20050911 Ver 1_Complete File_20050525

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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly, Express Permit Coordinator
NC Division of Water Quality, Raleigh
From: Steve Everhart A5A4.9
Southeastern Permit Coordinator
Habitat Conservation Program
Date: June 27, 2005
RE: Tina Foti, 404/401(Issued) - Revised PCN, 624 Dogwood Lane, New Hanover County
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject application for
impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and 404of the Clean
Water Act (as amended).
The applicant is changing the location of the driveway, increasing the stream impact length from to 20 feet and the 404
wetlands impact to 0.036 AC.
The NCWRC does not wish to comment on this change. Thank you for the opportunity to review and continent on this
application. If you have any questions or require additional information, please call me at [phone].
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
?QF W ATF9Q Michael F. Easley, Governor
?O G William G. Ross, Jr., Secretary
_co r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 23, 2005
Ms. Tina Foti
421 Shuney Street
Wilmington, NC 18409
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
624 Dogwood Lane, Wilmington
DWQ Project # 050911
New Hanover County
Dear Ms. Foti:
This 401 Water Quality Certification replaces the Certification issued to you on June 13, 2005. You
have our approval, in accordance with the attached conditions (WQC #3404), to do the following activity
at your property located at 624 Dogwood Lane in Wilmington, New Hanover County. This approval
allows you to:
1. Fill 0.036 acres of Section 404 Wetlands and 20 linear feet of stream for the purpose of
constructing a driveway and culvert to provide access to a single-family residence.
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) application received by the Division of Water Quality (DWQ) on May 25, 2005, and
additional infonnation received on June 16, 2005. After reviewing your application, we have determined
that General Water Quality Certification Number 3404 covers this activity. This Certification (#3404)
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 Stor nwater. 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 on the following page:
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Afanual.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.encstate.nc.us One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10.. Post Consumer Paper NorthCarolina
.111atia-alll/
Ms. Foti ' 2
DWQ Project #050911
June 23, 2005
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Afanual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project;
2. 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 Preconstruction 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;
3. A culvert must be installed as shown on the detail provided with the Pre Construction Notification
application submitted on May 23, 2005;
4. 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 401/Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650;
5. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective streamside buffers on the adjacent property in order to assure compliance for
future wetland and water impact. These mechanisms shall be put in place and submitted to this
office prior to construction of the proposed drive.
Please notify the Wilmington Regional Office at [phone]) if any problem arises during the
construction of the project that may affect water quality.
Please read the attached conditions. 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 # 050911. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,
(,<
Alan W. Klimek, P.E.
-` Director, Division of Water Quality
D
Attachments: WQC # 3404 Certificate of Completion
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cc: Jennifer Frye - Corps of di Karoly - 401/Wetland tUnit, Central Officeield Office STQ ?Bry
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Noelle Lutheran - WiRO'Cy
Kim Williams - Land Management Group
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 28.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 213 .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II),
2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina , April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;
WQC #3404
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel, to the
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404
DWQ Project No.
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
Certification of Completion
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
County:
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
Re: Tina Foti Dogwood Ln DWQ 050911
Subject: Re: Tina Foti Dogwood Ln DWQ 050911
From: Noelle Lutheran <[e-mail]>
Date: Wed, 22 Jun 2005 16:04:41 -0400
To: Laurie Dennison <[e-mail]>
They made a mistake. Electrical stuff in the way of original design. I plan to
reissue the 401 this week. Just note on BIMS that new info received on 6/20/05.
Thanks,
Noelle
Laurie Dennison wrote:
Noelle:
Recvd 401 approval ltr dated 6/13/05 (today 6/22); however we received a revised
PCN on 6/20/05 that was sent your way directly by Land Management Group. Their
letter is dated 6/16/05.
Original impacts were 0.02 wetlands & 18 LF stream - 401 approval letter shows
same
Revised impacts were 0.04 wetlands & 20 LF stream
I won't be able to change anything in dbase until Monday due to BIMS conversion.
Just let me know what's up.
Thanks,
Laurie
1 of 1 6/22/2005 4:52 PM
RE: Tina Foti Dogwood Ln DWQ 050911
Subject: RE: Tina Foti Dogwood Ln DWQ 050911
From: Laurie Dennison <[e-mail]>
Date: Wed, 22 Jun 2005 14:00:01 -0400
To: Noelle Lutheran <[e-mail]>
Noelle:
Recvd 401 approval ltr dated 6/13/05 (today 6/22); however we received a revised PCN
on 6/20/05 that was sent your way directly by Land Management Group. Their letter is
dated 6/16/05.
original impacts were 0.02 wetlands & 18 LF stream - 401 approval letter shows same
Revised impacts were 0.04 wetlands & 20 LF stream
I won't be able to change anything in dbase until Monday due to BIMS conversion.
Just let me know what's up.
Thanks,
Laurie
1 of] 6/22/2005 2:00 PM
Triage Check List
Date: 6/21/05
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 6/20/05 to 8118105
From: Cyndi Karoly Telephone: [phone]
Project Name: Tina Foti
DWQ#: 05-0911
County: New Hanover
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
More info received 6/20/05 - new impacts
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!
F W ArF
q pG
O?o Michael F. Easley, Governor
William G. Ross, Jr., Secretary
r- North Carolina Department of Environment and Natural Resources

