20060132 Ver 1_COMPLETE FILE_20060123

Y
EcosysLem
PROGRAM
RECEIPT
September 13, 2006
George Wojtech
203 East Colonnade Drive
Hampstead, NC 28443
Project:
County:
DWQ #:
USACE Action ID:
EEP No.
Amount Paid:
Check Number:
St. James Plantation, Lot 35
Brunswick
06-0132
200600502
ILF-2006-4357
$3,280.75
900
?5VEN4
S E P 2 a 1096
OENR, i'Elt ()UALITY
The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Wetland Credits Stream Credits Buffer I Buffer II
CU (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warn
Cape Fear
0 0.14 0 0 0 0 0 0
03030005
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact David Robinson at [phone].
Sincerely,
144-
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Farrell, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Doug Huggett, DCM-Morehead City
File
K"tDriKg... Ed"... Prat", oar state,
®`"A
WENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net
Or
1
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June 26, 2006
TO: Ms. Jennifer Frye
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Revised House Plan for Lot 935, Section 8 at St. James Plantation
(2769 Marsh Point Lane); Brunswick County, NC
Action ID# 200400296
Dear Jennifer:
CTT-
0l0-o13a,
ly/ane: 910-4152-0001
9,-ax: 910-152-0060
rcrcrv. /ny 101V1.nel
As we discussed, Mr. Wojtech has received a variance from St. James Plantation to place his
front steps within the front building setback. Enclosed is the revised house site plan that documents
this change. Total wetland impacts remain the same (0.07 ac).
Please let me know if you have any additional questions. Thank you for your assistance with
this project.
Sincerely,
?w?
Kim Williams
Wetland Scientist
Encl.
C: Mr. George Wojtech
Ms. Noelle Lutheran, DWQ
Mr. Ian McMillan, DWQ
D Jill. 0 7 2006
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/-? ? 404 WETLANDS IMPACT AREA
GAPAGE i Lot 35 Q-
o` sva-_ 48.402 s.f.
a 81 i_ a- , C.? m
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404 WETLAND WE o.4>t pool of Lol IDB .92'
i FEE FLD lC1CATED BY ? Nor.
MCHENRY SURVEYING Lot 36 y 25X of -11 27,23' y p", siii-i, wo, 02
?• vacant, left UI-1 16.2J'
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May 24, 2006
TO: Ms. Jennifer Frye
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Additional Information for Lot #35, Section 8 at St. James Plantation
(2769 Marsh Point Lane); Brunswick County, NC
Action ID# 200400296
Dear Jennifer:
'y/cne: 990-452-0001
J'-ax: 910-?52-0060
ararrra.fnrfftorraatet
Enclosed is the draft Conservation of Declaration document and associated wetland
preservation map for Lot 3 5 in St. James Plantation. Mr. Wojtech will record these documents shortly
after receiving the NWP 18 from your office. Please note that the proposed house site plan has
changed slightly from what was originally submitted. Total wetland impacts remain the same (0.07
ac).
Please let me know if you have any additional questions. Thank you for your assistance with
this project.
Sincerely,
I? 1, V"
Kim Williams
Wetland Scientist
Encl.
C: Mr. George Wojtech
Ms. Noelle Lutheran, DWQ
Mr. Ian McMillan, DWQ
[gtr---1[gV[RJ
MAY 2 6 2006
DENR. WATER QUALITY
VV-ETW4DS AND STOROXTER BRANCH
F)W Q 4?- 2-0C O l 3 z.
WETLAND PRESERVATION MAP FOR
GEORGE WOJTECH
LOT 35, SECTION 8. ST. JAMES PLANTATION
LOCKP:000 FOLLY TOWNSHIP. 2RUNSVOCK COUNTY
ST. JAMES , NORTH CAROLINA
0' 30' 60' 90'
7!ARSH POI NT T_Az
tS •i.21TES [5 RN E[P /\\
E2267310.Dd?
?TBM 8.85' EIP? ?
NIR
R 9K ?, i' A_ i 5g•
PRU-S E.P'BE,OB' V B-C-N 54'..:,
LOi 35
AREA NOT IN
90.21 5 S3. ET
_ 0.21 ACRES
In c_ -?
