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TO: Ms. Joanne Steenhuis
401/Wetlands Unit
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
February 18, 2005
RE: CG 3402 for Lowes Home Improvement
Pender County, NC
Dear Joanne:
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Enclosed is a revised NWP 39 application for Lowes Home Improvement in Sneads Ferry,
NC. The applicant has changed the site plan to include only a Lowes Home Improvement Store
with sufficient parking. The total wetland impact for this project is.48 acre. The NCEEP has
accepted a request for payment into their program for mitigation. Please see attached letter. As
you have requested in your January 27, 2005 letter, included is a copy of the Jurisdictional
Determination, a cross-section of the wetland fill area, and a revised site plan that reflects
requested changes.
Please contact me if you have any questions or concerns. Thank you for your assistance
with this project.
Sincerely,
C
l Ci
/ dd
V
Environmental Technician
Encl.
Cc: Mr. Todd Simmons, Freeland and Kauffman, Inc.
Ms. Noelle Lutheran, DWQ
a[9@[KVF=5
FEB 2 3 2005
Office Use Only: DENR-VJATERQUALIN Version May 2002
??ETU,1iDS AND STOFtdJJATER ERN, h
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
M 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39; GC 3402
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4.
5. 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:
6. 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
Enviromnental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Lowes Home Improvement
Mailing Address: c/o Mr. Nicky Wagoner
Highway 268, East Dock
North Wilkesboro. NC 28659
Telephone Number: [phone] 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: Ms. Amy Luddy
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: aluddyg1mgro p.net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lowes Home Improvement;
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Pender Nearest Town: Hampstead
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Wilmington, take Hwy 17
N into Pender County. Site will be on the right, approximately '/2 mile south of the
intersection where Highway 210 splits from Hwy 17. (see vicinity map).
5. Site coordinates, if available (UTM or Lat/Long): 34.430° N 77.6083° 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): 37 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Virginia Creek
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.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Adjacent land use is commercial. The property currently is
undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
applicant plans to construct a Lowes store and necessary parking to serve the building.
11. Explain the purpose of the proposed work: To build a Lowes Home Improvement facility
within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date pen-nits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc in September of 2004.
Ms. Lillette Granade of the U.S. Army Corps of Engineers signed the wetland survey on October
29, 2004 (Action ID9 200401045).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permit requests are anticipated for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant proposes to fill 0.48 acre of 404 wetlands.
2. Individually list wetland impacts below:
Page 7 of 12
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 0.48 No 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://wwww.fema.eov.
*** 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: 8.17 acres
Total area of wetland impact proposed: 0.48 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?
( leasespecify)

* 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., wlvw.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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
Page 8 of 12
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
)
Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation 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.
Durine the site design of this nroiect, the applicant minimized 404 wetland impacts as much as
possible. Several tracts of land were evaluated and this one was chosen because it has the
greatest amount of uplands on which to build.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
Page 9 of 12
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
littp://li2o.enr.state.nc.us/ncwetiands/strmgide.litm1.
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.
To mitigate for 0.48 acre of wetland impacts, the applicant proposes to pay into the NCEEP
mitigation program. Please see attached letter of acceptance from NCEEP.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.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): .96
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) land?
Yes ? No
Page 10 of 12
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and snap 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 213 .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 3U teet perpendicular trom near banK oI cnannel; Gone 1 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
N/A
XI. Stormwater (required by DWQ)
Page i l of 12
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no current impervious cover on site. The proposed impervious cover will consist of one
building (-4.7 ac) and associated paved surfaces (-6.5 ac). Total proposed impervious cover
would be approximately -11.2 acres which is 30% of the entire site. A stormwater plan and a
sedimentation and erosion control plan are currently being developed.
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.
An on-site septic system will be used.
XIII. Violations (required by D`VQ)
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
210105
. 1 . c t/ e s ignature I Date
(Agent's signature is vali only if an authorization letter from the applicant is provided.)
Page 12 of 12
Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2003 p. 84.
NWP 39; GC 3402 application Land Management Group, Inc.
Lowe's Home Improvement Environmental Consultants Site Location Map
Pender County, NC Wilmington, N.C.
03-04-457 January, 2005
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Lowe's Home Improvement Environmental consultants Topographic
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03-04-457 January, 2005 Quadrangle
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Map Source: Soil Survey of Pender County, Sheet 15
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200401045 County: Pender U.S.G.S. Quad: Holly Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Nicky Wagoner Agent: Craig Turner
Land 11lana ement G
Q9 19111r-
Address: Highway 268, Fast Dock Post Office Box 2522 ry „

North Wilkesboro, NC 28659
Wilmington, NC 284 Q
?
Telephone No.. [phone] [phone] FFB
232005
Property description:
Size (acres) 80 acres
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USGS HUC Coordinates N 34.4530 W 77.6083
licl1
Location description The property is approximately 80 acres in size and is located in headwaters of Virginia Creek,
on the south side of Hwy 17/210, on the west side of an existing BP Gas Station, approximately M, mile south of the
intersection where Hwv 210 splits from Hwy 17, north of Ham pstead, Pender County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of.the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 IJSC 4 1344). Unless there is a change in the law or our published regulations, this
determination maV he relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on October 29, 2004. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area `fannement
Act (CAMA). You should contact the Division of Coastal Nfanagement in Wilmington North Carolina at (910)
395-3900 to determine their requirements.
Page 1 of 2
Action ID: go0yolog5
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Lillette Granade at (910) 2514829.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is part of a broad continuum of wetlands connected to Virginia Creek, a tributary of the Intracoastal Waterway.
Determination is based on information provided by Crain Turner of Land Ntanagement Group, Inc. and a field visit by
Lillette Granade on July 21, 2004.
Remarks:
Corps Regulatory Official: 0-4-" -dz?
Date October 29, 2004 Expiration Date October 29, 2009
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS r1ND,
REQUEST FOR t1PPEAL
Applicant: Nicky Wagoner File Number: 200401045 Date: October 29, 2004
Attached is: a signed wetland survey See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at littp://www.tisiec.ariiiy.iiiil/iiiet/ftiiictiolls/c\v/ceewo/re or
Corps regulations at 33 CI'R Part 33 L
A: INITUL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections; or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