C Alan W. Klimek, P.E. Director
Division of Water Quality
June 13, 2005 19 '@a 190 W D
D
Ms. Tina Foti
421 Shuney Street JUN 2 2 2005
Wilmington, NC 18409 DENR - WATER QUALITY
WETWZS AND STMA VATER BRANCH
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
624 Dogwood Lane, Wilmington
DWQ Project # 050911
New Hanover County
Dear Ms. Foti:
You have our approval, in accordance with the attached conditions (WQC #3404), to do the following activity
at your property located at 624 Dogwood Lane in Wilmington, New Hanover County. This approval allows you
to:
1. Fill 0.018 acres of Section 404 Wetlands and 18 linear feet of stream channel for the purpose of
constructing a driveway and culvert to provide access to a single-family residence.
This approval is only valid for the purpose and design that you described in you Pre-Construction Notification
(PCN) application received by the Division of Water Quality (DWQ) on May 25, 2005. After reviewing your
application, we have determined that General Water Quality Certification Number 3404 covers this activity. This
Certification (#3404) 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:
Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service 1-877623-6748
FAX [phone] Internet h2o.enr.state.nc.us
NthCarolina
onr
,Vafurally
Ms. Tina Foti
DWQ project # 050911
June 13, 2005
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project;
2. 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 Preconstruction 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;
3. A culvert must be installed as shown on the detail provided with the Pre Construction Notification
application submitted on May 23, 2005;
4. 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 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650;
5. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective streamside buffers on the adjacent property in order to assure compliance for future
wetland and water impact. These mechanisms shall be put in place and submitted to this office prior to
construction of the proposed drive.
Please notify the Wilmington Regional Office at [phone]) if any problem arises during the
construction of the project that may affect water quality.
Please read the attached conditions. 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 # 050911. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincere, ,
Alan W. Klimek, P.E.
Director, Division of Water Quality
Attachments: WQC # 3404
Certificate of Completion
cc: Jennifer Frye - Corps of Engineers Wilmington Field Office
Cyndi Karoly - 401/Wetland Unit, Central Office
Noelle Lutheran - WiRO
Kim Williams - Land Management Group
Page 2 of 2
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION. MAINTENANCE
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 26 .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 213.0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
5. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-II),
213 .0214 (WS-III) and 213 .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases. in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina , April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;
WQC #3404
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel, to the
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
County:
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 40liWetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
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June 16, 2005
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
,Y/c)re: 910-452-0001
Jai;: 9>0-452-0060
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RE: Revised 401 Water Quality Certification Application for Tina Foti; 624 Dogwood Lane
New Hanover County, NC
DWQ Project # 050911
Dear Noelle:
Enclosed is a revised 401 Water Quality Certification application for your review. This application is
submitted on behalf of Ms. Tina Foti for a 0.43-acre lot located off ofDogwood Lane in Wilmington, NC. The
original application was submitted on May 23, 2005 and requested 0.018 acre of wetlands and 18 LF of stream
impact associated with a road crossing. A 401 permit was issued on June 13, 2005. However, it was recently
determined that a utility pole and a fire hydrant exist directly in front of this proposed crossing. Therefore, we
have revised the site plan and shifted the crossing southward approximately 25' in order to avoid these
structures. Because we can no longer utilize existing uplands along the northern property line, the overall
impact has increased to 0.036 acre of wetland impacts and 20 LF of stream impacts. We ask that you revise the
401 permit to reflect these increased impacts.
The revised pages of the Pre-Construction Notification form and the revised site plan are enclosed for
your review. Please review this information and let me know if you have any questions. Thank you for your
assistance with this project.
Sincerely,
Viva
Kim Williams .
Wetland Scientist
Encl.
U@/;;?g0v@
D
JUN 2 0 2005
`ti DENR - W47ER Q?
E11A1dDS<Wp STp,WA WATER SWICH
Cc: Ms. Tina Foti
Ms. Cyndi Karoly, DWQ
Ms. Jennifer Frye, ACOE
Dogwood Lane
- - Stream
404 Wetlands
%?j Proposed Wetland Impacts (1568 sf; 0.036 ac)
Proposed Stream Impacts (20 LF)
V--?
SCALE I"= 40'
624 Dogwood Lane Land Management Group, Inc.
Ms. Tina Foti Environmental Consultants Revised site plan showing proposed New Hanover County, NC Wilmington, N.C. wetland and stream impacts.
May 2005; revised June 2005
••?••• s • ••? ..?...?. , r.xisung mgn iransmissien
Utility Line
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.036 acre of 404 wetlands and 20 LF of stream for a road
crossing.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain* *
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill/culvert 0.036 no adjacent 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://hr-Nvw.fema..Qov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if ,.wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.18 acre
Total area of wetland impact proposed: 0.036 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
1 culvert 20 UT of Hewletts Creek 3' Perennial

