20050663 Ver 1_Complete File_20050418

Michael F. Easley, Governor

William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

June 1,2005

Mr. George Rosc
PO Box 53441
Fayetteville, NC 28305

SUBJECT:

Approval of 401 Watcr p~rnrlfj:t~W?d @
and Additional Conditio ~ Ls U \!J IS ~
Lot # 49 Watcrscapc Dri
DWQ Projcct # 050663 JUN 1 0 2005
Brunswick County

. DENR. WATER QUALITY
t'ElW,'DSNJD STORMWATER 6fWJCH

Dcar Mr. Rose:

You have our approval, in accordance with the attached conditions (WQC # 3402) to conduct the
following activity locatcd on your property off US Highway 17 near thc intersection ofNC Highway 210
towards Surf City, Hampstead, in Pender County. This approval allows you to:

1. Fill 0.0238 acrc of 404/40 1 wetlands for a driveway (including the slopc fill) to access the
uplands.

This approval is only valid for the purpose and design that you dcscribcd in you Pre-Construction
Notification (PCN) application received as complete by the Division of Water Quality (DWQ) on April
22,2005 and revised and additional information received by DWQ on May 24,2005. After reviewing
your application, wc have detcrmined that General Water Quality Certification Numbcr 3402 covers this
activity. This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html.
This Certification (#3402) allows you to usc your 404 Permit when thc Corps of Engineers issucs it.
Please kcep in mind that thcre may bc additional Federal, Statc or Local regulations applicable to your
project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watcrshed rcgulations, NPDES Stormwater and Coastal Stormwater. In addition, this approval will
cxpirc whcn thc accompanying 404 Pcrmit cxpircs unlcss othcrwisc spccificd in thc Gcneral
Ccrtification.

Please be aware that if you change or modify your project, you must notify the Division
(D'\VQ) 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:

North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Customer Service 1-877 ~23-67 48
Internet: h20.enr.state.nc.us N6rthCarolina

lVolllrnllll

Page Two
Mr. Gcorge Rose
DWQ Project # 050663
June 1,2005

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 activitics, including the design, installation, operation, and maintenance of
sediment and erosion control Best Managemcnt Practices, shall be performed so that no
violations of state water quality standards, statutcs, or rules occur;
2. Dccd notifications or similar mechanisms shall bc placed on all remaining wctlands. Thesc
mechanisms shall be in placc within 30 days of the date of issuance of the 401 Certification
lcttcr or the issuancc of the 404 Permit (whichcver is later). Please scnd DWQ a copy of thc
rccordcd deed rcstriction/prcservation;
3. Upon complction of all work approvcd within the 401 Water Quality Certification or
applicable Buffcr Rules, and any subscquent modifications, thc applicant is required to rcturn
the attachcd certificatc of completion to this office and a copy to the 401 Ovcrsight/Express
Review Pcrmitting Unit, North Carolina Division of Watcr Quality, 1650 Mail Service
Center, Ralcigh, NC, 27699-1650.

,,.

Please notify this Office at the numbcr listed below if any problem arises during the construction
of the project that may affect watcr 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 lettcr. 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 Scrvice Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

This letter completcs the review of the DWQ Permit #050663 under Section 401 of the Clean Water
Act. If you have any questions, please telcphone Joanne Steenhuis or Ed Beck at 910-796-7215.

s~.~ ~., /
~~dJ-
(t" Alan W. Klimek, P.E., Director
I Division of Water Quality

Attachments: GC # 3402
Certificate of Completion

cc: Corps of Engineers Wilmington Field Office - Tom Farrell
4010vcrsight/Exprcss Review Permitting Unit - Cyndi Karoly
Land Management Group - W cs Fryar
WiRO

Iland Jttana/JeJnenl rJ~(){(fiJ line.
8nlJPiOJlJJleJltat lfiOJl411ttanM-
fJ'oJt@jJlee f!J3ox 2522
U){{{miJl/l!oJtJ ul'odh 7laM!ci,a 28402

f2)OWIlC/f EJJ~aJu:/" o/fl'ce iJ'alk
3805 UJh':Jht.H;ilfe .;1vC1/ue :Tuite /5
UJ(i'lm(ilfJlou) u'Y?? 28103

fJ'houe: 9/0-152-000/
fJ'ax: 9/0-152-0060
rcWro./11IfJ MUft.llct

May 23, 2005

~~@~D\Yl~@

MAY 2 :) 2005

TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405

,. . DENR. WATEH QUAliTY
II'ETWIDSNJD STORMWATER SiiA'jC;/1

RE: Additional Information for the 401 Water Quality Certification Application
Lot #49 Waterscape Drive; Brunswick County, NC
DWQ # 05-0663

Dear Joanne:

We received your letter dated May 5, 2005 in which you request additional information
regarding the Waterscape Drive project. Below is a response to each of your concerns:

1. Please provide a copy of the preservation language for the wetlands that will be recorded;

See attachment # 1.

