIDED THE SURVEYOR. LOCATIONS OF UNDERGRONO UTUIIES/S7RUCT1RES MAY VARY FROM LOCATIONS SHOWN HEREM ADDITIONAL BURIED UTRUTES/STRUCTURES MAY BE ENCOUNTERED. NO EXCAVATIONS WERE MADE DURING THE PROGRESS OF THIS SURVEY TO LOCATE BERRIED UTIUTIES/ STRUCTURES. DATE SEPTEMBER 11. 2005 SIBRVEY BY: Jti SU DRAWN BY; CKD EDY, TROBRS SCJIE• 1 NCH .100 FEET J03 NUMBER 05-1156 FIELD BOOC LEGEND: RCE DFLP -. E10SRNG MR RCN PPE FOFOUHO F SET NP - NEW VI NOM pNWSET R E UMGNON R00 HEM NON R TEU . TEMPORARY BENCH DARK McHENRY SURVEYING PROFESSIONAL LAND SURVEYOR P.O. BOX 433.8509 E OAK ISLAND DIL OAK ISLAND, N.C.28465 TEL: 910.178-9874 FAX: 910-278-3799 VICINITY MAP NOT TO SCALE North C ?t?t5ilgdr?1}'AC?uti?T1t}?'3Y Date Type Reference 01/18/2006 Bill Permit Fee 1/18/2006 26673 Original Amt. Balance Due Discount Payment 200.00 200.00 200.00 Check Amount 200.00 o ? 3 tip06 JAN RQ?r?-????+ ??DS Ej OSS?Xt1P? Coastal Federal Bank NWP 18 Permit Fee t O` O?r,S? W 200.00