* 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/straightcning, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
alvw.mipquest.coin, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20 LF
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: 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
Describe the method of construction (e.g., dam/embankment, excavation,
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site design of this project, wetland impacts were minimized to the maximum extent
practicable. However, 404 wetlands exist along the entrance of the lot, off of Dogwood Lane. In
order to provide access to the lot, a small road crossing is needed. The original site plan
attempted to cross the wetlands along the northern property line in order to utilize existing
uplands. However, it was discovered that a fire hydrant and a high voltage utility line exist
directly in front of this area. Therefore, the applicant must cross just south of these structures. An
18" culvert will be used at the crossing to provide passage of water and aquatic resources. It
should be noted that the applicant contacted the adjacent property owner to inquire about using
their existing access road located to the southwest, but the property owner declined.
? wetlands
installation of
Page 9 of 12
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
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmeide.htm 1.
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 0.036 acre of wetland impact and 20 LF of stream impact, the applicant
proposes to preserve 0.144 acre of wetlands and 78 LF of stream on site.
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://li2o.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):
Pale 10 of 12
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June 16, 2005
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Jllone: 910-452-0001
Jar: 910-,;52- 0060
rcrcre.611pCIVI.Jrel
RE: Revised 401 Water Quality Certification Application for Tina Foti; 624 Dogwood Lane
New Hanover County, NC
DWQ Project # 050911
Dear Noelle:
Enclosed is a revised 401 Water Quality Certification application for your review. This application is
submitted on behalf of Ms. Tina Foti for a 0.43-acre lot located off of Dogwood Lane in Wilmington, NC. The
original application was submitted on May 23, 2005 and requested 0.018 acre of wetlands and 18 LF of stream
impact associated with a road crossing. A 401 permit was issued on June 13, 2005. However, it was recently
determined that a utility pole and a fire hydrant exist directly in front of this proposed crossing. Therefore, we
have revised the site plan and shifted the crossing southward approximately 25' in order to avoid these
structures. Because we can no longer utilize existing uplands along the northern property line, the overall
impact has increased to 0.036 acre of wetland impacts and 20 LF of stream impacts. We ask that you revise the
401 permit to reflect these increased impacts.
The revised pages of the Pre-Construction Notification form and the revised site plan are enclosed for
your review. Please review this information and let me know if you have any questions. Thank you for your
assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
JUN 2 0 2005
"ETU t DS AND ORTT AVATERIBUtH
Cc: Ms. Tina Foti
Ms. Cyndi Karoly, DWQ
Ms. Jennifer Frye, ACOE

