20051157 Ver 1_Complete File_20050629

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Michael F. Easley, Governor

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

Alan W. Klimek) P.E., Director
Division or Water Quality
Cole en H. Sullins, Deputy Director
Division of Water Quality

December 7, 2005

Mr. Glen D. Stygar, Registcred Agent
Sunco Homes
4509 Crcedmoor Rd~Suite-202
Raleigh, NC 27612

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Subject:

401 Water Quality Certification
DWQ I)roject #051157, Carolina Beach Village Lot 17
New Hanover County

Dear Sirs:

The Wilmington Regional Office received your Pre Construction Notification application for a
US Army Corps of Enginecrs (USACE) Nationwide 18 Permit and General Water Quality Certification
#3402 on June 29, 2005. The built upon area proposed in the application exceeded the amount allowed
under the State Stormwater Management Permit No. SW8950836, so the application was placed on hold
until this matter was resolved. On November 23, 2005, State Stormwater Management Permit No.
SW8950836 was modified to allow additional impervious surface (3,761 square feet) on the 20 lots in
Phase 2 of Carolina Beach Village. The wetland impacts proposed on lot 17 of Carolina Beach Village in
New Hanover County are for the purpose of constructing a single-family residence. You are authorized
to impact 0.03 acres of Section 404 Wetlands under General Water Quality Certification (WQc) # 3402
(attached). This Certification allows you to use your 404 Permit when the Corps of Engineers issues it.
Additional written concurrence from the Division of\Vater Quality (DWQ) is not required provided that
yo'u can meet all of the conditions of the General Certification.

If at anytime during construction of your project you determine that you cannot meet these
conditions or if there are any additional impacts to wetlands or water quality not described in your
application, you must contact this office immediately.

If you have any questions concerning this matter, please do not hesitate to call me at (910)-395-

3900.

Sincerely, /.J--
-ilru?[ ~~

~o-elle Lutheran
Environmental Specialist III

Attachments: GC #3402
cc: Cyndi Karoly, 401 Oversite Unit
Mickey Sugg, USACE Wilmington
Dana Lutheran, SEGI
Kenny Johnson, Homeboy Homes, LLC
Charlotte Buckley, Town of Carolina Beach
WiRO

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

An EO"" Opportooit,IAffi""a1i,, Ac"" Employ" - 50% RecydedllO% Post C"som" P'p" N7z~~ ";!/ });a

WQC #3402

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES)
39 (RESIDENTIAL. COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS).
41 (RESHAPING EXISTING DRAINAGE DITCHES). 42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES).
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)

This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 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
(Le., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42,43 and 44) of
the Corps of Engineers regulations (Le., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ.

The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.

Conditions of Certification:
1. Enumerating and Reporting of Impacts:
· Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, dredging and complete shading shall be
considered stream impacts. Enumeration of impacts to streams shall include streams
enclosed by bottomless culverts, bottomless arches or other spanning structures
when a 404 Permit is used anywhere in a project unless the entire structure
(including construction impacts) spans the entire bed and both banks of the stream,
is only used for a road, driveway or path crossing, and is not mitered to follow the
stream pattern. Impacts for dam footprints and flooding will count toward the
threshold for stream impacts, but flooding upstream of the dam will not (as long as no
filling, excavation, relocation or other modification of the existing stream dimension,
pattern or profile occurs) count towards mitigation requirements. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
· Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.

~ .

...

. \

WOC #3402

must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1 :24,000 topographic map or as otherwise determined by local government
studies;

4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.

Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (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.

For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification.

Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.

Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Con~ition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.

. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
. Also, before any permanent building or other structure is occupied at the subject site.
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
. The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.

5. Compensatory stream mitigation shall be required at a 1: 1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;

6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee. If a

{ .

WQC #3402

project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;

7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal to
or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (Buffer Rules) in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur, unless otherwise specified
in the approval letter. The mitigation plan must be implemented and/or constructed before
any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the
travelling public. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina,
April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;

8. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
stable reference reach if the existing channel is unstable), to the maximum extent
practical. The new channel should be constructed in the dry and water shall not be turned
into the new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30 foot
wide wooded and an adjacent 20 foot wide vegetated buffer on both side.s of the relocated
channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gab ions or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note
that if a stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina, April 2001, the restored length can
be used as compensatory mitigation for the impacts resulting from the relocation;

9. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated f100dways 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 f100dway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;

. .

wac #3402

10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;

11. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;

12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;

13. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;

14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;

15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands. waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;

16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h20.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of all deed restrictions
applied to these lots;

17. When written concurrence is required. the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;

18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42,43 or 44,
whichever is sooner.