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L440 6821 N69.27'53'E
ESP ASSOCIATES P.A.
enginee7'ing.surueying•plann7ng
4553-7 T=hnclogy Drive
FiZmingfm6 FC 28405 [phone]
LINE LENGTH BEARING
L44 1 38.6 0 S76'02'O6'E
L44 2 61.1 8 NL6'47'33'E
L44 3 41.6 2 N51'40'49'E
L44 4 654 0 N01'54'26'V
L44 5 67,6 6 N37'07'25'E
L44 6 526 3 N59'41'30'E
L44 7 59.7 0 S39'31'36'E
L448 55.76 S01'18'37'E
L449 81.38 S16'55'35'V
L45 0 62.75 S13'49'39'V
L45 1 53.62 S13'55'26'V
L452 6550 S02'I0'05'E
L453 54.86 S50'55'32'V
L454 44,97 S03'04'57'E
L455 48,52 S81-14-49-E
L456 19.18 S71'21'3G'E
L457 27.51 N21'04'31'E
L458 50.99 N16'28'55'E
L459 5293 N47.57'10'E
L460 35,48 1447'32'54'V
L461 63.42 N00.01'02'V
L462 5921 N12'25'40'E
L463 4249 N05'56'19'V
L464 57.21 N14'56'47'E
L465 53.03 N17'17'34'E
L466 5686 N82 35'47'E
L467 12,99 N37'30'24'E
L468 33.79 N62'0728'V
L469 33.90 N50'5952'V
L470 52.16 N45'5728'V
L471 59.99 N29'47'57'V
L472 30.38 SCl'59'03'E
L473 7735 S82'42'32'E
L474 65.44 NOO'16'33'V
L475 49,06 N33'52'33'E
1-476 176.90 N83'28'28'E
L477 17,13 S79'25'05'E
L478 25.58 N87'22'25'E
1-479 36,74 NG1.OO'01'E
L480 32.35 N58'23'21'E
L481 19.43 N72'11'2I'E
L482 28,00 N7024'43'E
L483 16,491 N7524'03'E
L484 27.78 S04'55'23V
L465 2233 S15'54'18'V
L486 17.41 S11'52736'V
L497 1560 S43'00'16'V
L488 3389 S23'3756'V
L489 35.59 S34'15'39'V
L490 37.22 N84'19'41'V
L491 46.22 S70'48'36'V
L492 3&77 S69'17'33'V
L493 21,87 S66'40'02'V
L494 22.02 S21.31'53'V
L495 31.61 S61.12'31'V
L496 28.65 S12'45'41'V
L497 32.20 S85'45'5FE-
L498 28.64 N7523'20'E
L499 27.33 S71'35'03'E
L500 34,46 S20'16'25'V
L501 4917 S57'07'36'V
L502 3379 N75'43'38'V
L503 27.65 S46'40'25'V
L504 32.77 N84'06'34'V
L505 34.59 S75'17'56'V
L506 17.29 SDI'43'3G'V
L507 3533 N88'19'16'E
L508 61.46 S84'57'20'E
L509 36.69 N8876'04'E
L510 43.58 S55'37'08'E
L511 5376 S69'26 '23'V
L512 45.71 S39'50'40'V
L513 5593 N78'37'35'E
L514 49.06 N84'05'32'E
L515 57,36 N14'19'27'E
L516 20.98 S89'38'12'E
L517 59.78 S04'06'58'E
L518 244D SD1'07'46'V
L519 2589 S09'42'05'E
L520 41.91 S19'12'14'V
L521 34.40 T4-1:-17 34'E
L522 49.86 S11'11'4G'E
L523 25.95 S46'08'12'V
L524 31.84 N24.48'41'E
L525 4562 N43'05'54'E
1-526 3152 N52'00'00'E
WETLANDS LINE TABLE
LINE LENGTH BEARING
L52 7 38.40 N60'02'29'E
L52 8 33.55 SBB'47'40'E
L52 9 44.20 N'82'15'23'E
L53 0 21.24 S69'18'12'E
1-53 1 31.22 S49'21'33E
1-53 2 671 1 S35 33'31'V
L53 3 21.5 6 S31'42'51'V
L53 4 32.0 1 S87.49'36'W
L53 5 30.6 3 S09'52'25'E
L53 6 24,6 7 S35'51'05'W
L53 7 34.3 4 S82'08'OS'V
L538 40,41 1N25'46'09'W
L539 20.4 1 N00'00'CO'E
L54 0 267 6 N60'26'03'E
1. 54 1 55.4 5 N20'06'52'E
L542 22.68 N47'54'19'E
L543 36.09 N17'19'50'V
L544 44,93 S64'3525'E
L545 21.06 S67'17'53'E
L546 33.02 N77'17'43'E
L547 2289 S05'54'12'E
L548 40.12 526'32'45 W
L549 20.18 N61'00'14'V
L550 35.13 NOB'10'49'V
L551 74.10 N72'5627'V
L552 57.52 N45'50'46'V
L553 78,20 N29'53'31'E
L554 68.40 N51'31'33'E
1-555 31.09 S89'40'32'E
L556 83.99 S41'05'17'E
L557 36.04 S04.40'52'E
L558 42.84 N69'04'59'E
L559 50.66 S22'0715'W
L560 42.68 S42'16'43'V
L561 55.51 S43'23'12'V
L562 50.16 S47'49'09'V
L563 87,56 S3023'25'V
L564 6&58 S41'41'22'V
L565 7520 S5226'23'W
L566 32,74 N75'39'19'V
L567 5&40 S68'21'01'V
L568 48.00 S64'5622'V
L569 46.82 S49'13'32V
L570 46.66 N70'17'13'V
L571 52.20 NOl'10'36'E
L572 37.67 NOS-46'51'W
L573 60.D1 NCO'15'18'V
1574 25.82 N64'43'IVE
L575 40.96 N72'16'22'E
L576 50.43 N23'38'07'V
L577 6532 N40'40'53'W
L578 69.04 N41'39'33'V
L579 78.74 N13'54'51'E
L580 7369 NIL'22'46'E
L581 50.45 N27.31'23'E
L582 46.32 N35 38'26'E
L583 29.04 S59.41'52'E
L584 64.70 S13024'42'E
L585 52.99 S27'20'49'V
L566 60.03 S12'38'33'V
L587 1696 S44'CO'22'E
L586 5944 N67'25'46'E
L589 5237 S46'59'55'E
L590 69.91 500'25'23 Y
L591 65.79 S08'24'54'V
L592 67.19 S26'43'58'V
L593 73.81 S36.03'111V
L594 6368 S31'5922'V
L595 86.67 S12'46'44'V
L596 42.38 N86'49'07'V
L597 5747 NOO'I6'55'V
L598 54.73 N15'57'11'V
L599 51.39 N„ 1'39'53'E
L600 6L64 N05'59'49'V
L601 76.59 N02'0229'V
L602 7021 N09'C8'32'E
L603 7505 S32'52'02'V
L604 4916 S15'13'16'W
L605 48.23 S30'36'05'V
L606 7531 S45'43'CO'V
L607 3528 S71'18'57'E
L608 5623 S16'22'48'Y
L609 97,33 S20'47'42'V
L610 70.57 S43'OL'l9'V
1-611 49.28 S76'25'2
L612 59.79 S02'24'28'E
LINE LENGTH BEARING
L61 3 81.6 4 S34.06'15'V
L61 4 79.1 1 S33'5923'W
L61 5 85.4 7 S35'3621'V
L61 6 70.7 1 S44.40'57'V
LG1 7 53.8 0 S12'40'43'W
L61 8 51.7 4 S33'03'40'V
L61 9 68,7 1 S2252'18'E
L62 0 42.5 3 N50'14'09'E
L62 1 41.3 4 N36'21'42'E
L62 2 51.1 3 S34'54'56'E
L62 3 52.9 0 S08'28'54'V
L62 4 68.02 S22'36'17'V
L62 5 24.86 S69'57'44'V
L626 47.77 S55'31'45'V
L627 36.98 S24'30'47'E
L628 35.48 S28'23'09'E
L629 31.32 S34'41'43'E
L630 38.18 S28'21'51'E
L631 37.23 S63'02'46'E
L632 24.80 S77'27'14'E
L633 64.99 N87.30'18'E
L634 73.63 N16'54'42'V
L635 9665 S31'21'33'E
L636 121,56 S33'32'23'E
L637 109.99 S1918'39'E
L639 142.42 S05'4054'E
L639 2696 N83'01'01'E
L640 84.72 S55'22'38'V
L641 42.32 S89'49'02'V
L642 43.45 S51'00'04'E
L643 49.35 S89'57'04'E
L644 43,16 S55'52'06'E
L645 59,91 S03'23'39'W
L646 39,94 N71'2254'E
L647 74.69 N27'55'07'E
L648 58.25 N43'21'48'V
L649 49.77 NIB'54'10'E
L650 28.70 N24.48'31'E
L651 5315 N30'53'51'W
L652 24.68 N45'12'48'V
L653 48.45 S79'4657'V
L654 35.12 t422'18'51'V
L655 39.57 N51'56'04'V
L656 63.94 N23.3347'V
L657 46.70 N26'13'14'V
L658 46.01 N18'36'48'V
L659 19,70 S56'49'05'V
L660 3395 S03'00'20'V
L661 64.83 S22'37'O5'E
L662 21.37 S20'58'07'E