L2
?'I 3
w' VETLAN
7 OS CFILLF TARE _
PAJ . ..L4
J
nun • [
1 VIC.MTY 'd.AP NOT TO SCAT---
O
I 2T
, P"GERT E. WCHCNRY, A RLS CERTIFY THAT IH:S SLP'.LY
. r! a AsiTN PAPCEl OR FAR'r 07 LAND AND
DOES NOT C7EATE A NE'W STREET CF CHANGE AN
LMSRNG ST-_ET:
PO_ERT 0 Nc4ENRf, IA RLS REC.i NO. L-7521
ST.-JA"':ES, NO
MC 'X' PG 223 B.C.R.
LOT 36
THE LNOCPS LNCD HC'E3Y ACFNOWLDO,ES THAT THE
l"NOS -xlu ON THIS FLAT 15 n•IT,:IN TIE Su viS1ON
RCGULAT:GN AND J-RF SDOTION OF GRU^I,SW;IKRC.)UNTY
AND THAT 71:15 PLAT ALLOTACNT IS Mx FRCE ACT AND
G CO.
OWNEPS SGNPTORC
T-, LFR•IF:-S THAT THIS PLAT ACCURATELY DFF;C TS TIF PFl.-ARY :Y
iHF. A ICTI1, OF SCf. TI6N 414 DF TNF OF- -A R ACT PU;:lIUIT 10
THE 110 C-S l% FNGl-FRS WTiANOS 6CLINi AIICX -N:IAL A$ NTFI,IINrD By
HE I: 'HIS DATE. IINIf-`.S TYFRF 15 A CHa4GE IN TIE I.AW
R C RAP R. : ATUNS I' .S ?ETRWINA f'?N u Y DF R,I.I'I iI
F:% A Pc;; 14 i1K ,S FRCi,A TH,G PATE. Ivry, ATEfl 'W??I:. Ar:DS M WAITRS
14AT f - C (.,.i DF C; 1: R.-.i11-I HAYC 6EEN LA. ELCD 1. IHE 3I-El
VETLANZS LINE TABLE
LILAC I,EAkIN:S DISTANCE
LI N 34.3331' E 939'
L2 N 69'21'05' E 4610'
L3 S FS'42'1 ]• E 4395'
14 N ]3",15]' E 22.65'
",;.iC (s U.S PRUY C.n;? S 11 TLE [:AIC
EAPIP.ATYI CAT OF DCUNCATION:
L_A.;. ACDEN Q.
AREA OF PRESERVATION LINE! TABLE
LINE PE-15 DISTAN_E
LI N 34'3331' E 9C3'
L2 S 15'1254' E 34 C4'
L3 N 73'47'55' E 16.17'
L4 S 04'51'41' E 509'
L5
L6 N{ i471a5' E
N 2? 3L'41' V 11 E6'
5.09'
L7 N 734755' E 12.79'
LB S 61'12C5' E 424'
L9 N 734755' E 10 C9'
LIO N 29.4755' E 4.24'
Lll N 73'47'55 E 16 i2'
L12 N 16'12205' V 209'
113 N 73'47'55' E A.00'
L14 N 16'12'05' V 7.OD'
L15
L16 N 73'4L55' E
N 161 05' V 8.00'
1 14'
L17 S 1612 C5' E 5.07'
L18 N 73-47 55' E 11 AO'
L19 N 16'1205' V 1469'
L20 N 73'55'17' E 9S5'
POL
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SECTION 4
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CURVE TABLE FOR WETLANDS AREA OF PRESERVATION
CUPVE Pap IUS LC LENGTH CHORD LEN CHOPD FEaPI NG DELTA ANGLE TANGENT NOTE. --ERTY SHOWN HEREON IS LCCaTED IN
CI 1000' 1267' II.H4. S 52'3029• E 72'36'48' 7.35' FLOOD Ha?aRD _'.ONE 'a• vliH NO BASE ELEVATION
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COUNTY ENGINEER
DATE
J•'i13 NJMELH 04-0041 /O:i-G :45
FIEI.D POOM,: 5J-44
SCALE. 1 INCH . 30 FEET
MCHENRY SURVEYING
PROFESSIONAL LAND SURVEYOF
P.O. SOX 433 - 35L19 E. OAK ISL'V'.D D1
OAK ISLAND, N.C. 26405
TEL: [phone]
FAX: 91 ^u-278-3799
.V %
MODEL DECLARATION OF RESTRICTIONS
STATE OF NORTH CAROLINA
Brunswick COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of May,
2006, by [Mr. George Wojtech; 2776 Marsh Point Lane; Southport, NC] "Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately 0.83 acre, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any maimer that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
200300296 issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting

or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE 11. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
w Z
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of New Hanover County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Enviromnental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form]
'f O?O? V 4A
T ?9pG
r
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 22, 2006
Mr. George Wojtech
2776 Marsh Point Lane
Southport, NC 28461
Subject Property:
St. James Plantation, Lot 35, Sect. 8
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wojtech:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 060132
Brunswick County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.07 acres of wetlands for the purpose of constructing a single family
residence at the subject property, as described within your application dated January 12, 2006 and
received by the N.C. Division of Water Quality (DWQ) on January 23, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 1S or 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 or CANIA 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 0.07 (acres) Lot 35, Sect. 8
Waters N/A acres