2. Please provide a copy of the signed Jurisdiction Determination signed by the Corps of
Engineers;

See attachment #2.

I hope this information adequately answers your concerns. Please contact me if you have any
additional questions. Thank you for your assistance with this project

Sincerely,

1rJ~ A- . ~<==--7
Wes Fryar
Wetland Technician

Enc!.
Mr. George Rose
Tom FarrelI- ACOE
Cyndi Karloy - 401 Oversight

2

, '

4

MODEL DECLARATION OF RESTRICTIONS

May 13, 2005

STATE OF NORTH CAROLINA

BRUNSWICK COUNTY

CONSERVATION DECLARATION

This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS is made on this 13th day of May, 2005, by SYCAMORE
PARTNERS, a North Carolina General Partnership, P.O. Box 53441, Fayetteville North
Carolina 28305-3441, "Declarant").

RECITALS & CONSERVATION PURPOSES

A. Declarant is the sole owner in fee simple of the certain Conservation
Property (property) being a portion of a 0.8 acre residential home site known as Lot 49
Waterscape Subdivision, Holden Beach, Brunswick County, North Carolina (See Map
Book 24, Page 27, Brunswick County Registry), as shown on 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 ofthe 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
200500334 issued by the Wtlmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.

NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.

ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES

Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohIbited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.

Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.

B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.

C. Industrial. Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.

D. AmiculturaL 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 mowhlg 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 proscnbing rules and regulations for the use of the Property
and/or signs identifYing the Grantor as owner of the property.

H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohIbited.

I. Excavation. Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal oftopsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.

J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohIbited.

K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.

L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.

M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.

ARTICLE ll. ENFORCEMENT & REMEDIES

A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Anny
Corps of Engineers, Wtlmington 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, stonn, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.

ARTICLE ill. PUBLIC ACCESS

A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.

ARTICLE IV. DOCUMENTATION AND TITLE

A. Conservation Property Condition. The Declarant represents and

acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.

ARTICLE V. MISCELLANEOUS

A. Conservation Purpose.

(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.

B. Entire Agreement. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Declaration and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation
Declaration. If any provision is found to be invalid, the remainder of the provisions of
this Conservation Declaration, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected
thereby.

C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of Brunswick County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.

D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohIbit or impede use of the Property for the purposes set forth in the Recitals.

IN WITNESS WHEREOF, Declarant has duly executed the foregoing as of the day and
year first written above

SYCAMORE PARTNERS

By:

;::::::-c:.~

(SEAL)

By:

(SEAL)

State of North Carolina- County ofCumberIand

I, the undersigned Notary Public of the County and State aforesaid, certifY that, J.
Gary Ciccone and George M. Rose acknowledged that they are general partners
of Sycamore Partners, a North Carolina general partnership, and that by authority
duly given and as the act of each entity, they signed the foregoing instrument in
its name on its behalfas its act and deed. Witness my hand and Notarial stamp or
seal this 13+h day of fV\~ ,2005.

~ (' ~- '_ I~ fJ. /~) - 12. J! A
My Commission Eh-pires: J- ) ;J..'3j )DOq ~?U' I VI- ~
Notary Public

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EXHIBIT A

L,U", 'YO
(VACN(j' ~o1)
10760 S,F

~04 ~tL"'J:l LJ"'~
'fUGQ'.D 01 TNt:
U.s.A.C.E.
LOCA 11.'0 ,,,Vo:>

SECTION 1HRE:E:
WATERSCAPE SUBDIVISION
l:l"" DOOl( :1.4, rACiI!; :~ .

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a6'lrfJ~'E H1.1O. .

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SEC110N TWO ~
WA lERSCAPE SU8DI'w'lSfON
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LOT 4D
(III-CAIIT loT)
. .).4 '.1\1 ::'1'

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Proposed Fill Area For
Driveway Crossing

Htl(l'O:s'lQ'e le~ 0"

Total Fill Area =
1035 sq ft or 0.0238 ac

LOT 50

~-cP-d3 _ Proposed 10' buffer
strip for mitigation
Total Buffer Area = 14qO sq ft or
0.03 ac

~

GE?orge Rose
Sycamore Partners
Waterscapf3 SID, Lot 49
Brunswick County
40-04-673

Land M~nagement Group, Inc.
Envlronm~nt4l1 Con1;ultllnb
Wilmington, N.C.
April 2005

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SCALE 1" = 50'

Site Plan Showing
Watland Impacts

Permit ApplicLition

U.S. AR1VIY CORPS OF ENGINEERS
WIL1tfINGTON DISTRICT

Actionld.200500334

County: Brunswick

U.S.G.S. Quad: Holden Beach

NOTIFICATION OF JURISDICTIONAL DETERlVIINATION

Property Owner/Agent: .Julian Mann
6501 Van Nobbinl! CT

Address: Fayetteville, NC 28306

Telephone No.: _
Size and location of property (waterbody, road name/number, town, etc.) The site is lot 49, a 0.8-acre residential home site
on 'Vaterscape Drive. Holden Beach. Brunswick County. NC. Latitude: 33.92060N: Lonl!itude: 78.30980'V..