L663 82.42 S53'40'25'V
L664 38.05 S72'5G'48'V
L665 33.25 N69'08'13'V
L666 3229 S54'03'40'V
1-667 46-CB N62'25'12'V
L666 25.63 N4350'33'W
L669 30.32 N35.1359'V
L670 32.16 N62'49'36'W
L671 23.11 N19'48'21'V
L672 36.69 N25'45'00'V
L673 21.34 N81'46'34'E
L674 9258 N86'59'14'E
L675 3328 N57'54'40'V
L676 28.93 N50.43'17'W
L677 33.15 N31'12'18'W
L678 40.11 N13'51'02'V
L679 3692 N07'44'13'V
L660 35.50 N83'03'21'E
L681 3934 N08'16'42'E
L662 35.03 N18'3429'E
L663 26.90 N19'30'43'E
L684 23.97 N24'37'C2'E
L685 22.47 N78'Cl'04'E
L666 25.94 S80'10'36'E
L657 29.20 S67'45'04'E
L683 1515 S14.29'38'E
L699 37,46 S1332'51'E
L690 42,77 S39'0159'E
L691 5155 S67'58'09'E
L692 51.97 N62'14'12'E
L693 50.61 S74'10'08'E
L694 20.94 S84'37'45'E
L695 22.84 N41'29'07'E
L696 2681 N76'34'59'V
L697 37,33 N62.47'47'W
1-698 4248 N46-21T6-WI
LINE LENGTH BEARING
L699 4955 N77'42'21'V
L700 34.25 N56.41'25'V
L701 40.98 S84'23'47'W
L702 24.66 N74'40'36'V
L703 29.21 N70'04'14'V
L704 28.98 N6923'32'V
L705 216.56 N56'29'C6'V
L7C6 4726 S09'0228'E
L707 31.15 S09'19'09'E
1-708 28.07 N20'08'12'V
L709 45.36 N00.14'30'V
L710 32.17 N33'33'CS'V
L711 12,45 N26'18'50'E
L712 37.41 S78'06'13'E
L713 20.44 N61'56'30'E
L714 17.92 S30'31'22'E
L715 20.54 S61'50'5FW-
L716 74.86 N47'28'40'E
L717 44,78 N46'40'46'E
L71B 40.00 N67'44'13'V
L719 53.83 N66'25'15'V
1-720 63.25 N42'CS'01'V
L721 8737 N35'18'03'V
L722 BLCO Nl1'IB'20'V
L723 48.70 375'03'21'E
L724 64.21 S71'50'38'E
L725 60,77 S51'1232'E
L726 71.72 S48'34'42'E
L727 52.51 S06'I8'31'E
L728 32.35 N66'46'05'E
L729 43.08 N11'14'23E
L730 67.64 S77'02'57'E
1-731 73.61 S31'43'48'E
L732 87,40 S45'32'48'E
L733 73.00 S10'15'07'V
L734 6108 S3025'44'V
L735 64.78 N31'59'03'E
L736 60.31 N39'28'06'E
L737 48.92 N75'36'28'E
L738 6571 554-34'31'E
L739 71.72 S31'54'46'E
L740 29.27 S08'34'03'V
L741 88.19 S04.12'51'E
L742 86.71 S21'16'36'E
L743 62.41 S13'01'14'E
L744 83.50 SC7'28'21'E
L745 61.63 S07'03'30'E
L746 93.99 N06'24'15'W
L747 60.69 N37.46'37'E
L748 91.15 S49'26'32'E
L749 50.64 N04'35'14'V
L750 26.15 N24'05'13'V
L751 50.56 S20'43'00'E
L752 6255 S36'44'48'V
L753 73.73 N30'57'25'E
L754 51-71 S20'l4'1E
L755 77.70 SOS'03 06'V
NORTH CAROLINA JURISDICTIONAL
WATERS OF THE U.S.
AREA SF ACRES
WETLAND A 765,837 17.581
WETLAND B 823.113 18.895
TOTAL 1,588,950 3S.476
NOTES;
PROPERTY INFORMATION TAKEN FROM MAP BOOK 16, PAGE
3, DEED BOOK 610, PAGE 311, DEED BOOK 613, PAGE 61
AND DEED BOOK 564, PACE 18. TOTAL AREA OF 89.05
ACRES.
THIS MAP IS DOES NOT MEET THE MINIMUM STANDARDS
SET FORTH IN THE MANUAL OF PRACTICE FOR LAND
SURVEYING IN NORTH CAROLINA AND IS NOT INTENDED
FOR RECORDATION.
ADJOINER INFORMATION, ADJOINER LINES, AND
RIGHT-OF-WAY HIGHWAY 210 SCALED FROM PENDER
COUNTY CIS.
WETLANDS DELINEATION PROVIDED BY LAND MANAGEMENT
GROUP, INC.
THIS PROPERTY IS LOCATED IN FLOOD ZONE C, AS PER
FIRM MAP COMMUNITY PANEL 370344 0425 B, DATED FEB.
15, 1985.
THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY, NOT
INTENDED TO BE BOUNDARY SURVEY.
,`Illllltllffl7/tF
qz? H CAR
• SEAL 1? :
li , 2 2, ti
0 • o ao,.
O Y4•\
ff 111 1
THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF JURISDICTION
OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE.
UNLESS THERE IS A CHANGE IN THE LAW OF OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF
SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM
THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS Y,ETLAND
DELINEATION MANUAL
NAME loft ?a.?? p ?`7
TITLE ?
DATE. FEB l
fi=b Valour OcNR•WAl'fti
SrO"a3 Aur?EVy,
01
WETLANDS DELINEATION MAP
FOR LOWE'S HOME CENTERS OF
-HE _ ON I J
J
J
Q
VVETLAND FILL AP,)-EA
0
z
0
in
@
PAVEMENT
n .
' '?
./ \ 1 I y
S?
WETLANDS
NOT TO SCALE
11 Ecos stem
y.11 Tu'C
PROGRAM
February 2, 2005
Amy Luddy
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Project: Lowe's Sneads Ferry
County: Pender
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to
the NC EEP for impacts associated with this project is appropriate. Further, it is the understanding of the NC EEP
that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management,
allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by
the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all
reasonable means of impact avoidance and minimization have been incorporated into the project's design.
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 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.
Based on the information supplied by you on the in lieu fee request form dated January 26, 2005, the wetlands
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.
Stream
(linear feet) Non-Riparian Wetlands
(acres) Riparian Buffer
(ft)
Impacts 0.48
Mitigation Maximum 0.96
The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030001 of the Cape
Fear River Basin.
Reston ... E ... Pro,-" oar Stag
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
Amy Luddy
Land Management Group
February 2, 2005
Page 2
The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the N. C. Department
of Transportation signed July 22, 2003.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
S' cerely,
Wi iam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Lillette Granade, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
rot- ,Gt? Oar Stag
keE _toriag... ... Prot-",
Awn
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5-0476 / www.nceep.net
Y'aad.Aa,agaanant 34m# mac.
ma
9*Adffi#N% V" TMAk r
su-ag.4-d