Buffers N/A (square ft.)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-6 23-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: w,vw.ncwatcrquality.ore NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
. Vaturallll
Mr. Wojtech
Pave 3 of 3
March 22, 2006
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.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification 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.
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
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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7405.
Sincerely,
- -77?- -Z
Alan W. Klimek,
AWK/nnrl
Enclosures: GC 3402
Certificate of Completion
cc: Kim Williams, Land Management Group
Thomas Farrell, USACE Wilmington Regulatory Field Office
Ian McMillan, DWQ 401 Oversight Unit, Raleigh
Noelle Lutheran, WiRO File Copy
Central Files
{
a+,?, f
Filename: 060132.mar06
OF WATF?O Michael F. Easley, Governor
?O G William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
- Alan W. Klimek, P.E. Director
Division of Water Quality
March 22, 2006
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 IMORE INFORMATION
Dear Mr. Moncrieff:
DWQ Project # 20060132
Brunswick County
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 2H .0506 and will place this project on hold as incomplete until we
receive this additional information. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
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.
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/ncwetiands. 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 [phone] Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us NorthCarolina
An Equal Opportunity/Affirmative Action Employer-50°16 Recycled/10% Post Consumer Paper
11ylltllPllffi/
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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 F
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 i
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,
Noelle Lutheran
Environmental Specialist III
CBKlnml
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
E\i
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Filename: 060371.mar06
E

401 Projects
Subject: 401 Projects
From: Patricia Collins <[e-mail]>
Date: Thu, 23 Mar 2006 15:18:57 -0500
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>
The following projects were issued permits:
DWQ#: 2006 0132, St. James Plantation Lot 5 Sec 8, Brunswick Co.
DWQ#: 2005 2220 Alligator Bay Subdivision, Onslow Co.
DWQ#: 2005 2146 SeaWatch at Sunset Harbor, Brunswick Co.
Thanks,
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
1 of 1 3/23/2006 3:23 PM
Triage Check List
Date: 1/27/06 Project Name: St. James Plantation, Lot 35, Sec. 8
DWQ#: 06-0132
County: Brunswick
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 1/23/6 to 3/24/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (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!
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9t lmbiykn, ?11'62S403 January 12, 2006
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 WQC Application for Lot #35, Section 8 at St. James Plantation
(2769 Marsh Point Lane); Brunswick County, NC
Dear Noelle:
200601 3?
Wlicne: 910-452-0001
J,ccx: 910-452- 0060
tccac?.hr?tai?i.?acl
Enclosed is a 401 WQC application for your review. This application is submitted on behalf of
Mr. George Wojtech for a 1.11-acre lot located in St. James Plantation in Brunswick County, NC.
The applicant is proposing to build a home within the site. Although Mr. Wojtech has attempted to
minimize wetland impacts through careful site design, the location of the wetlands and local setbacks
have resulted in proposed wetland impacts of 0.07 acre. To offset these impacts, Mr. Wojtech
proposes to enhance and preserved wetlands on-site.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your
review. Please contact me if you have any questions or if an on-site visit is needed to evaluate the
proposed mitigation. Thank you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. George Wojtech
Mr. Tom Farrell, Corps
Ms. Cyndi Karoly, DWQ
Q???oer??