Indicate \Vhich of the Followin2 Applv:

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.

~ There are wetlands on the above described property subj ect to the pennit requirements of Section 404 of the Clean Water
Act (CW A)(33 USC S 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.

_ 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 wiII provide an accurate depiction of all areas subject to CW A 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.

~ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 4/1912005. 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.

~ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.

Remarks: Verified in the field by TAF on .Tan 7, 2005. The survev was sil!ned on Mar. 1.2005 by Garv L. Gurl!anns. L-
3474, Brunswick Survevinl!. Inc.. (job No. 05019), 1027 Sabbath Home Rd.. Supplv. NC 28462. A copy of this letter is
sent to Land M:mal!ement Group. Inc.. c/o W. Fryar. P.O. Box 2522. Wilmilllrton. NC 28402.

Corps Regulatory Official:

~
/

Date 04/1912005

Expiration Date 04/1912010

Page 1 of2

Actionld.20050033~

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 S 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Thomas Farrell at 910.251.4466.

Basis For Determination: The wetland on site consists of coastal freshwater woodv svstem dominated bv loblolly bay,
water oak. and wax mvrtle trees with wetland herbaceous ground cover dominated bv roval fern. cinnamon fern. and
switch cane. The site is hvdrologically connected to the Intracoastal \Vatenvav. a designated water of the U.S.

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 of2

YtHISPERING HEIGHTS
L1AP BOOK II, PAGE 71

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LOT 19

LOT 20

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LOT 21

LOT 22

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SECTION 1'HREE
WATERSCAPE SUBDIVISION
\lAP BOOK 24, PAGE 25

114

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LOT 23

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LOT 47

N851l2'27.E 251.26'

LOT 48
(vACANT LOT)
19,780 s.r,

404 \\~1UNO UNE
n.AGGED BY THE
U.S.A-c.E.
LOCA lED 1/13/0S

112
11 12

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N861l3'39.E 241.19'

SEC110N TWO .
WATERSCAPE SUBDIVISION
I.IAP BOOK 24, PAGE 27

LOT 24

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LOT 25

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LOT 26

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LOT 27

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LOT 28

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LOT 49
(VACANT LOT)
34,781 S.f.

LOT 50

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C2
c.3
C4
C5

LENGTH
20.4S'
60.93'
83.B7'
88.87'
187.16'

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OJRVE TABLE
TANGENT RADIUS DELTA
'10.22' 3164.18' 0"22'13'
30.49' 607.13' 5'H'59.
42.00' 607.13' 7'54'54'
44.5' 607.13' 8 3'14.
94.33' 607.13' 1739'4'

UNE TABLE
BEARING
S74'OO'OO'W
N20'59'59.W
N38'46'39'W
Nn'31'24.W
N171l6' 4'W
Nl,,7'54'[
N01'27'26'E
Nl0"25'14'[
N04'37'46'W
N29'48'24'[
NS4'4S'29'[
N88'34'30'[
57S'58'03"
Ne8"OS.37"E
511 S'28.[
516'5 '43'W
526'0 '05'W
SOS'5S'12'W
S2S'47'32'E
S43'23'35'W
S06'46'13'w

BEARING
N03'9'21"
N06'43'3 "
13'37'39'
N2"43'36.
N34'4" 9'

THIS CERTIFIES THAT THIS PLAT ACCURA my DEPICTS lHE
BOUNDARY OF ll-iE JURISDICTION OF SECTION 404 Of THE aLAN
WA lER ACT PURSUANT TO ll-iE 1987 CORPS OF ENGINEERS
DELlNEA TION UANUAl AS DETERMINED BY ll-iE UNDERSlGNED ON
ll-iIS DATE. UNLESS 1HERE IS A CHANGE IN THE LAW OR OUR
. PUBUSHEO REGULATIONS. ll-iIS DETERUINA TION UA Y BE RUJED
UPON fOR A PERIOD OF FIVE YEARS FROM ll-iIS DA IT. ISOLA TED
V,8lANDS OR WA lERS THAT ARE OUT OF CORPS JlJRISDICTION
HAVE BEEN 'BElEO ON THE SURVEY.