IkWe, the undersigned, hearby authorize Land Management Group,
Inc. as agents for 404 wetlands permit worX on the property
listed in the enclosed permit application. Lana Management Group,
Inc. should be contacted with any questions regarding this permit
application.
------------
Signed
Date 07/16/2004
L
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
UTM 18 260492E 3815504N
Project / Site: LOWES/ Pender Co. Site B Date: 07/16/04
Applicant / Owner: Turner/Wagoner County: PENDER
Investigator: GRENADE State: NC
Do normal circumstances exist on the site? Yes X No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes No X Plot ID: 01
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Ilex glabm Shnib FACW 9.
2. Persia borbonia Shnib FACW 10.
3. Vaccinium corvmbosum Shrub FACW 11.
4. Liquidambar styraciflua Shrub FACW 12.
5. Andropo og n virginicus Shrub FAC- 13.
6. Pinus taeda Shrub FAC 14.
7. Acer rubnim Shrub FACW 15.
8. Smilax rotundifolia Vine FAC 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 87.5%
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
_ Other Inundated
-Saturated in Upper 12"
X No Recorded Data Available Water Marks
_ Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: 0 (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:
SOILS
Map Unit Name
(Series and Phase): Murville loam Drainage Class: very poorly drained
Taxonomy (Subgroup): Haplaquod 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.
0-4 OA 10 YR 2/1 mucky
4-12 OA 10 YR 2/2 mucky fine sand
12-19 A 10 YR 4/2 fs
Hydric Soil Indicators:
Histosol Concretions
_
_ Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime X Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hyd(jc Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
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: OWNER: Nicky Wagoner Applicant: Craig Turner
Hwy. 268, East Dock Land Management Group, Inc.
North Wilkesboro, NC P.O. Box 2522
28659 Wilmington, NC 28402 910-452-0001
336-6584822 [e-mail]
OF WATF9 Michael F. Easley, Governor
p William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
> ti y Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 6, 2005 pk(qLEUWR D
Lowes Home Improvement
c/o Mr. Nicky Wagner
Highway 268, East Dock
North Wilksboro, NC 28659
Dear Mr. Wagner:
JUL 1 2 2005
DENR - "ATER QUALITY
Vi LAW3 AND ST0RUWATER BRANCH
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Lowes Home Improvement
DWQ Project # 050023
Pendcr County
You have our approval, in accordance with the attached conditions (WQC # 3402) to conduct the
following activity located on your property off US Highway 17 near the intersection of NC Highway 210
towards Surf City, Hampstead, in Pender County. This approval allows you to:
1. Fill 0.48 acre of 404/401 wetlands as a part of the slope fill of that 0.45 acre of the impact are
permanent and 0.03 acre is temporary and will be restored to grade and replanted with wetland
species after the permanent slope is established.
. This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) application received as complete by the Division of Water Quality (DWQ) on January
10,'2005 and revised and received by DWQ on April 29, 2005 and additional information received by
DWQ on July 6, 2005. After reviewing your application, we have determined that General Water Quality
Certification Number 3402 covers this activity. This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetiands/certs.html. This Certification (#3402) allows you to use your 404
Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal,
State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater and Coastal
Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed below and on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NofthCaroli -
Natura.
Page Two
Lowes Home Improvement
c/o Mr. Nicky Wagner
DWQ Project # 050023
July 6, 2005
1. 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 Notice
Application. 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.
2. The conservation easement required by the US Army Corps of Engineers and DWQ
shall be placed on all remaining wetlands. These mechanisms shall be 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). Please send the regional Office a copy of the
recorded conservation easement for our files.
3. 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 this office and a copy to the
4010versight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Please notify this Office at the number listed below if any problem arises during the
construction of the project that may affect water quality.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To
ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the DWQ Permit #050023 under Section 401 of the
Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at
910-796-7215.
Sincer y,
4_0q Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3402
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Lillette Granade
401 Oversight/Express Review Permitting Unit - Cyndi Karoly
Land Management Group - Amy Luddy
Surf City - Steve Padgett
WiRO