. .

WQC #3402

Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.

The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.

Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.

Effective date: March 2003

DIVISION OF WATER QUALITY

By

Alan W. Klimek, P.E.

Director

WQC # 3402

401 Projects

Subject: 401 Projects
From: Patricia Collins <[e-mail]>
Date: Mon, 12 Dec 2005 14:03:45 -0500
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>

The following projects have been issued 401 Permits:

Camp Lejeune Berlley Manor, DWQ#: 2005 1936, Onslow County

Kenny Johnson--c/o Homeboy Homes Carolina Beach Village Lot 17 DWQ #: 2005 1028,
New Hanover County

Kenny Johnson/Carolina Beach Village Lot #17, DWQ#: 2005 1157, New Hanover County

Also a modified 401 Permit has been issue on the following project:

Village of Bald Head Island, DWQ#: 2004 0561, Brunswick County

patricia Collins
Administrative Assistant

N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina

Phone:
Fax:

910-796-7217
910-350-2004

I of I

12/12/20052:36 PM

Michael F. Easley, Govcrnor

William G. Ross Jr., Secrctary
North Carolina Departmcnt of Environment and Natural Resources

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

July 22, 2005

DWQ Project # 051157
Ncw Hanover County

CERTIFIED MAIL: 7003 1010000000323352
RETURN RECEIPT REQUESTED

Mr. Kenny Johnson
Homeboy Homcs, LLC
PO Box 3234
Wilmington, NC 28406

Subject Property:

Carolina Beach Village Lot 17

REQUEST FOR MORE INFORMATION

Dear Mr. Johnson:

On June 29, 2005, the Division of Water Quality (DWQ) received your application dated Junc 1,2005, to
impact 0.03 acres of wetlands to construct the proposed single-family residcnce. The DWQ has
determined that your application was incomplete and/or provided inaccuratc information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and will place this projcct on hold as incomplcte until we receive this additional
information. Please provide thc following information so that we may continue to rcview your project.

Additional Information Requested:

1. It appears that your project as proposed will exceed the State Stormwater Management Permit built-
upon limit of2600 square fect, as described in the State Stormwater Management Permit
#SW8950836 (faxed to you on Junc 27, 2005, as rcqucsted).

2. Please submit a rcvised sitc plan demonstrating that the impervious surfaces proposed on thc
subject lot do not exceed the built-upon limit of2600 square feet. A copy of the revised site plan
should be sent to this office and to Cyndi Karoly at thc 401 Oversight Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

N~{thCarolina
/Va/Jlrn//II

401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / Intemet: hllo:llh2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Homeboy Homes, LLC
Page 2 of2
July 22, 2005

If we do not hear from you within three weeks, we will assume that you no longer want to pursue this
project and we will consider the project as withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me at 910-796-7405 or Cyndi Karoly at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

Sincerely,

II MiL ;i.-iiA<Lcrt--

Noelle Lutheran
Environmental Specialist III

NML
cc: Dana Lutheran, Southern Environmental Group Inc.
Charlotte Buckley, Town of Carolina Beach
Cyndi Karoly, 401 Oversight Unit
Jennifer Frye, USACE Wilmington Regulatory Field Office
Noelle Lutheran, WiRO File Copy
Central Files

Filename: 051157.jul

~1IJ@IIJD\'IJfE @

JUL 2 7 2005

DENR - WATER QUALITY
\'r'ETLANos NlD STORMWA TER BRANCH

Michael F. Easley,Governor

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

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

June 28, 2005

DWQ Project # 051028
New Hanover County

CERTIFIED MAIL: 7003 1010000000323277
RETURN RECEIPT REQUESTED

Mr. Kenny Johnson
Homeboy Homes, LLC
PO Box 3234
Wilmington, NC 28406

Subject Property:

Carolina Beach Village Lot 15

REQUEST FOR MORE L~FORMA nON

Dear Mr. Johnson:

On June 6, 2005, the Division of Water Quality (DWQ) reccived your application datcd June 1,2005, to
impact 0.10 acres of wetlands to construct the proposed single-family residencc. The DWQ has
determined that your application was incomplcte and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protccted wetlands and/or streams on the subjcct propcrty. Thereforc, unless we rcccive the additional
information requested below, we will have to movc toward dcnial of your application as rcquired by 15A
NCAC 2H .0506 and will placc this projcct on hold as incompletc until we receive this additional
inform~tion. Please provide the following information so that we may continuc to rcview your projcct.