J

'vICINITY UAP

NOT TO SCAlE

...:n..J.NTIC
OCCAH

NORlli CARCUNA
"' !),.""W""'W' COUNTY
I. CAR'I'1.. CURCA.NtJS. CO:Ti'Y THAT nitS Pl.AT WAS DfU~ wc.ER: ,",'1"
SUPERVlSlCt\l (ROI"I AN ACn.JAl SI.JR\O' ),lACE I.JNOEJI IN SUPER",gON.
DESCRlPTICN RECCIIDCD N u.. "'VIr~. "A~?<< .I! 21 . THAT lHE
UIIII, ERROR c; Q.OSIJRE AS CA1...C..U..'TED BY ca..PUlER IS 1/ ,,,nnn...
,,\"CAFl"'/, THAT THE BOUNDJ.R:[$ NOT SJR\O[]l = SHO,", AS BROKD< UNES.
", ~ O{'~ PLOTTED fR~ INf'aUlAn~ ~::m. n-tAT tHIS PlAT WAS
~ ~.'~~ PRfl'1JUJ) IN A~'" 11TH c.s. 47-30 AS A>ID<llm ..na:ss
.:- 0 ...ot ~..., ~ :-,y ~QNAL SQiAn..rR(. ~"nClol WWBr:R NolD SOL ms
~:C::~Y} ~DAYor MH!:H .u>..20~.
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11111'11"\\\ R(\EW Cf'FlC(R"S CERnnCAlE
STATE cs: WMni CA.Ra..INA
COONTl' CE
L REW:W C>>TIa:R CF
CClJN TY a::R T1fY 1l1A T TI1E "'AI" OR PI..A T 10 Milot n-trs cr.R TIflCA nON L5
NTlXrr)" ..crrs AU. STATUTORY RE~TS fM RECOROtHG.

R['t1(W OfllCfR

DATE

DISTANCE
25.74'
23.93'
29.50'
28.8 '
,4.99'
36.94'
40.71'
,9.28'
".69'
14.22'
16.01'
2 .4,'
25.9r
23.6r
29.94'
29.4 .
8.94'
34.44'
35.19"
27.11'
31.70'

LEDGEND:
ER8 0
NR80

ElaSTING RE-BAR (roUND)
NEW RE-8AR (SET)

.,
.

NOTE:
'lOTS 48 ANO 49 DO NOT APPEAR TO BE IN FLOOD
HAZARD ZONE.

Plot Of Survey And 4D4 Location For

CHORD
20.4S'
60.90'
83. 0'
88.80'
186.4 '

GEORGE ROSE
UADE FRDU LOTS 48 AND 49, (2621 AIID 2625 WA lERSCAPE
DR.), SECTION TWO AND ll-iREE WAlERSCAPE SUBDI\1Sl0N,
(UAP BOOK 24, PAGES 26 AND 27), BRUNSI\1CK COUNTY,
NORll-i CAROUNA AND EXISTING PHYSICAl EVIDENCE.

BRUNSWICK

SURVEYING, INC

Thomes W, Mergen
Professional land Su("lleyor
North Carolina and South Carolina
1027 Sabbath Harne Rd., SW
Supply, North Carolina 28462

30 . 0
1'-30'~.
SCALE

[phone]

.30 60
,
FlIT

~)

~ 2OCS. SR'JN$'MO( SUR'RJ'lHG. lNC.

SCALE; 1. ~ 3D'

DAIT: 1-13-0S

SlGN _ E. U.s. ARMY CORPS ENGINEERS OFf(C1"" TInE DATE
EXPIRATION DATE OF DUJNEATION: ~~ fCZ" 2(1/0

USACE ACTION IDj(d D )"'-0 d :3.J 1

TO\\~SHIP: LOCKWOOD fOLLY fI

BOO 628-

COUNTY: BRUNSV~CK

fiLE: 05019

" R 'CAROUNA

JO'N:DS

Michael F. Easley, Governor

William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek} P.E., Director
Division or Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

May 5, 2005

CERTIFIED MAIL: 700...1160 000... ...620 3303
RETURN RECEIPT REQUESTED

Mr. George Rose
PO Box 53441
FayetteviIle, NC 28305
. ~[g@[gDW~ lID SUBJECT:
MAY {) 2005

DENR. WATEH QUALITY
WETLA,NDS mo STORM\VATER BRAI.'CH

PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Lot # ...9 Waterscape Drive
DWQ Project # 05-0663
Brunswick County

Dear Mr. Rose:

This Office has reviewed your pennit application and is placing your project on hold until we
receive the following additional infonnation:

1. Please include a copy/draft copy of the preservation language, restrictive covenants, deed
restrictions or deed notifications that wiIl protect the remaining wetlands on the property from
additional impacts. If preservation is required by the Corps, that is the language we wiIl
require, if not, the Division of Water Quality wiIl minimally require a deed notification to be
placed on the remaining wetlands;

2. Please provide a copy of the signed Jurisdiction Detennination signed by The Corps of
Engineers.

Please respond in v..Titing within three weeks of the date of this letter by sending a copy of the
infonnation to Joanne Steenhuis and to Cyndi Karoly, ...01 Oversight/Express Review Permitting
Unit, 2321 Crabtree Blvd., Raleigh, NC 2760"'-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
wiIl consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 395-
3900.