JAN 2 3 2006
DENR - WATER QUALITY
WETLANDS AND STORIMATER BRA14CH
Office Use Only: Form Version May 2002
232
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? 'Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 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) U 1 ??
II. Applicant Information
JAN 2 3 2006
1. Owner/Applicant Information
Name: Mr. George Wojtech DENR = tilEI?N??t+9fff9Rt WATER QUALITY
Mailing Address: 2776 Marsh Point Lane
Southport, NC 28461
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsna lm.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: St. James Plantation, Lot 35, Section 8 (2769 Marsh Point Lane)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 235EA028
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): St. James Plantation
Directions to site (include road numbers, landmarks, etc.): Take 17 S to 133 S to 211 N.
Take a left into St. James Plantation. Take a left onto Marsh Point Lane.'Lot 435 is on the
right (see vicinity rnap).-
5. Site coordinates, if available (UTM or Lat/Long): 33.9256° N 78.1164° W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 1.11 acres
T Nearest body of water (stream/river/sound/ocean/lake)
UT to AIWW
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/admii-/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 currently undeveloped and vegetated. Adjacent
land use is residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
The applicant will fill 0.07 acre of wetlands to bring it to the elevation of adjacent uplands. A
track hoe and bulldozer will be used to truck in and level spoil material. Silt fences will be
used to reduce erosion into adjacent wetlands. In addition a ditch that runs partially through
wetlands will be filled to the grade of adjacent wetlands as enhancement mitigation. Once
this is complete a house will be built within the property.
11. Explain the purpose of the proposed work: To build a residence and- associated side slope
within the lot.
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 and Mr. Tom Farrell of the USACE approved the line in on
March 2 2004 (Action ID# 200400296).
V. Future Project Plans
Are any future pen-nit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to detennine, 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 fill approximately 0.07 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 0.07 Yes -250 Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, tits,
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.fcina.Qov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.93 acre
Total area of wetland impact proposed: 0.07 acre
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)

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

* List each impact separately and identify temporary impacts. impacts include, but are not limited to: iui, 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 stortnwater 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. However, impacts could not be avoided because of the location of the
wetlands and a front setback of 40'.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits,. published in the Federal. Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to fill a ditch runniniz through the site. 74 LF of this ditch runs
through wetlands where no house construction will occur and will be filled to the grade of
adjacent wetlands as enhancement mitigation. In addition the remaining wetlands on site
(0.86 ac will be preserved using a deed restriction.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional infornnation regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Pale 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse); 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3'
2 1.5
Total
* 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.
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.
No impervious cover currently exists within the property. The proposed project (one house and
driveway) would create 0.16 acre of impervious cover, which is approximately 15% of the total
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 tie into the Town's sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? 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).
This lot was inspected for the presence of federally-protected species on 10/04/05. None were
observed.

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Ixisting Ditch to be Filled
of enhancement mitigation)
F/I
1-1
404 wetlands
ack
ent
p@ " 9.0WR P
JAN .2 3 2006
DENR - WATER QUALITY
ETLANDS AND STORMWATER BW4CH

Proposed wetland impacts (0.07 ac)
- - Existing ditch (to be filled)
Mr. George Wojtech Laid Management Group, Inc.
St. James Plantation; Marsh Point Ln En-ironmental Consultants
Brunswick County, NC Wilmington, N.C.
02-03-523 January 2006
SCALE 1" = 60'
Site plan showing
proposed wetland impacts.
#@@@gb
?D
JAN D
2 3 2006
AYAUA
e%cq
0+4'
0+2'
0+0'
H 2' wide ditch H

0+0' 0+1' 0+2' 0+3' 0+4' 0+5'
--- Current elevation
- New elevation
Mr. George Wojtech Lmtd iVannbemeut Group, Inc.
St. James Plantation; Marsh Point Ln Environmental Consultants
Brunswick County, NC NYlmington, NC
02-03-523 January 2006
Horizontal: I"= 2'
Vertical: V = 2'
Typical cross section
of ditch to be filled.