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?. ,
OC)
/ j?
?7
RECEIVED
i
i
BY: '
CONSERVATION DECLARATION
Prepared by: W. A. Raney, Jr., Attorney at Law, P.O. Box 1049, Wilmington, NC 28402.
Return to:
NORTH CAROLINA
PENDER COUNTY
This DECLARATION OF CONSERVATION COVENANTS, CONDITIONS AND
RESTRICTIONS ("Conservation Declaration") is made on this day of
2005 by LOWE'S HOME CENTERS, fNC., whose address is
("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property
("Property") more particularly described in Exhibit "A" attached hereto and by this reference
incorporated herein; 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 manner 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 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.
.?
14
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 pennanent 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 on the
Property.
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,
2
A
or any placement of underground or aboveground storage tanks or other materials on the
Property is prohibited.
I. 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 Property 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 II. ENFORCEIIENT & 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 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.

s
ARTICLE III. NO PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever nor does it convey any other rights to the public regarding
the Property.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges to
Declarant's actual knowledge 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 the Property is free and clear of any and all encumbrances, except the items set forth on
Exhibit "B" attached hereto.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose. 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 Pender County, North Carolina, and may re-record it at
any time as may be required to preserve its rights.
4
I
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
LOWE'S HOME CENTERS, INC.
By:
Title:
NORTH CAROLINA
COUNTY
a Notary Public, certify that
of LOWE'S HOME
CENTERS, INC., a corporation, personally came before me this day and ac kno,.vI edged that
(s)he is of LOWE'S HOME CENTERS, INC., and that (s)he, as
and being authorized to do so, executed the foregoing on behalf of
the Corporation.
WITNESS my hand and notarial seal this day of , 2005.
Notary Public
My commission expires:
(SEAL)
5
Y4
EXHIBIT "A"
to
Conservation Declaration
Lowe's Home Centers, Inc., Declarant
Being all those tracts of land depicted as:
Wetland Preservation Area A 6.238 acres
Wetland Preservation Area B 0.478 acres
Wetland Preservation Area C 0.120 acres
Wetland Preservation Area D 0.769 acres
on a Map of Survey captioned Lowe's Home Centers, Inc. and recorded in Map Book ,
Page of the Pender County Registry.
WAR\REA1.PROP\R05-141-001 a
6
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Lm cDRA¢ sax 'NORTH CAROLINA
ESP ASSOCIATESiP.A. LOWE'S 5.'9xSaBIX,'
`= engsneenng•mneyTny.ptamm?y HOME CENTERS, INC.
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e' (J}6) 658 -1^
OFWATF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-H Alan W. Klimek P.E., Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
cow > Division of
Water Quality
June 23, 2005
CERTIFIED i\IAIL: 7004 1160 0004 4620 3099
RETURN RECEIPT REQUESTED
Lowes Home Improvement
c/o Mr. Nicky Wagner
Highway 268, East Dock
North Wilkesboro, NC 28659
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFOIL`IATION
Lowes Home Improvement
DWQ Project # 05-0023
Pender County
Dear Mr. Wagner:
This Office is still waiting for a DRAFT copy of the preservation language (required by the
Corps) for the remaining wetlands on site that will be recorded and associated maps (the language must
reference exact areas to be preserved. This is the only information still missing in order to complete the
information needed and for this Office to issue the 401 Certification.
Please respond in writing within three weeks of the date of this letter by sending a copy of the
information to Joanne Steenhuis and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Raleigh, NC 27604-226, her phone number is [phone]. If we do not hear
from you within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project,as withdrawn. If you have any questions, please feel free to call me at (910) 796-
7215.
SiAcerely,
''Joanne Steenhuis
Environmental Specialist III
cc: Cyndi Karoly-401 Oversight
Lillette Granade - Corps of Engineers Wilmington
Amy Luddy - Land Management Group JUN
WiRO 2 72005
t'F OSA?D TO?ItQ?LtTY
RBFU,,r??y
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
N rthC 1'
An Equal Opportunity/Affirmative Action Employer -50% Recycled/10% Post Consumer Paper o aro Ina
Natiarally
Re: 05 0023 Lowes Home Improvment project
Subject: Re: 05 0023 Lowes Home Improvment project
From: Joanne Steenhuis <[e-mail]>
Date: Tue, 21 Jun 2005 09:01:56 -0400
To: Laurie Dennison <[e-mail]>
They didn't send everything I asked for.
Laurie Dennison wrote:
J -
Got the staff report for this one & in looking at the file & dbase we got more
info in this one 4/26/05 from Land Mgmt Group. It shows addressed directly to you
& we were copied on it. Your staff report says on hold as of 1/27/05 - but I took
it off hold with the material we got on the 4/26. I've just stuck it back on hold
but that doesn't follow the info in the folder.
Am I missing something? Please advise this confused person (me) at your
convenience.
Signed,
Melting hot in Raleigh!
L -
1 of 1 6/21/2005 9:39 AM
Triage Check List
Date: 4/27/05 Project Name: Lowe's Home Improvement
DWQ#: 05-0023
County: Pender
To: Noelle Lutheran, Wilmington Regional Office
60-day Processing Time: 4/21/05 to 6/19/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to your 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!
t
vtoco' Ac.

At ClAw max 2522
MniV&n, ./ &1A Vawkna 28402
Jd 990-452-0001
5'Waffl- ?f(,,d
Y.,.y g: X.61.e.
%V gVSA. J(.-.
y %S gam.
April 21, 2005
TO: Ms. Joanne Steenhuis
NC DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: GC 3402 Application for Lowes Home Improvement
Pender County, NC
Dear Joanne:
AiA, 0
?aaney ?sanc/. t?Ce 9'au4
J805 41/' i'Z .WVC' ue
Vd,,dnyon,.1M 28903
9 @ REM= 9 W F-'-- 0
APR 2 6 2005
DENR - WATER QUALITY
WETLANDS AND STORMATER BRANCH
I am sending this package of information for Lowes Home Improvement in response to
comments from your agency and the USACE. The impact area has changed from.48 acre of
permanent impact to .48 acres of impact. in which .03 acre of that impact area is temporary and
.45 acre is permanent impact. This temporary impact area is necessary for Lowes to build a fill
slope. The client is proposing to mitigate these impacts by preserving the remaining wetlands on
the property (7.69 acres) and by paying into the NCEEP for mitigation at a 1:1 ratio.
Please contact me if you have any questions. Thank you for your assistance with this
project.
Sincerely,
Azt---
Environmental Technician
Encl.
Cc: Todd Simmons, Freeland and Kauffman, Inc.
Ms. Cyndi Karoly, DWQ

QP
Office Use Only: Form Version May 2002
DENR - WATER QUALITY
IISACE Action ID No. WETLMDSMD STORMWAb"je.
(If any particular item is not applicable to this project please enter "Not Applicable" or "N/A".)
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39: GC 3402
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NQWRP 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: ?
IL % Applicant Information
1. Owner/Applicant Information
Name: Lowes Home Improvement
Mailing Address: c/o Mr. Micky Wagoner
Highway 268, East Dock
North Wilkesboro. NC 28659
Telephone Number. (336) 6584822 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: - Ms. Amy Luddy
Company Affiliation: Land Management Group. Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number. [phone] Fax Number. [phone]
E-mail Address: [e-mail]
Page 1 of 8

IIL 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: Lowes Home Improvement:
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN)
4. Location
County: Pender Nearest Town: Hampstead
Subdivision name (include phase/lot number): N/A
Directions to site ('include road numbers, landmarks, etc.): From. Wilmington, take Hwy 17
N into Pender County. Site will be on the right, approximately V2 mile south of the
intersection where ffi h ay 210 splits from Hwy 17. see vicinity map).
5. Site coordinates, if available (UTM or L.at/L.ong): 34.4530° N 77.6083° 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): 37 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Virginia Creek
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: Adjacent land use is commercial. The property currently is
undeveloped.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: The
Mplicant plans to construct a Lowes store and necessary parking to serve the building.
11. Explain the purpose of the proposed work: To build a Lowes Home Improvement facility
within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information.. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group Inc in September of 2004.
Ms Lillette Granade of the U.S. Army Corps of Engineers signed the wetland survey on October
29, 2004 Action ID# 200401045)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permit requests are anticipated for this site
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list-and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.48 acre of 404 wetlands. 0.03 acre of that impact area
will be a temporary impact for constructing the fill slope This area will be restored to 0rade and
planted after construction of the fill slope The remaining 0.45 acre impact will be filled for the
fill slope and construction of the Lowes store
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
acres Located within
100-yearFloWplain**
no) Distance to
Nearest Stream
(lincar feet)
Type of Wetland***
1 Fill 0.45 No 2300 forested wetland
2 temporary .03 No 2300 forested wetland