Additional Information Requested:

1. It appears that your project as proposcd will exceed the State Stormwater Managemcnt Permit built-
upon limit of2600 square feet, as described in thc State Stormwater Management Permit
#SW8950836 (faxed to you on June 27, 2005, as requested).

2. The proposed impcrvious surface coverage proposed does not mcet thc 401 Water Quality
Certification requirements described below:

Additional sitc-spccific stormwater managcment requircments 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 perccnt. Site-specific stormwater
management shall be designed to removc 85% TSS according to the latest vcrsion 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
watcrsheds that are classified as nutricnt scnsitive 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,

N~1thCarolina
/Va/llral/II

401 OversighVExpress Review Permits Unit
1650 Mail Service Center. Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250. Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet: http://h2o.enr.slate.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Homeboy Homes, LLC
Page 2 of2
June 28, 2005

and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required. For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Watcrs, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0 1 04(m) and 2H .1000 to .1007,
rcspectively, in addition to that required in this Gencral Certification.

Alternative designs may be requested by the applicant and will be reviewed on a case-by-case
basis by the Division of Water Quality. Approval of stormwater management plans by the
Division of Water Quality's other existing state stormwater programs including appropriate
local programs are sufficient to satisfy this Condition as long as the stormwater
management plans meet or exceed the design requirements specified in this condition. This
condition applies unless more stringent requirements arc in effect from other state water quality
prohlfams.

3. Please submit a revised site plan demonstrating that the impervious surfaces proposed on the
subject lot do not exceed the built-upon limit of2600 square feet. A copy of the revised site plan
should be sent to this office and to Cyndi Karoly at the 401 Oversight Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

4. In addition, it appears that the total impacts to wetlands can also be reduced due to the total
impervi(,>us surface area reduction required. Please also reduce the total wetland impacts and
provide a copy to this office and to Jennifer Frye with the US Army Corps of Engineers.

Ifwe do not hear from you within three wceks, we will assume that you no longer want to pursue this
project and we will consider the project as withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this timc) by the DWQ. Please call me at 910-796-7405 or Cyndi Karoly at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

Sincerely,

-;fd L.d;;;adL---

Noelle Lutheran
Environmental Specialist III

NML
cc: Dana Lutheran, Southern Environmental Group Inc.
Charlotte Buckley, Town of Carolina Beach
Cyndi Karoly, 401 Oversight Unit
Jennifer Frye, USACE Wilmington Regulatory Field Office
Noelle Lutheran, WiRO File Copy
Central Files

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JUN 3 I) 2005

w<,' OUf,L1lY
DENR - \ ';',':;;I";'"ER BRANCH
Vj'ETlANDS Nm .;" ,_"",..,;\1

Filename: 051028.jun

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'-~

Michael F. Easley, Governor

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

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

July 22, 2005

DWQ Project # 051157
New Hanover County

CERTIFIED MAIL: 7003 1010 0000 0032 3352
RETURN RECEIPT REQUESTED

Mr. Kenny Johnson
Homeboy Homes, LLC
PO Box 3234
Wilmington, NC 28406

Subject Property:

Carolina Beach Village Lot 17

REQUEST FOR MORE INFORMATION

Dear Mr. Johnson:

On June 29,2005, the Division of Water Quality (DWQ) received your application dated June 1,2005, to
impact 0.03 acres of wetlands to construct the proposed single-family residence. The DWQ has
determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.

Additional Information Requested:

1. It appears that your project as proposed will exceed the State Stormwater Management Permit built-
upon limit of 2600 square feet, as described in the State Stormwater Management Permit
#SW8950836 (faxed to you on June 27,2005, as requested).

2. Please submit a revised site plan demonstrating that the impervious surfaces proposed on the
subject lot do not exceed the built-upon limit of 2600 square feet. A copy of the revised site plan
should be sent to this office and to Cyndi Karoly at the 401 Oversight Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

N~rhCarolina
;\'IlI/lra//1/

401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: hllp://h2o.enr.state.nc.us/ncwetJands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Homeboy Homes, LLC
Page 2 of2
July 22, 2005

If we do not hear from you within three weeks, we will assume that you no longer want to pursue this
project and we will consider the project as withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call me at 910-796-7405 or Cyndi Karoly at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

Sincerely,

Noelle Lutheran
Environmental Specialist III

NML
cc: Dana Lutheran, Southern Environmental Group Inc.
Charlotte Buckley, Town of Carolina Beach
Cyndi Karoly, 401 Oversight Unit
Jennifer Frye, USACE Wilmington Regulatory Field Office
Noelle Lutheran, WiRO File Copy
Central Files