0+30'
0+20'
10' side sl
0+10, I
Al
0+0,
0+0' 0+10,
404 of
NVctlands vi
0+20' 0+30' 0+40'
Proposed House
55'
Uplands
0+50'
0+60'
0+70'
Marsh Point Lane
0+80'
A2
0+90' 1
E Areas to be filled (0.07 ac of wetlands)
--- Current elevation
- New elevation
Horizontal Scale: 1" = 10'
Note: Depicted elevations are estimates and are shown only to give relative relationships among areas.
Mr. George Wojtech Laud Manaaenient Group, Inc.
St. James Plantation; Marsh Point Ln Environmental Consultants Cross section of lot
Brunswick County, NC Wilmington, N.C. showing area to be filled.
02-03-523 January 2006
Jan 12 06 07:03p Creative Impressions 501 421 3214 p.l
01/1212006 13:04 9104520060 LANDMAMC7EMENT PAGE 02/02
AGENT AUMORIZATION FORivI
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the permit application for Lot #35;
Section S (2769 Marsh Point Lane) within St. James Plantation. All questions in regards to this
project should be directed to Land Management Group, Inc.
Sincerely,
.L
wnerl scant
?i?? /z- 7
Date
St. James Plantation
Lot 35, Section 8
(2769 Marsh Point Lane)
Mitigation Plan
Action ID# 200400296
Brunswick County, North Carolina
Prepared by:
Land Management Group, Inc.
Wilmington, NC
Prepared for:
Mr. George Wojtech
Southport, NC
January 2006
Table of Contents
List of Tables, Figures, and Appendices ................................................................................. ii
1.0 Introduction .............................................................................................................................3
2.0 Site Description .......................................................................................................................3
2.1 Wetlands .............................................................................................................................3
2.2 Soils ....................................................................................................................................3
2.3 Vegetation ...........................................................................................................................3
3.0 Mitigation .................................................................................................................................4
3.1 Wetland Enhancement ....................................................:...................................................4
3.2 Wetland Preservation .........................................................................................................4
4.0 Monitoring ...............................................................................................................................4
5.0 Implementation Schedule .......................................................................................................4
6.0 Summary ..................................................................................................................................5
i
List of Tables, Figures, and Appendices
Table 1. List of tree and shrub species to be planted within enhanced wetlands .....................6
Figure 1. Vicinity ma .........................................7
Figure 2. Topographic map ......................................................................................................8
Figure 3. Wetland survey ..........................................................................................................9
Figure 4. Soils map .................................................................................................................10
Figure 5. Site plan showing proposed wetland impacts and enhancement ............................11
Figure 6. Cross-sectional view of proposed enhancement area ..............................................12
Appendix A. Photographs of Site
H
1.0 Introduction
In order to mitigate for wetland impacts associated with building a residence within Lot #35,
Section 8 at St. James Plantation, Mr. George Wojtech agrees to fill a ditch running through wetlands
on-site and preserve all remaining wetlands. This tract is approximately 1.11 acres in size and is
located in Brunswick County, North Carolina (Figures 1 and 2).
The applicant proposes to enhance wetlands by filling a 2'-wide ditch to surrounding wetland
grade. A variety of shrubs and trees that are similar to vegetation growing in adjacent wetlands will
be planted in these areas. These proposed mitigation activities will compensate for 0.07 acre of
unavoidable impacts to forested non-riparian wetlands located within the property.
2.0. Site Description
2.1 Wetlands
Wetlands within the lot were delineated by Land Management Group, Inc. and were
approved by Mr. Tom Farrell of the U.S. Army Corps of Engineers on March 4, 2004 (Figure
3). The site contains 0.53 acre of wetlands that are adjacent to an unnamed tributary to the
Atlantic Intracoastal Waterway.
2.2 Soils
Soils within the wetlands are classified as Murville mucky fine sand. Uplands contain
Leon fine sand (Figure 4).
2.3 Vegetation
Vegetation within the wetlands consists of black gum (Nyssa aquatica) and pond pine
(Pinus serotina) in the canopy, pond pine and wax myrtle (Myrica cerifera) in the shrub
layer, and cinnamon fern (Osnzunda cinnantomea) in the herbaceous layer (Appendix A).