"'ZS.i ~..erc1Y'~~'J
/ / --~
/;11~ . . Jif1~ l~/.
'-' . oanne Steenhuis
, Environmental Specialist III

cc: Cyndi Karoly -401 Oversight
Tom FarreIl- Corps of Engineers Wilmington
Wes Fryar -Land Management Group
"'iRn

N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One

Ao Eq'" Opportooity/AHicm,U.. Moo Employee - 50% Rccyeled/1 0% Post Coosumer P,pee ~~~ ;r;}};a

on hold

1 of 1

Subject: on hold
From: Joanne Stecnhuis <[e-mail]>
Date: TIm, 05 May 2005 11 :50:04 -0400
To: "cyndi.karoly" <[e-mail]>, Laurie Dennison <[e-mail]>

The following project was placed on hold as of 5/5/05 (ain't too many times in a
lifetime we'll be able to do that)
Project # 05 0663 George Rose...hard copy of letter coming to you!

Happy Cinco de Mayo!

5/5/2005 12:42 PM

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

J. Steenhuis
FrI RAr.k

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name George Rose - \Vaterscape Dr Lot 49
Project Number 05 0663
Recvd From APP

County Brunswick
County2
Region \Vilmington

Received Date 4/18/05
Project Type Road crossing

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

INW18 I OTH I@Y ON I I 15-25 [SA I HQW 130,759. I 0.241
I 1 IOY ON I 1 r--I I I 1

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON
Is Mitigation required? 0 YON Recommendation: 0 Issue Olssue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 335513 Longitude (ddmmss) 781834

Comments:

This project was placed on hold for additional information on 5/5/05 JHS

cc:

Regional Office
Central Office

Page Number 1

Facility Name George Rose - Waterscape Dr Lot 49

County Brunswick

Project Number 05

0663

Regional Contact:
Date:

J. Steenhuis

Comments (continued from page 1):

cc:

Regional Office
Central Office

Page Number 2

Triage Check List

Date:

4/20/05

Project Name: George Rose - Waterscape Dr. Lot 49
DWQ#: 05-0663
County: Brunswicl{

To: Noelle Lutheran, Wilmington Regional Office

60-day Processing Time: 4/18/05 to 6/16/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream determination
D Wetland dctermination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D

D
D

Comments: As per our discussion regarding revision of the triage and delegation proccsses,
please revicw the attached file. Note that you are the first reviewer, so this file will need to be
rcviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask thc applicant to provide your requested information to both thc Central Office in
Raleigh as well as the Asheville Regional Office. As wc discussed, this is an expcrimcntal, interim
procedure as we slowly transition to elcctronic applications. Please apprise mc of any
complications you encountcr, whether relatcd to workload, processing timcs, or lack of a "second
rcviewer" as the triage process in Central had prcviously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the clectronic applications, lct me know.
Thanks!

. , ,

, f

Il!ClJU! u(lauafjeJueu! rJiOfrjtJ due.
eJl ritoJl meJllal reOJl,j((IUI JlIJ
jj)! ('i/'/!' jJ> ) - ) )
.J o,j "II (('C .,/lO.t' _J__
JlifJJliJl!l!O}l, .Aodlt r!(oo!iJl({ ;!8HJ2

!lUf'JI(;'/ dJwJ/(,/' rypcl' Jhtl.
./80.; ;J1i':f/'fJnlll' .r/f'l'Jl({l' mUfl' I.;
NiIJl/iIlY/OII, .;/ fa .!810.J

dYwJI(': 91{)-1';.!-OOOI

April 13, 2005

1fI~@~DP!l~
4PR 1 8 ~/j)
J:~ PfNb 2005
J::'l.Ij,l""~'I. ~l'-'h-o
1"""A.'ol) "'t::.R
sr%11~~/7y
BR.4.'/CH

,]:".1': .910-1';,2-00(lO
tf' '" '" .1Jl/Y io ((ft . II (l

TO: Mrs. Cyndi Karoly
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699

RE: 401 Watcr Quality Ccrtification Application for Mr. Georgc Rose;
Waterscape Subdivision, Lot 49, Holden Beach, Brunswick County, NC

Dear Cyndi:

Enclosed is a 401 Water Quality Certification application for your review. This
application is submitted on behalf of George Rose for a tract located off Waterscape Drive in
Holden Beach, Brunswick County, NC. The applicant proposes to fill approximately 1035 ft2 or
0.0238 acres of 404 wetlands for the purpose of providing access to the wcst side of the lot. In
thc site design of this project, the road crossing was placed in the narrowest spot available in
order to access the back of the lot.