* List each impact separately and identify temporary impact& impacts mciuae, our arc not mtuuxi to; incu muaxt cirau.,b, r4?s, -4
excavation, flooding, ditching/drainage, de. For dams, separately list impacts due to both structure and flooding.
100-Year floodplains are identified through the Federal Emergency Management Agency's OMIA) Flood Insurance Rate Maps
(FfltM), or FE,MA-approved local floodplzin maps. Maps are available through the FEMMA Map Service Center at 1-500-358-9616, or
online at httgJ/www.fema. goo.
sss List a wetland type that best describes wclland to be impacted (c g., ficshwatcrisaltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wdland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 8.17 acres
Total area of wetland impact proposed: 0.48 acre
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
ear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specif

r : a 1.:.... r ... . ,f .l.r -A ;A.. Grv 4rmmr,rv imm rhr Tmn-vrlc innlnrle but are not limited to: culve rts and associated riP-raP.
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after; and net loss/gaiA
stn 'iization activities (cement nail, np-rap, crib wall, gabiom% ctc.), excavation, ditchindstrsightming, 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.11s9s.9ov. Several internet sites also allow dzect download and printing of USGS maps (cg., www.topozonexom.
www.mapquest.com. dc.}
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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
Page 4 of 8
Open Water Impact

Site Number
indicate on ma)

Type of Impact* Area of

Impact
acres
Waterbody
Name of
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
ba , 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:
VIL 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.
Dunne the site design of this vroiect, the applicant minimized 404 wetland impacts as much as
possible Several tracts of land were evaluated and this one was chosen because it has the
greatest amount of uplands on which to build.
VIQ. 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 5 of 8
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 a plication complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicantmap'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/strm.szide.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.
To mitigate for 0.45 acre of wetland impacts the applicant proposes to mitigate at a 1:1 ratio
by paving into the NCEEP mitigation program Please see attached letter of acceptance from
NCEEP The applicant is also proposing to preserve the remaining 7.69 acres of wetlands on
the property using a conservation declaration that will be recorded.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr. state. nc.us/wrp/index.htm If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): '
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): .45
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the `project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify__-_-----------J?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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 7 of 8
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XL 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 current impervious cover on site The proposed impervious cover will consist of one
building H.7 ac) and associated paved surfaces ".5 ac). Total proposed impervious cover
would be approximately -1 l 2 acres which is 30% of the entire site. A stormwater plan and a
sedimentation and erosion control plan are currently being developed.
X M 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.
An on-site septic system will be used.
XIIL 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 ? Nq
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
2//os
(Agent's s'gnatureN-v6lid oif an authorization letter from the applicant is provided.)
Page 8 of 8
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03-04-457 January, 2005
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03-04-457 January, 2005 Quadrangle
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Date: 4/21/05 Total Wetland Impacts = .48• acre
Location: Sneads Ferry, Pender County

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ELancetiefff
PROGRAM
February 2, 2005
Amy Luddy
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Project: Lowe's Sneads Ferry
County: Pender
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility, of the applicant to contact'these agencies to determine if payment to
the NC EEP for impacts associated with this project is appropriate. Further, it is the understanding of the NC EEP
that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management;
allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by
the DCM; provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all
reasonable means of impact avoidance and minimization have been incorporated into'the project's design.
This acceptance is.valid for six month's 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 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.
Based on the information supplied by you on the in lieu fee request form dated January 26, 2005, the wetlands
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the-following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.
Stream
linear feet Non-Riparian Wetlands
(acres) Riparian Buffer
ftZ
Impacts 0.48
Mitigation Maximum 0.96
The non-riparian wetlands mitigation will be provided as specked in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030001 of the Cape
Fear River Bas in:
kati{ E .. ,. :.. Protect' Orr .ltat?
. ..
u'L NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
Amy Luddy
Land Management Group
February 2, 2005
Page 2 •
The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the, N. C. Department
of Transportation signed July 22, 2003.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
S' cerely,
W' am D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Lillette Granade, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
R,fftOYL ... ... PYOt" aw ftute,
A?.F"A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
At Cfflw 96 xja
A rear