N 2 j 1111
- WATER Ulu,...
1,ND STOMVATER
Dogwood Lane
- - Stream
404 Wetlands
Proposed Wetland Impacts (1568 sf; 0.036 ac)
•• Proposed Stream Impacts (20 LF)

SCALE 1" = 40'
624 Dogwood Lane Ladd Alanagenlent Group, Li!c.
Ms. Tina Foti Environmental Consultants Revised site plan showing proposed
New Hanover County, NC Wilmington, N.C. wetland and stream impacts.
May 2005; revised June 2005
.,._....=b • u? •-???•?? Existing reign trans nisston
Utility Line
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.036 acre of 404 wetlands and 20 LF of stream for a road
crossing.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain* *
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland*
1 Fill/culvert 0.036 no adjacent 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:/hv-Nvw.fema.2ov.
*** 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: 0.18 acre
Total area of wetland impact proposed: 0.036 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )
1 culvert 20 UT of Hewletts Creek 3' Perennial

* 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
wNVw.uses.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., w-,vw.topozone.com,
www.mapquest. coin , etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 20 LF
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name Waterbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A .
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site design of this project, wetland impacts were minimized to the maximum extent
practicable. However, 404 wetlands exist along the entrance of the lot, off of Dogwood Lane. In
order to provide access to the lot, a small road crossing is needed. The original site plan
attempted to cross the wetlands along the northern property line in order to utilize existing
uplands. However, it was discovered that a fire hydrant and a hiPh voltalze utility line exist
directly in front of this area. Therefore, the applicant must cross just south of these structures. An
18" culvert will be used at the crossing to provide passage of water and aquatic resources. It
should be noted that the applicant contacted the adjacent property owner to inquire about usiniz
their existing access road located to the southwest, but the property owner declined.
Page 9 of 12
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
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://l12o.enr.state.nc.us/ncwetiands/stnngide.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 0.036 acre of wetland impact and 20 LF of stream impact, the applicant
proposes to preserve 0.144 acre of wetlands and 78 LF of stream on site.
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):
Ainount of Riparian wetland mitigation requested (acres):
Page 10 of 12
Triage Check List
Date: 5/26/05 Project Name: Tina Foti
DWQ#: 05-0911
County: New Hanover
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 5125105 to 7/23/05
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

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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May 23, 2005
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
R B
MAY 2 5 2005
DENR - WATER QUALI i r
WETLANDS AND STORMATER BRAI:CH
RE: 401 Water Quality Certification Application for Tina Foti; 624 Dogwood Lane
New Hanover County, NC
Dear Noelle:
Enclosed is a NWP 14 application for your review. This application is submitted on behalf of Ms. Tina
Foti for a 0.43-acre lot located off of Dogwood Lane in Wilmington, NC. The applicant is proposing to build a
home within the site. Although she has attempted to minimize impacts through careful site design, wetlands and
a stream exist along Dogwood Lane. A road crossing will impact 0.018 acre of wetlands and 18 LF of stream.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review.
Please review this application and let me know if you have any questions. Thank you for your assistance with
this project.
Sincerely,
W
Kim Williams
Wetland Scientist
Encl.
Cc: Ms. Tina Foti
Ms. Cyndi Karoly, DWQ
Ms. Jennifer Frye, ACOE
Rf-Z-3@[R0W[RB
MAY 2 6 2005
WATER DUALITY
Office Use Only: V"ET t1D'"""Q+.'Torm ersio,Nhy2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Ms. Tina Foti
Mailing Address: 421 Shuney Street
Wilmineton. NC 28409
Telephone Number: (910 512-0977 Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsoa?lmgroup.net
Page 5 of 12
III. Project Information
3
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: 624 Dogwood Lane
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN): 6210-002-024-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): From Oleander Drive, turn onto
Dogwood Lane. Lot will be on right, before intersection with Brittain Drive (see vicinity
5. Site coordinates, if available (UTM or Lat/Long): 34.2034°N 77.8570° 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): 0.43 acre
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Hewletts Creek
8. River Basin: Cane 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/admiii/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is currently undeveloped. Surrounding land use is
residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
The applicant proposes to construct one home and an access driveway within this property. A
track hoe and bulldozer will be used to truck in and level spoil material. A culvert will be
installed at the wetland/stream crossing. Culvert specifications to be determined by the
engineer. Silt fences will be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: To provide access to uplands located within the
lot.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Land Management Group, Inc. delineated the 404 wetlands within the lot on May 12, 2005. The
preliminary wetland line has been surveyed but not yet approved by the U.S. Army Corps of
En,gineers. Data sheets and maps of the site have been sent to Ms. Jennifer Frye of the USACE
for her review.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.018 acre of 404 wetlands and 18 LF of stream for a road
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill/culvert 0.018 no adjacent Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.18 acre
Total area of wetland impact proposed: 0.018 acre
3. Individually list all intermittent and perennial stream impacts below:
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?
especify)
1 culvert 18 UT of Hewletts Creek 3' Perennial