The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. I have also sent the $200 application fee. Please contact me if you have any
questions. Thank you for your assistance with this project.

Sincerely,

1.N~ A. ~/-=-7
Wes Fryar
Wetland Technician

Encl.

C: Mr. George Rosc
Ms, Noellc Lutheran

'. .

APR-13-2005 12:18 FROM:GEORGE M ROSE

910-485-5823

TD:9104520060

P.002/002

AGENT DISCLOSURE FORNI

TO WHOM IT MAY CONCERN:

Iiwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
ptep4ration and representation of information rcll1tcd to the pamit applkatlou for the
Wo,te.or.s~ S/O,l I.o\- q~ +-'i9site. All questions in regards to this project should be directed
to Land MllODgemcnt Group, Inc.

Sincerely,

~/11. ~

I fApplicant . .

4/l~ I~~

Date

~a.lla :3~d

IN.3J8EliJ~

G9ge~gpa16 et:tt SG8~/Et/PG

~ [g@[gDW~ lID

APR 1 8 2005

Office Use Only:

DENR - WATER QUAliTY
\'iETtANOS NiD STORIl\\'ATER BRANCH

Form Version May 2002

USACE Action ID No. '2.00 S 003"2:. Y DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

1. Check all ofthe approval(s) requested for this project:
~ Section 404 Permit D
o Scction 10 Permit 0
~ 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or Gencral Permit Number(s) Requested: NWP 18

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposcd for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), comph:~te
section VIII and check here: D

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: D

II. Applicant Information

1. Owner/Applicant Information
Name: Mr. George Rose
Mailing Address: P.O. Box 53441
Favetteville. NC 28305

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr. Wes Fryar
Company Affiliation: Land Management GrouP. Inc.
Mailing Address: P.o. Box 2522
Wilmington. NC 28402

Telephone Number: [phone]
E-mail Address:[e-mail]

Fax Number: [phone]

Page 5 of 12

I, .'

III. Project Information

Attach a vicinity map clearly shO\ving 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 1 I 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 fmal 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: Waterscape Drive. Lot 49

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 231NC049

4. Location
County: Brunswick Nearest Town: Holden Beach
Subdivision name (include phase/lot number): Waterscape Drive
Directions to site (include road numbers, landmarks, etc.): Take Highwav 17 S to NC
Highway 130. Take Highway 130 S into Holden Beach to Seashore Road. Take a right onto
Seashore Road. Take a left onto Waterscape Drive. Lot will be on the right, iust before Little
Palm Court.

5. Site coordinates, if available (UTM or Lat/Long): 33.9206 N, 78.3098 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): 0.80 acres

7. Nearest body of water (stream/river/sound/ocean/lake): Intracoastal Waterway

8. River Basin: Lumber
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is undeveloped. Adiacent land use is undeveloped
or residential.

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to construct a road crossing in order to access the uplands on the west
side of the property. The wetlands will be culverted and fill material will be added in this
area. Additional material may be trucked in if needed. A track hoe and bulldozer will be used
to level spoil material. Silt fences will be used to reduce erosion into adjacent wetlands.

11. Explain the purpose of the proposed work: To build a road crossing to access the uplands
on the west side of the lot.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill 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 applicaple). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
404 wetlands were delineated on site by Ms. Kim Williams of Land Management Group, Inc.
Mr. Tom Farrell of the USCOE verified the line in January 2005. Wetlands on-site have been
surveyed. and maps have been sent to Tom Farrell for sign off.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.

VI. Proposed Impacts to Waters of the United States/Waters ofthe State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

Page 7 of 12

. '

1. Provide a written description of the proposed impacts:
The applicant proposes to impact approximately 0.0238 acre of 404 wetlands.

2. Individually list wetland impacts below:

Wctland Impact Arca of Locatcd within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acrcs) (yes/no) (linear feet)
1 Fill 0.0238 no 1000 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 hltn://www.fcma.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

*

***

List the total acreage (estimated) of all existing wetlands on the property: 0.31 ac
Total area of wetland impact proposed: 0.0238 ac

3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts

Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name * * of Stream Intennittent?
(indicate on map) (lincar feet) Before Impact (please specify)

List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gab ions, 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 strcam has no name, list as UT (unnamcd tributary) to the nearest
dov.nstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wWW.lISI:!S.I:!OV. Several internet sites also allow direct download and printing of USGS maps (e.g., www.torozonc.com.
www.marqllest.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: N/ A

Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)