P" I.
r bpi
,mar
IkWe, the undersigned, hearhy authorize Land Management Grauer
Inc. as agents fQr 404 wetlands permit wort on the property
listed in the enclosed permit application. Lana Management Group,
Inc. should be contacted with any questions regarding this permii
apgZicatfon..
Signed w
Tate 07/16/2004
1
OF wATF9 Michael F. Easley, Governor
?O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural R sources
> r-? Alan W. Klimek;t$? rector
p r Division of V?/a uality
Coleen H. Sullins, De ut ctor
?^--f Dryt ion of to ity
March 10, 2005 ,t
•o? s C:?
CERTIFIED HAIL: 7004 1160 0004 4620 3440 P
RETURN RECEIPT REQUESTED P,
Lowes Home Improvement
c/o Mr. Nicky Wagner
Highway 268, East Dock
North Wilkesboro, NC 28659
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Loves Home Improvement
DWQ Project # 05-0023
Pender County
Dear Mr. Wagner:
This Office has received the additional information from your consultant and found the
information to be missing one of the components requested in the first additional request letter and an
additional question of the redesigned project (see also attached sheet).
In the previous letter, this Office requested a copy of the preservation language for the remaining
wetlands on site that will be recorded and associated maps (the language must reference exact areas to be
preserved). An example of this language can be downloaded from our website:
http://h2o.enr.state.nc.us/ncwetlands/download.html
The redesigned plan shows that the proposed building has moved towards US Highway 17
somewhat, this redesigned drawing shows a retaining wall on the south side of the building and a fill
slope, over the distance of 60 feet of wetlands, on the north side of the building. To avoid additional
wetland impacts, could a retaining wall be located across the entire back side of the building?
Please respond in writing within three weeks of the date of this letter by sending a copy of the
information to Joanne Steenhuis and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Raleigh, NC 27604-226, her phone number is [phone]. If we do not hear
from you within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-
3900.
-Sincerely,
!Joanne Steenhuis
/ Environmental Specialist III
cc: Cyndi Karoly --401 Oversight
Lillette Granade - Corps of Engineers Wilmington
Amy Luddy - Land Management Group
WiRCI
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] On?e4
An Equal Opportunity/Affirmative Action Employer-50°o Recycled/10% Post Consumer Paper Nor lhCarolina
naturally
.•t"
SECTION VI - AVOIDANCE AND MINIMIZATION
Avoidance and minimization are critical aspects of an application particularly if you desire the application
to be processed expeditiously. The following is a check-list of avoidance and minimization questions that
DWQ Staff often look for in applications.
Are there any stream crossings at angles less than 75° or greater than 105°?
Are there any stream crossings that cross two streams above or at the confluence of those
streams?
Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road
crossing near the edges of the property?
Can the stream be relocated as a natural channel design as opposed to culverted or
otherwise filled?
Is any single stream crossed more than once?
Can property access routes be moved or reduced to avoid stream, wetland, water, buffer
impacts?
Can a building, parking lot, etc. be realigned to avoid impacts?
Can the site layout be reconfigured to avoid impacts?
Can headwalls or steeper side slopes be used to avoid/minimize impacts?
Can a retaining wall be used to avoid/minimize impacts?
Can cul de sacs be used in place of a crossing?
Can lots be reshaped or have shared driveways to avoid impacts?
If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions
then you must have to provide substantial and convincing justification as to why the impacts are
necessary. If the impacts are required by a local government or other agency the claim must be
supported with appropriate written documentation from the local government or other agency. Most
projects typically involve the need to justify avoidance and minimization. If this information is not readily
available, then the express review process may not be the appropriate venue to use because the project
may be put on hold at the end of the process. Providing alternative plans (such as plans that avoid the
impact, minimize the impact and the preferred plan, similar those used in environmental assessments)
and explanations as to why the preferred plan is needed and why the alternative plans won't work are
many times helpful in the no practical alternatives review.
OF W ATF9 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.E., Director
Division of Water Quality
s . Coleen H. Sullins, Deputy Director
-- Division of Water Quality
March 10, 2005
CERTIFIED MAIL: 7004 1160 0004 4620 3440
RETURN RECEIPT REQUESTED
Lowes Home Improvement
c/o Mr. Nicky Wagner
Highway 268, East Dock
North Wilkesboro, NC 28659
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Lowes Home Improvement
DWQ Project # 05-0023
Pender County
Dear Mr. Wagner:
This Office has received the additional information from your consultant and found the
information to be missing one of the components requested in the first additional request letter and an
additional question of the redesigned project (see also attached sheet).
In the previous letter, this Office requested a copy of the preservation language for the remaining
wetlands on site that will be recorded and associated maps (the language must reference exact areas to be
preserved). An example of this language can be downloaded from our website:
http://h2o.enr.state.nc.us/ncwetlands/download.html
The redesigned plan shows that the proposed building has moved towards US Highway 17
somewhat, this redesigned drawing shows a retaining wall on the south side of the building and a fill
slope, over the distance of 60 feet of wetlands, on the north side of the building. To avoid additional
wetland impacts, could a retaining wall be located across the entire back side of the building?
Please respond in writing within three weeks of the date of this letter by sending a copy of the
information to Joanne Steenhuis and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Raleigh, NC 27604-226, her phone number is [phone]. If we do not hear
from you within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-
3900.
Sincerely,
Joanne Steenhuis
Environmental Specialist III
cc: Cyndi Karoly -401 Oversight
Lillette Granade - Corps of Engineers Wilmington
Amy Luddy - Land Management Group
WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
North Carolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
,Naturally
Triage Check Dist
Date: 3/2/05 Project Name: Lowes Home Improvement
DWQ#: 05-0023
County: Pender
To: Noelle Lutheran, Wilmington Regional Office
60-day Processing Time: 2/23/05 to 4/23/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to your 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
1-1
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!
Weti?nds Tracking
el I Totals New Record Print
Projects Owner Agent List
Facility Name Lowes Home Improvement
Project Number OS 0023
0Inactive
Project Type piuI)ose of commercial
Location Virginia Creek, Hwy 210 & Hwy 17 split, Hampstead
County Pender
County2
Region Wilmington
DCM Office Wilmington
COE Office Wilmington
401s Last Total Total Total Mit Recvd Sent to Recvd Action 401 401 Totals Mit
Recvd From Date Region Region Date Last Action Acres Feet Acres Feet
APP 1/5/2005 1/7/2005 ?? ???aa?? 401
II 401
Total for Project:
Inspections/ Violations
Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St
J O Y ON I ?_? Inspect.
/ 41 7/,j)-
MEMORANDUM
"t
TO: John Dorney
Non-Discharge Branch
Regional Contact: J. Steenhuis
WQ Supervisor: Fri RPck
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Lowes Home Improvement County Pender
Project Number 05 0023 County2
Recvd From APP Region Wilmington
Received Date 115105 Recvd By Region
Project Type commercial
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet - }
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
39 forested O Y O N F_ 18-87-9 SA liQw 30,624. 0.48
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y O N Recommendation: Q Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This eject has been placed on hold as of 1/27/05 IUS
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Joanne Steenhuis
WO Supervisor: Ed Reck
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Lowes Home Improvement
Project Number 05 0023
Recvd From APP
Received Date 115105 Recvd By Region
Project Type commercial
County Pender
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
NW39 forested F7__0 N 18-87-9 SA HQ v 30,624. 0.48
F--PT _0N F 7-F-F-7-r-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required?O Y O N Recommendation: O Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This project has been placed on hold as of 1/27/05. JHS
cc: Regional Office
Central Office Page Number 1
OF W ATF9 Michael F. Easley, Governor
pG William G. Ross Jr., Secretary
0 North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E., Director
p -? Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 27 2005
CERTIFIED HAIL: 7004 1160 0004 4620 3525
RETURN RECEIPT REQUESTED
Lowes Home Improvement
c/o Mr. Nicky Wagner
Highway 268, East Dock
North Wilkesboro, NC 28659
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORIIATION
Lowes Home Improvement
DWQ Project # 05-0023
Pender County
Dear Mr. Wagner:
This Office has reviewed your permit application and is placing your project on hold until we
receive the following additional information:
1. Please provide a copy of the preservation language that will be recorded and associated maps
(the language must reference exact areas to be preserved);
2. Please provide a copy of the signed Jurisdiction Determination signed by The Corps of
Engineers;
3. Please clearly depict the area to be impacted on the site plan (using cross hatching to indicate
area to be filled);
4. Please show on the existing site plan the pond by US Highway 17 and indicated whether the
Corps has claimed it as Jurisdictional (isolated) or not.
5. Please include a cross section of the wetland fill area and indicate whether the fill slope is to
be retained by grading it to a 3:1 slope or by a retaining wall or some such mechanism (the
outer toe of the fill slope is to be the outer edge of the proposed fill).
Please respond within three weeks of the date of this letter by sending a copy of the information
to Joanne Steenhuis and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-226, her phone number is [phone]. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. If you have any questions, please feel free to call me at [phone].
ncerely,
LR? t_a 1 -
D
Joanne Steenhuis
Environmental Specialist III 5
cc: Cyndi Karoly -401 Oversight w Y
Lillette Granade - Corps of Engineers Wilmington
WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper North Cal olina
Aaturally
Triage Check List
Date:
To:
1/7/05 Project Name: Lowes Home Improvement
DWQ#: 05-0023
County: Pender
Noelle Lutheran, Wilmington Regional Office
60-day Processing Time: 115105 to 3/2/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to your 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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TO: Ms. Cyndi Karoly
401/Wetlands Unit
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
January 3, 2005
RE: CG 3402 for Lowes Home Improvement
Pender County, NC
Dear Cyndi:
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Enclosed is a CG 3402 application for your review. This application is submitted on behalf
of Lowes Home Improvement. The applicant is proposing to build a Lowes Home Improvement
Store, a grocery store, and parking lots for these buildings on the corner of US 17 and SR 211.
The total wetland impact for this project is .48 acre.
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,
i?
Am?y_ uody
Environmental Technician
Encl.
Cc: Mr. Todd Simmons, Freeland and Kauffman, Inc.
Ms. Noelle Lutheran, DWQ