Upland vegetation is comprised of loblolly pine (Pinus taeda) in the canopy, with little shrub
or herbaceous vegetation.
3
3.0 Mitigation
3.1 Welland Enhancement
A 2'-wide ditch that runs through both uplands and wetlands will be filled (Figure 5).
Approximately 74' of this ditch is located in wetlands that. will not be disturbed by
construction and will be filled to the grade of adjacent wetlands (Figure 6). Native shrub and
tree species (Table 1) will be planted in this area at an 8-foot spacing (approximately 19
plants).
3.2 Wetland Preservation
All remaining wetlands (0.86 acre) will be preserved in perpetuity through a deed
restriction. This deed restriction will follow the Corps' standard language for this type of
mechanism.
4.0 Monitoring
A general site analysis will occur directly after mitigation activities have been
completed and will consist of taking photographs of the enhanced wetlands to evaluate initial
success. A small narrative will be written and submitted to the Corps office. From then on,
monitoring will occur annually for up to five years (if the Corps determines the site to be
successful prior to five years, monitoring will discontinue). During each monitoring event,
the vegetation within the enhanced area will be counted and identified. Success criteria will
be the survival of at least 70% of planted vegetation (13 plants), including acceptable
volunteers. A monitoring report that summarizes these results and includes photographs of
the mitigation site will be submitted to the Corps. Because of the small size of the wetland
enhancement area, hydrological monitoring will not occur. However, the survivorship of
wetland plants within the area will provide a good indication of hydrology.
5.0 Implementation Schedule
Wetland mitigation will commence as soon as all necessary pennits have been
obtained, with wetland vegetation planting occurring during the first winter season.
4
6.0 Summary
In order to mitigate wetland impacts that are associated with building a residence
within Lot #35, Section 8 of St. James Plantation, wetlands will be enhanced and preserved
within the site. Approximately 148 sf of wetlands will be enhanced by filling an existing
ditch that runs through wetlands. This enhanced area will tie directly to existing wetlands,
which will help to facilitate wetland enhancement success. In addition, native wetland
vegetation will be planted. Finally, the remaining wetlands (0.86 acre) will be preserved in
perpetuity through a deed restriction. These actions will compensate for 0.07 acre of wetland
impacts within the tract and fulfill the requirements of the U.S. Army Corps of Engineers.
5
Table 1. Tree and shrub species to be planted within the wetland enhancement area at Lot #35;
Section 8 in St. James Plantation. Vegetation is typical of existing on-site wetlands. Species to be
planted are based on nursery availability.
Common Name Scientific Name
Black Gum Nyssa sylvatica
Pond Pule Pinus serotina
Gallberry Ilex glabra
Wax Myrtle Myrica cerifera
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JAN2 3 2006
yy?NDS AND WATER QUAILITY
BRANCH
SCALE V = 2.4
Mr. George Wojtech Land Management Group, Inc. FIGURE 1.
St. James Plantation; Marsh Point Ln Environmental Consultants
Brunswick County, NC Wilmington, N.C. Vicinity map.
02-03-523 January 2006
i

Southport, NC Quad Sheet
map produced -1 C.I. = 5 feet TR@12V%q§1
JAN 2 3 2006
The boundary information contained
on this map has been overlaid with DENR - WATER QUALITY
no ground control. Information as wETLANDSMos.r
shown is approximate and not meant
to be absolute. Boundary information
taken from St. James lot location map. SCALE 1 " - 1000'
St. James Plantation Land Management Group, Inc. FIGURE 2.
Lot 35 - Section 8 Environmental consultants U.S.GS. 7.5'
Marsh Pant Lane Wilmington, N.C. Quad Sheet
Brunswick County, NC
r_Vf JMR7_ildflA-Mr January, 2003

i
i
i

PLAT OF SURVEY FOR
GEORGE WOJTECH
LOT S5. SECTION S. ST JAMES PLANTATION
LOCKWOOD FOLLY TOWNSHIP, 9RLWSWICA COUNTY
ST JAMES, NORTH CAROI INA
0' 30 ' 60 90'
.O1 18
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BOUMNh OF Dt .NMSdC- IIY ]ELBA 1M K IN,
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BY nx UAOEP40NE? S DATE. UMDSS MUE M A
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SECTION 8
ST. JAMES PLANTATION
ST. JAMES, M.C.