*

List each impact scparately 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): D uplands D stream D 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 altemative, lower-impact
site layouts, and explain why these design options werc not feasible. Also discuss how impacts
were minimized once the desired sitc plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site design of this proiect. wetland impacts were avoided and minimized to the maximum
extent practicable. With careful site planning. the road crossing was placed in the narrowest spot
available in order to access the back of the lot.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.enr.state.nc.us/ncwetlands/strm gide.htm I.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to mitigate for wetland impacts bv offering an upland buffer on the
east side of the lot between Waterscape Drive and the wetlands. This buffer will be
equivalent to the amount wetland impact.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP web site at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Page 10 of 12

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes D 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 (NEP NSEP A)?
Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No D

If yes, has the document review been fmalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A

It ~s 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
(Neuse), 15A NCAC 2B .0259 (Tar-Parnlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identifY )?
Yes D 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 Multiplier Required
(square feet) Mitigation
I
2
Total

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration I Enhancement, Preservation or

Page II of 12

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the property. Total proposed impervious cover will
consist of a home with a driveway. which will be approximately 0.10 acre. or 12% of the total
site. The applicant will install silt fencing around the construction area to reduce erosion into
wetland areas.

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The lots will tie into the local sewer system.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (I5A NCAC 2H .0500) or any Buffer Rules?
Yes D No [2]

Is tlus an after-the-fact permit application?
Yes D No [8]

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

--w~ A.~~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

'-f/I'7../a~
,

Page 12 of 12

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Map Source: Delorme: North Carolina Atlas and Gazetteer., 1997 p. 86.

~

SCALE 1" = 2 miles

Waterscape Subdivision
Mr. George Rose
Brunswick County, NC

40-04-673

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
November 2004

Site Location

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Map Source: Holden Beach, N.C., 1990, USGS 7.5' Topographic quadrangle.

I
SCALE 1" = 600'

Waterscape Subdivision
Mr. George Rose
Brunswick County, NC

40-04-673

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
November 2004

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Map Source: Brunswick County GIS database..

SCALE 111 = 600'

Waterscape Subdivision
Mr. George Rose
Brunswick County, NC

40-04-673

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C"I
November 2004 I
I I

Generalized Soils
Map /,

I'

L.VI "TV
(VACANT LOT)
19760 S.F

404 \'.ETLANO UN[
fLAGGED BY THE
U.S.A.C.E
LOCA TED 1/13/05

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WATERSCAPE SUBDIVISION
MAP BOOK 24, PAC[ 26

LI2

11

12

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N86'1l3'39"[ 241.19'

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SECTION TWO
WATERSCAPE SUBDIVISION
"AP BOOK 24. PAGE 27

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LOT 49
(VACANT LOT)
3-4781 SF

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LOT 50

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SCALE 1" = 50'

George Rose
Sycamore Partners
Waterscape SID, Lot 49
Brunswick County
40-04-673

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
April 2005

Site Plan Showing
Wetland Impacts

Permit Application
I
l

0+10'

0+5'

Proposed culvert

0+0'

0+0'

lYpical Cross-Section of Access Driveway

18'-wide impact u

10'-wide road
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0+10'

0+15'

lYpical Profile of Access Driveway

Proposed Grade- -----

Existing Grade

~ 24" pipe culvert

NOT TO SCALE

NOTE: Final culvert specifications to be determined by project engineer.

George Rose
Sycamore Partners
Waterscape SID, Lot 49
Brunswick County. NC

Permit Application

Land Management Group, Inc.
Environmental Consultants
Wilmington, NC
April 2005

0+20'

Proposed Grade

Existing Grade

0+25'

Horizontal: 1" = 5'
Vertical: 1" = 5'

Typical Road
Cross-Sections

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LOT 20

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LOT 22

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WHISPERING HEIGHTS
tu.P BOCK ~ PMiE. 71

LOT 23

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LOT 24

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LOT 28

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SECllON THREE
WATERSCAPE SUBDI'JISfON
YAP IIOCl( 24, PMiE. 28

N86"llS39"E 241.19'

SECllON TWO
WATERSCAPE SUBDI\JISlON
YAP llOOK 24, PAGE 27

LOT 49
(VACANT lOT)
.34 781 SF

N86'OS10"E 18496'

LOT 50

N86-'7'E 2~1.26'

LOT 48
(VACANT lOl)
19780 S.F

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\/IONlTY MAP

NOT TO SCAlf

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$' 9:-.... ~SIO ~ -. Pf1D'N1DJ" AllClIlDAIllZ ..... c.s. "->0 AS __ .llICSS
~ 0 'ot ~? ~ J1"'MIL SlGNA'lJIlE _"""_..- ...0 Sl:Al. -
:-~ ~ ~ ~DAY" ~ A.D..~
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:. \,tI41. = ~.~L:tU"rUO

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~ ~n.e~ SEAt. 01 $TAIifI
""I, L.. GJT:..\\'~
"'1111I"'\\ -- cmcDI'5 CER1lflCA1t

stATE OF tOtH CAIKl..IrIA
CQl.I<1Y 01
L ~_(f
CCUCTY. COt1lFY lKAt 'It( MAP C. fIlAT 10 'MIlCH HI CftIlACA'IUW IS
.tIfOlO) was ALl. St..nnatY ~IS rat IIBXIDIG.