OFFh'
Pre-Construction Notification (PCN) Application Form
QG
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE ' website at http://www.saw.usace.army.miI/wetlands/index.litni, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http:/A12o.enr.state.ne.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page 1 of 12
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
littp:HNv-,vxv.saw.usace.army.milhvetlands/mvpfinalFedRea.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwet]ands/fees.litni1. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
larine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Page 4 of 12
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
© Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39; GC 3402
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4.
5. 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: ?
6. 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
Owner/Applicant Information
Name: Lowes Home Improvement
Mailing Address: c/o Mr. Nick Wagoner
Highway 268, East Dock
North Wilkesboro. NC 28659
Telephone Number: [phone] Fax Number: (336
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. Amy Luddy
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: aluddyglmgroup. 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: Lowes Home Improvement;
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Pender Nearest Town: Hampstead
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Wilmington, take Hwy 17
N into Pender County. Site will be on the right, approximately '/2 mile south of the
intersection where Highway 210 splits from Hwy 17. (see vicinity map).
5. Site coordinates, if available (UTM or Lat/Long): 34.4530° N 77.6083° 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): 80 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Virginia Creek
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: Adjacent land use is commercial. The property currently is
undeveloped.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
lip icant plans to construct a Lowes store grocery store and necessary parking to serve these
retail buildings
11. Explain the purpose of the proposed work: To build a Lowes Home Improvement facility
within the tract.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The 404 wetland line was delineated by Land Management Group, Inc in September of 2004.
Ms Lillette Granade of the U.S. Army Corps of Engineers signed the wetland survey on October
29, 2004-(Action-ID# 200401045).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permit requests are anticipated for this site
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant proposes to fill 0.48 acre of 404 wetlands.
2. Individually list wetland impacts below:
Page 7 of 12
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 0.48 No forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, rill,
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.eov.
*** 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: 36.48 acres
Total area of wetland impact proposed: 0.48 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?
leasespecify)

* 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.us,,s.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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
O en Water Im act Type of Impact* Area of Name of Waterbod Type of Waterbod
Page 8 of 12
Site Number Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
* List each impact separately and identifv temoorarv 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.
Durine the site design of this oroiect, the applicant minimized 404 wetland impacts as much as
possible Several tracts of land were evaluated and this one was chosen because it has the
greatest amount of uplands on which to build.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
Page 9 of 12
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://li2o.enr,state.nc.us/ncwetlands/strmgide.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.
To mitip-ate for 0.48 acre of wetland impacts the applicant proposes to preserve all remaining
wetlands on site (36.0 acres).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/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):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No ?
Page 10 of 12
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out A feet perpendicular from near bank of channel; Gone 1 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (required by DWQ)
Page 11 of 12
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.
Total existing impervious cover is approximately 2000 ft2 (one house and three small sheds).
These structures will be removed and proposed impervious cover will consist of seven buildings
(2.68 ac) and associated paved surfaces H.5 ac). Total proposed impervious cover would be
approximately -7 acres, which is 66.7% of the entire site. A stormwater plan and a sedimentation
and erosion control plan are currently being, developed.
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.
An on-site septic system will be used
XIIL 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
3/05
(Agent's signature is valid onty'if an authorization letter from the applicant is provided.)
Page 12 of 12
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9k&&W".W sum
IkWe, the undersigned, Nearby authorize Land Management Group,
Inc. as agents for 404 wetlands permit worX on the property
listed in the enclosed permit application. Lana Management Group,
Inc. should be contacted with any questions regarding this permit
application.
Signed
Date 07/16/2004
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
UTM 18 260492E 3815504N
Project / Site: LOWES/ Pender Co. Site B Date: 07/16/04
Applicant / Owner: Turner/Wagoner County: PENDER
Investigator: GRENADE State: NC
Do normal circumstances exist on the site? Yes X No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes No X Plot ID: 01
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Ilex glabm Shrub FACW 9.
2. Persia borbonia Shrub FACW 10.
3. Vaccinium cogmbosum Shnib FACW 11.
4. Liquidambar styraciflua Shrub FACW 12.
5. Andropogon virginicus Shrub FAC- 13.
6. Pines taeda Shnib FAC 14.
7. Acer nibrum Shrub FACW 15.
8. Smilax rotundifolia Vine FAC 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 87.5%
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other _ Inundated
_ _Saturated in Upper 12"
X No Recorded Data Available Water Marks
_ Drift Lines
Field Observations: _ Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: 0 (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:
SOILS
Map Unit Name
(Series and Phase): Murville loam Drainage Class: very poorly drained
Taxonomy (Subgroup): Haplaquod 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.
0-4 OA 10 YR 2/1 mucky
4-12 OA 10 YR 2/2 mucky fine sand
12-19 A 10 YR 4/2 A
Hydric Soil Indicators:
Histosol Concretions
_
Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
_
Sulfidic Odor Organic Streaking in Sandy Soils
_
X Aquic Moisture Regime X Listed On Local Hydric Soils List
_ Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes X No Is the Sampling Point
Wetland Hydrology Present? Yes X No Within a Wetland? YesX No
Hydric Soils Present? Yes X No
Remarks: OWNER: Nicky Wagoner Applicant: Craig Turner
Hwy. 268, East Dock Land Management Group, Inc.
North Wilkesboro, NC P.O. Box 2522
28659 Wilmington, NC 28402 910452-0001
336-658-4822 [e-mail]
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Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2003 p. 84.
FNWP GC 3402 application Land Manag?eement Group, Inc.
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Box 1111, N. Wilkesboro, NC 28656 (Highway 268 East, East Dock, N. Wilkesboro, NC 28659) [phone] Fax [phone]
[e-mail]
Site Development Department
December 6, 2005
401 Oversight/Express Review Permitting Unit
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Lowe's of Surf City, NC (Pender County) Intersection of Highway 210 & US 17.
Dear Sir/Madam,
Please find attached the required certification of completion necessary for the above referenced
project. I believe it is your project #050023.
If you have any questions or concerns please don't hesitate to give me a call at (336) 658-
4463.
Sincerely,
Nicky R. Wagoner
Site Development Manager
Cc: Tony Cook
Deed & Lease
Rip Rollins
. 4 I?EC S 2005
i•?itQ,!PUTr µ
lA0, 6 1eC
tb
J(
DEC-5-2005 15:04 FROM:CWQ-WETLANDS 91973366`93 T0:916642335915 P:2/2
CelrtiiiCation of Completion
DWQ PrgJcct No.: OSQOZ 3 County:
Applicant: L_co _ r2-, ?o ?-?? C? ?iZ-S I?cc
ProjectName: 6,y_.r C.?.t { N,C-
Date of Issuance of Isolated Wetland Pertait: Jv ?.f?( Zoc,?
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 Is Cerfiflcation
I,
• a , ftercby state that, to the best of my abilities, due care and diligence was
used in the observation o the construction such that the construction was observed to be built within substantial
GOmplianco and i.utent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting;natezials.
sigtaturc: - Date: / G D S
Agent's Certification
I, , bercby state that, to the best of my abilities, due care and diligence was
used irk the observation of the construction such that* the construction was observed to be- built within substantial
compliance and intent of the 401 Writer Quality Certification and Buffer Rules, the approved plans and m6fications,
and other supporting matcrials.
signature:
Date:
gthis project was designed by a Certified Professional
I. St's u `7T;arnu?t,a?9 as a drily registered Professional JFd?6-1(i.e., Fx?gineez,
Landscape c'1.rclutect, Surveyor. etc.) in the State of North Carolina, having been authorized to -observe (periodically,
weekly, full time).the construction of the project, for the Perrnittee ltcreby state that, to the best of nay abilities, due care
and diligcn.cc waa used in the observation of the construction such that the construction was observed to be built within
subst,to.tiai compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
speclficati.oas, and other supporting materials.
d
Signature: -2 Re;istrationNo. 7?"4l Date ZS-a5-