MC '%' PO 223 P.CA.
a
D:
JAN 2 3 006
*M4N sANDSTnail.C Al[ Ty
LOT 4
NOTE, PROf'ERTY SHOVN HEREON IS LDCATED IN
,I
FLOOD NAZARD ZME 'A' VITH NO SASE ELEVATION
DETERMINED NET, F.IRII. COM0.NITI ND 370235' '
PANEL M .360, SIffFIX 'E'. DATED 4/91. ?'-
LOT 11
FIGURE 3
WETLAND SURVEY:.
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As sPERIGLLV nArFD OR 104 ?.?CE UNOERw0.w
SUPFTlN90N FRON ACTU f1ELD ;O .?(ESSIp } RI TlE4 RAT, Ms 9.a KY DC[s MOi PvPPCP AS .. AHC BASED *ES .. ... -. .: 1
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"u
41
The boundary information contained
on this map has been overlaid with
no ground control. Information as
shown is approximate and not meant
to be absolute. Boundary information
taken from St. James lot location map.
SCALE 1" = 1000'
St. James Plantation Land Management Group, Inc. FIGURE 4.
Lot 35 - Section 8 Environmental Consultants Brunswick Cot,
Marsh Point Lane Wilmington, N.C. Generalized Soil
Brunswick County, NC January. 2003
r_ 1M-ft'%-1-MA lA-- ,A,
'LA
Y
R11@11MR,
JAN, 2 3 2006
DENR-WATER QUAUTY
WETLANDS AND STDRMWATER BRANCH
ixisting Ditch to be Filled
of enhancement mitigation)
ack
.ent
• f_
,!!.I
r1rN
•? ?r
? JAN?,'? ;, 2.OOo
I 404 wetlands
E Proposed wetland impacts (0.07 ac)
- - Existing ditch (to be filled)
Mr. George Wojtech Land Management Group, Inc. FIGURE 5.
St. James Plantation; Marsh Point Ln Environmental Consultants Site plan showing
Brunswick County, NC Wilmington, N.C. proposed wetland impacts.
02-03-523 January 2006
0+4' 1
0+2' 1
0+0' '
0+0' 0+1' 0+2' 0+3' 0+4' 0+5'
--- Current elevation
- New elevation
Q
JAN, 2 3 2006
UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Horizontal: 1" = 2'
Vertical: V'= 2'
Mr. George Wojtech Land Management Group, Inc. FIGURE 6.
St. James Plantation; Marsh Point Ln Environmental Consultants Typical cross section
Brunswick County, NC Wilmington, NC of ditch to be filled.
02-03-523 January 2006
I
1
APPENDIX A. Photographs of Site

Mr. George Wojtech Land Management Group, Inc.
St. James Plantation; Marsh Point Ln Environmental Consultants
Brunswick County, NC Wilmington, N.C. Appendix A. Photos of site.
02-03-523 1 January
Ditch in wetlands (approximately 2' wide).
MAIM-
-,Ecosystem
PROGRAM
INVOICE
July 7, 2006
DWQ#: 06-0132 LPF II
COE#: 200600502
Ms. Kim Williams
Land Management Group, Inc.
P O Box 2522
Wilmington, NC 28402
Project: St. James Plantation, Lot 35 County: Brunswick
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 21-1.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call David Robinson at 919-715-5835.
Riparian Wetlands 0 acres x $ 26,246.00
Non-Riparian Wetlands 0.25acres x $ 13,123.00
Saltwater Wetland 0 acres x $131,230.00
Stream 0 linear feet x $ 219.00
Buffer - Zone 1 0 square feet x $ .96
Buffer - Zone 2 0 square feet x $ .96
Total amount of payment
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program
for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Ralei h NC 27699-1652
$ 3,280.75
$ 3,280.75
Q?c??oe?D
JUL 1 R 2006
g ' 1,f DDENR - WATER QUAU7y
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a requ0est foP"`A BRANCH
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Farrell, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
rot- ,GL9 01,W Stu t&
Rut-ord... 'E... Prot-",
`CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net