* 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.uscsgov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
Nrww.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 18 LF
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name of ody
(if applicablecable) Type of Waterbody
(lake, pond, estuary, sound
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site design of this Droiect, wetland impacts were minimized to the maximum extent
practicable. However, 404 wetlands exist along, the entrance of the lot, off of Dogwood Lane. In
order to provide access to the lot, a small road crossing is needed. The current site plan was
selected because it crosses the wetlands at the narrowest point and utilizes existing uplands. An
18" culvert will be used at the crossing to provide passage of water and aquatic resources. It
should be noted that the applicant contacted the adjacent property owner to inquire about using
their existing access road located to the southwest, but the property owner declined.
Page 9 of 12
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
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://h2o.enr.state.nc.us/ncwetiands/strm?,,ide.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 0.018 acre of wetland impact and 18 LF of stream impact, the applicant
proposes to preserve 0.162 acre of wetlands and 80 LF of stream on site.
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.ne.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):
Page 10 of 12
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
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitication
1
2
Total
Zone 1 extends out jU feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious cover currently exists within the property. The proposed project will create
approximately 4000 sf of impervious cover, or 21% of the entire 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 applicant will tie into the County sewer line.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

S/23/or
Applicant/Agent's Signature Iiate'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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624 Dogwood Lane Land Management Group, Inc.
Environmental Consultants
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New Hanover County, NC Wilmington, N.C.
May 2005
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624 Dogwood Lane Land Management Group, Inc. Topographic map. Site located
Ms. Tina Foti Environmental Consultants within the Wrightsville Beach
Wilmington, N.C.
New Hanover County, NC quadrangle.
May 2005
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Ms. Tina Fn Wilmington, N.C. New Hanover County.
New Hanover County, NC May 2005
Dogwood Lane
Preliminary Stream
Preliminary 404 Wetlands
Proposed Wetland Impacts (768 sf)
Proposed Stream Impacts (18 LF)