........omaR

OAt[

UNE
Lt
12
LJ
l4
L5
LS
l7
lB
19
LtO
Ul
U2
UJ
LI4
U5
US
U7
l18
L19
L20
121

UNE TABLE
BEARING OlST ANCE
74'llO'00"" .,. 74'
.20'5ll'59.W 2:1 03'
1:1&'48'3g"", ~.'iO'
43"3"24"", 2R 8"-
.'TIl6'54.W 14 gg'
"".,7"54 J/l.94'
...nJ T ~..,,'
Nl . 19.28'
NO" " '60'
N" '4" , 2"
...". '0" m:._
........ 4' .
=""''''03. T
...R8",,,'37" J.6 '
Sll """A~ 29.
"16'3" L3"" .4 '
",~"""n""'"
~".w
~"...I
"43'23'35".1 7.
o;ng'4Il'I"..1

NOTE:
"LOTS 48 AND 411 00 NOT APPE.4R TO BE IN ROOD
HAZARO ZONE

lEDGENll:
ERB 0
HRll 0

EXisTING RE-lIAA (FOUNO)
NEW RE -BAA (SET)

Plct Of Sut\-ey And 404 toealion For

GEORGE ROSE
IIADE FROII LOTS 48 AND 49. (2621 ...NO 262!l WATERSCAPE
DR.), SEenCH TWO AND TkR[f WATERSCAPE SUBOtVlSlON.
(1I.Af' BOOK 24. PAGES 26 AND 27), BRUNSMCK COUNTY
NORTH CAllQUjA AND EXlSI1NG PHYSICAl.. EWlENCE

CURVE TA!ll.E
CURVE LENGTH TANGO/T RADIUS DELTA BEARING CHalO
CI ?11 45' I ,,' ,Ea.'A' O"2:'.l- .n.... '". 20......
C2 6n.o" ...0' 713' 5'4' . 06'4 31" 60.<10'
CJ .'RT 4 00' 11 " "1'54' . I R'M'
C4 88.8T 52' 07.13' A.,: I . I. '36 ARM'
CS 'A7'~' 4 ,,. >1,,' IT ',~" I~', '3g" 186.2'

BRUNSWICK
SURVEYING, INC

Thomos W. Uorgon
Profession'" land Su","~
NortI\ Corcl;no and South Corcl..o
1027 Sabboth Home Rd., SW
SUpply, North CoroIlno 28462 [phone]

30 0 30 50--
1':50~
SCAU Rn

THIS CERTJf1ES THAT THIS PI./. T ACCOR...1El Y DEPICTS THE
BOUNDARY Of" THE .ullSOlCliON or SEcnON 404 or THE: ClEAIl
WAlIR ACT PURSUANT TO THE 1987 CORPS or ENGiNEERS
DEUNEA nON 1lANUAl.. AS OETERUlHED BY THE UNDERSIGNED ON
THIS DATE UNtLSS THERE IS A CHANGE IN THE l,f.W OR OUR
PUBUSHED REGul,f. TlONS. THIS DETERUlNA TION I.IA Y BE ROJED
UPON FOR A PERIOD or fiVE '!EARS fROU THIS DATE. ISOlATED
'toET\.1.NDS OR ....TEIlS THAT ARE OUT Of CORPS .lJRlSDICTION
HAVE IIUH l/.IIELED ON THE SURVEY

OATE

C>~ BRIMSOItX. 5Ul\C1'l<C" IHC

SIGNATURE U S ARIIY CORPS ENGlNEERS OffIOAl. nlLE
EXPIRA llON DATE or DEUNEA liON.
USACE ACTION lO;

SCALE: 1" a JO'

DATE: 1-13-05

TOWHSH1P: LOCKWOOD fOUY

FlEl.D BOOK: 628-26

COUNTY: BRUNSWiCK
i ~TA 'iiI: NalifH CoM-lOllNA

fILE: 050'19

JOB NO.: 0S019

LAND MANAGEMENT GROUP, INC.
ENVIRONMENTAL CONSULTANTS
North Carolina Division of Water Quality

Date Type Reference
04/13/2005 Bill Application Fee

Original AmI.
200.00

4/13/2005

Balance Due Discount
200.00
Check Amount

!1--18-05

Coastal Federal Bank

401 Water Quality Application Fee J.fo-OL/-1tJ 13 LoT J.Jq Q. ~S e.

24920

Payment
200.00
200.00

200.00
\

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