Filename: 051157.jul

Triage Check List

Date:

6/30/05

Project Name: Carolina Beach Village, Lot 17
DWQ#: 05-1157
County: New Hanover

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To: Noelle Lutheran, Wilmington Regional Office

Note that this has been submitted as a courtesy copy for NW18 and will
be filed as issued unless we hear otherwise from you. If you see any
issues that you need to discuss with the applicant, please contact them
within 30 days of Central Office receipt (June 29 to July 28, 2005).
From: Cyndi Karoly Telephone: [phone]

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

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

Comments: As per our discussion regarding revision of the triage and delegation 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!

..J ' ,

Southern Environmental Group) Inc.

5") I 5 5. College Rd. 5uite L' Wilmington, North C3rolin3 28+ I 2
9 10.+52.27 I I . F3X: 9 10.+52.2899 .

www.segl.us

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June 23, 2005

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Ms. Cynthia Karoly
Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604

RE: Carolina Beach Village, Lot 17
New Hanover County
N\VP-18 Application for Less Than an Acre of Impact

Dear Ms. Karoly:

This letter is in refercnce to Homcboy Homes, LLC propcrty locatcd in thc Carolina Bcach
Subdivision, Lot 17, in Ncw Hanover County, North Carolina, and the proposcd wetland impacts
for thc construction of a rcsidcntial structure.

The clicnt is proposing 0.03 acre of impacts to Scction 404 wctlands. To ensure no material
leavcs the site and has the potential to impact any off-site wetlands, utilization of "Best
Management Practices" during construction of the dwelling. '

At this time wc arc rcqucsting your review and processing of the attachcd Nationwide Pcrmit
Application. Thank you in advance for your assistance. Pleasc contact me at 910.452.2711 if
you should have any questions or comments.

Sincerely,

CiY~

Dana Luthcran
Consultant

.I

..

5EGi

Enclosures: 2 Scts of the following:
Agency Letter
Wetland Dctermination Information Package Spreadsheet
Topographic Map
Vicinity Map
Aerial Photograph
Uplands/Wetlands Detcrmination Forms
Survey of lot and wetlands
NWP 18 Pcrmit Application
Town of Carolina Beach Sctback and Impervious Surfacc Arca Document
N C EEP Lettcr

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..office Us~ Only: Fonn Version May 2002

I USA~~ Action ID No. DWQ NO~ :{) 5 11 -5 t':f ___

(Ifany particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)

I. Processing

I. Chcck all of the approval(s) requcstcd for this project:
[8J Section 404 Pcrmit D Riparian or Watcrshcd Buffer Rulcs
D Scction 10 Permit D Isolated Wetland Permit from DWQ
[8J 40 1 Water Quality Certification

2. Nationwide, Regional or Gcncral Permit Numbcr(s) Requestcd: NWI) 18

3. If this notification is solely a courtesy copy because written approval for thc 401 Certification
is not rcquired, check here: [8J

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (vcrify availability with NCWRP prior to submittal of PCN), complete
section VIII and chcck here: [8J

5. If your project is locatcd in any of North Carolina's twcnty coastal counties (listed on page 4),
and the projcct is within a North Carolina Division of Coastal Management Arca of
Environmcntal Concern (see the top of page 2 for further details), check here: D

I. Owner/Applicant Information
Name: Mr. Kenny Johnson
Homeboy Homes, LLC
PO Box 3234
Wilmington, NC 28406

~~@~DW~IID

JUN 2 9 2005

II.

Applicant Information

DENR - \;VATl:.P. QUALllY
WETlANDS AND STCRI.iWATER BRANCH

2. Agent/Consultant Information (A signed and datcd copy of thc Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5313 South College Rd. Suite E
Wilmington, NC 28412
910.452.2711 Fax Number: 910.452.2899
dill th era n(ti?scgi. us

Tclephonc Number:
E-mail Address:

Page I of8

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 scalc 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 thc property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly dcfined. For administrative and distribution purposes, thc
USACE requircs information to bc submitted on shcets 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 scquential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that thc final version is illegible, thc applicant will be informed that the project
has been placed on hold until deciphcrable maps arc provided.