SCALE V = 40'
NOTE: Wetland survey has not yet been approved by the Corps. Depicted location is preliminary.
624 Dogwood Lane Land Management Group, Inc.
Ms. Tina Foti Environmental Consultants Site plan showing proposed
New Hanover County, NC Wilmington, N.C. wetland and stream impacts.
May 2005
Typical Cross-Section of Access Driveway
0+20'
0+10' 1
Proposed
20'-wide impact
12'-wide road
2 Proposed Grade
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Utilities Sewer water main
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Vertical: 1" =10'
Typical Profile of Access Driveway
Proposed Grade 1
Vert
Existing Gra(
Utilities
NOTE: Final culvert specifications to be determined by project engineer.
624 Dogwood Lane Laud Alanabenient Group, Inc.
MS. Tina FOtI Environmental Consultants Typical Road
New Hanover County, NC Wilmington, NC Cross-Sections
Permit Application May 2005
NOT TO SCALE
05/20/2005 10:57 9104520050 LANUWANAbEMENI ram till 12
AGENT AUTHORIZA,TIUN FORM
TO WHOM IT MAY CONCERN:
T/we, the undersigned, hereby authorize Land Managerncnt Group, Inc. to act as our agent in the
preparation and representation oFinformation related to the pcrznit application for rite lot locatcd
at 624 Dogwood Lane in Wilmington, NC. All questions in regards to this project should be
dirceted to Land Managcment Group, Inc.
Sincerely,
Owncr/Applicant
--?-A)6 mS
Dat
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gcrcite,y %3tancl C11ce 6par? ??oue: 9>0-452-000J
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0X1jnirtyfrui, 117284'03 rcrcrv.tiu?tarr?i.?rc?
May 23, 2005
TO: Ms. Noelle Lutheran ? ? D
Division of Water Quality MAY 25 2005
127 Cardinal Drive Extension
Wilmington, NC 28405 DENR • WATE2 QUALi i
t',zTl.ht# 3 NO 8TORM WATER BRANCH
RE: 401 Water Quality Certification Application for Tina Foti; 624 Dogwood Lane
New Hanover County, NC
Dear Noelle:
Enclosed is a NWP 14 application for your review. This application is submitted on behalf of Ms. Tina
Foti for a 0.43-acre lot located offofDogwood Lane in Wilmington, NC. The applicant is proposing to build a
home within the site. Although she has attempted to minimize impacts through careful site design, wetlands and
a stream exist along Dogwood Lane. A road crossing will impact 0.018 acre of wetlands and 18 LF of stream.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review.
Please review this application and let me know if you have any questions. Thank you for your assistance with
this project.
Sincerely,
?W
Kim Williams
Wetland Scientist
Encl.
Cc: Ms. Tina Foti
Ms. Cyndi Karoly, DWQ
Ms. Jennifer Frye, ACOE

109@MV4
MAY 2 5 2005
2002
Office Use Only: oEtR- O t tivta y
ST
V
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: F-1
II. Applicant Information
Owner/Applicant Information
Name: Ms. Tina Foti
Mailing Address: 421 Shuney Street
Wilmington, NC 28409
Telephone Number: (910 512-0977 Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ms. Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliamsnlmeroun.net
Page 5 of 12
f
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: 624 Dogwood Lane
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 6210-002-024-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): From Oleander Drive, turn onto
_wood Lane. Lot will be on rieht, before intersection with Brittain Drive (see vicinity
Dog
5. Site coordinates, if available (UTM or Lat/Long): 34.2034°N 77.8570° 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): 0.43 acre
7. Nearest body of water (stream/river/sound/ocean/lake):
UT of Hewletts 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/adniin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is currently undeveloped. Surrounding land use is
residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Page 6 of 12
The applicant proposes to construct one home and an access driveway within this property. A
track hoe and bulldozer will be used to truck in and level spoil material. A culvert will be
installed at the wetland/stream crossing. Culvert specifications to be determined by the
engineer. Silt fences will be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: To provide access to uplands located within the
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Land Management Group, Inc. delineated the 404 wetlands within the lot on May 12, 2005. The
preliminary wetland line has been surveyed but not yet approved by the U.S. Army Corps of
Engineers. Data sheets and maps of the site have been sent to Ms. Jennifer Frye of the USACE
for her review.
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.
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, pennanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.018 acre of 404 wetlands and 18 LF of stream for a road
crossing.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill/culvert 0.018 no adjacent 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://,.vNvw.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.18 acre
Total area of wetland impact proposed: 0.018 acre
3. Individually list all intermittent and perennial stream impacts below:
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?
specify)
1 culvert 18 UT of Hewletts Creek 3' Perennial

* 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, ditch ing/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
wxvw.uses.f?ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.coin , etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 18 LF
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wate)
(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/embankinent, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site desian of this nroiect. wetland impacts were minimized to the maximum extent
practicable. However, 404 wetlands exist along the entrance of the lot, off of Dogwood Lane. In
order to provide access to the lot, a small road crossing is needed. The current site plan was
selected because it crosses the wetlands at the narrowest point and utilizes existing uplands. An
18" culvert will be used at the crossing to provide passage of water and aquatic resources. It
should be noted that the applicant contacted the adjacent property owner to inquire about using
their existing access road located to the southwest, but the property owner declined.
Page 9 of 12
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
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm?llide.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 0.018 acre of wetland impact and 18 LF of stream impact, the applicant
proposes to preserve 0.162 acre of wetlands and 80 LF of stream on site.
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.ne.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):
Page 10 of 12
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 (federaUstate) funds or the use of public
(federaUstate) 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 213 .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
2
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.
Page 11 of 12
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)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious cover currently exists within the property. The proposed project will create
approximately 4000 sf of impervious cover, or 21% of the entire site. The applicant will install
silt fenciniz 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 applicant will tie into the County sewer line.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
In/k, S /Z3 toS
Applicant/Agent's Signature Iiate'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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SCALE 1" = 2.4 miles
624 Dogwood Lane Ladd Management Group, Inc.
Environmental Consultants
Ms. Tina Foti Wilmington, N.C. Vicinity map.
New Hanover County, NC May ton,
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624 Dogwood Lane Land Management Group, Inc. Topographic map. Site located

Ms. Tina Foti Environmental Consultants
within the Wrightsville Beach
Wilmington, N.C.
on,
New Hanover County, NC quadrangle.
I May
2005
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624 Dogwood Lane Land Management Group, Inc.
Environmental Consultants SCS soils map for
Coun oun Wilmington, N.C. New Hanover County.
New Ms. Ti Hanover Tina
County, NC May 2005
Dogwood Lane
•• Preliminary Stream
j Preliminary 404 Wetlands
Proposed Wetland Impacts (768 so
•• Proposed Stream Impacts (18 LF)
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SCALE 1" = 40'
NOTE: Wetland survey has not yet been approved by the Corps. Depicted location is preliminary.
624 Dogwood Lane Land Management Group, Inc.
Ms. Tina Foti Environmental Consultants Site plan showing proposed
New Hanover County, NC Wilmington, N.C. wetland and stream impacts.
May 2005
Typical Cross-Section of Access Driveway
0+20'
0+10'
20'-wide impact
12'-wide road
z z Proposed Grade
Proposed culvert `?,, &/
Z r P"\ Existing Grade
o
Utilities Sewer Water main
0+0' L-
0+0'
0+5' 0+10' 0+15' 0+20' 0+25'
Horizontal: 1" = 5'
Vertical: 1" =10'
Typical Profile of Access Driveway
Proposed Grade
I; IS" pipe Iculvcrt
Existing Grade
Utilities
NOT TO SCALE
NOTE: Final culvert specifications to be detennined by project engineer.
624 Dogwood Lane La id Alaitabetttent Group, Lte.
Ms. Tina Foti Environmental Consultants Typical Road
New Hanover County, NC Wilmington, NC Cross-Sections
Permit Application May 2005
05/20/2005 10:57 9104520050 LANUMANAbtP"I rAU-1 U21 12
AGENT AUTHORIZATION FORM
TO WHOM TT MAY CONCERN:
I/we, the undersigned, hereby authorize hand Manageznent Group, Inc. to act as our agent in the
preparation and representation of information related to the permit application for Nic lot located
at 624 Dogwood Lanc in Wilmington, NC. All questions in regards to this project should be
directed to Laud Management Group, Inc.
Sincerely,
Owncr/Applicant
Dat
100 'd WeLS:Oi SO/OZ/SO etSIOSEOTS S3INHdW03 A31S8CM

LAND MANAGEMENT GROUP, INC.
ENVIRONMENTAL CONSULTANTS
North Carolina Division of Water Quality
Date Type Reference
05/20/2005 Bill Permit Fee
Coastal Federal Bank 401 Water Quality Certification Fee
Original Amt.
200.00
4o-e.5-3a1
T" n4 ro-r
5/20/2005
Balance Due Discount
200.00
Check Amount
25169
Payment
200.00
200.00
200.00
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