I. Name of projcct: Carolina Beach Village: Lot 17
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Idcntification Numbcr (Tax PIN): R08814-003-086-000
4. Location
County: New Hanover Nearest Town: Carolina Beach
Subdivision name (include phase/lot numbcr): Carolina Beach Village.
Directions to site (include road numbers, landmarks, etc.): Follow US 421 south onto
Carolina Beach. Take a left onto Lewis Dr. after the Snows Cut Bridge. Follow Lewis
Dr. until it ends. Turn right on to St. Josephs. St. Take a right onto Lighthouse Dr.
Lot 17 is on the left two. It will be the second property pass the intersection of
Sugarloaf Ct.

5. Site coordinates, if available (UTM or Lat/Long): 34.04530N 77.89510\V
(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): 0.19 acre (8,276 ft2)

7. Nearest body of water (stream/river/sound/ocean/lakc):Carolina Beach Harbor

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

9. Describe thc cxisting conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is undeveloped with predominately low
vegetation; except for a small forested portion in the rear of the lot.

Page 2 of8

10. Describe thc ovcrall project in detail, including the typc of cquipmcnt to be used:
Using heavy machinery a single family homes is to be constructed. 0.03 acre (1307:1: ftz)
of wetland is to be filled for the construction of the home foundation.

1 I. Explain thc purpose of the proposed work:
The filling of the wetland area is necessary for the construction of the planned home.

IV. Prior Project History

If jurisdictional detcrminations and/or permits have been requestcd 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 Projcct Numbcr, application date, and datc permits and
ccrtifications wcrc issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe prcviously approvcd wetland, stream and
buffer impacts, along with associatcd mitigation (where applicable). If this is a NCDOT project,
list and describe permits issucd for prior segmcnts of the samc T.I.P. projcct, along with
construction schedules.
This site has a Jurisdictional Wetland Determination.
Issued: 11/22/2004. (Action ID # 200500175)

V. Future I)roject Plans

Are any futurc permit requests anticipated for this project? If so, dcscribc the anticipated work,
and provide justification for thc cxclusion of this work from the current application.
No future permit requests are anticipated for this site.

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

It is thc applicant's (or agent's) responsibility to determine, delineatc and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for thcse impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly idcntifiable on an accompanying site
plan. All wctlands 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
cvaluation and delincation forms should be included as appropriatc. 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 spacc is needed for
listing or description, please attach a separate sheet.

Page 3 of8

1. Provide a written description of the proposed impacts:
Placement of fill material within 0.03 acre (1307:1: ff) ofwethmd to ;t1low
construction of single family residence.

2. Individually list wetland impacts below:

-- w ~1:~~~n~~ct-- -~;P:f~l~p~c~.--I. .~~~aa~{ - -~ ~~~~~~t~~~~;:~lin'-~- -~~~~::l~~r~~m-

(indicat~~~~apL____.__ _. (acr~sL__()'cs/no) (linear fcctL_
I Fill 0.03 no -3500

Type of Wetland."

wet nat

f----~~-- ---.---.

--f----~.--.-

--~~~=I~~=--==.~~~==.-

.

List each impact separately and identity temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, till,
excavation, /looding. ditching/drainage, etc. For dams, separately list impacts duc to both structure and /looding.
/00- Year /loodplains arc identilied through the Fedcral Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616,
or online at hllp://ww\\'.fcma.gov.
List a wctland type that bcst describes wetland to be impacted (e.g., frcshwater/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 thc total acrcagc (cstimated) of all existing wctlands on thc propcrty: .03 acre (1307:1: ff)

Total arca ofwctland impact proposed: 0.03 acre (1307:1: ft2)

3. Individually list all intermittcnt and pcrcnnial strcam impacts bclow: Not Applieablc.

1_ ----- --,- .m --- -- Lengthor- _.._~~- .. ---- ---
Stream Impact Avcrage Width Pcrcl1l
I Site Numbcr Typc ofImpact. Impact Stream Namc" of Strcam Intcnn
_(indicate on mapL _ (Iincar fcct) Bcfore Impact
~-~~--- I ~-
I
I
1-- .._-_._~_.._._.- -- --~----- _.--------- --1--.---- ..
l__~

List each impact separately and identity temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and /looding), relocation (include lincar feet before and aller, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If strcam relocation is
proposcd, plans and prolilcs showing the linear footprint for both the original and rclocated 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 strcam into which it /lows. USGS maps arc available through the USGS at 1-800-358-9616. or online at
W\\W.usgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., \\\\w.topozone.eom,
\\ww.mapqucsLcolll, etc.).

-. _u>lcase spccify)~
- -------_._-~_. ------
T- -----~ --_.~,-_._,---~-

~:~~I~~ ---l

*

Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.

Pagc 4 of8

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below: Not Applicable

r Open Water Impact r - -T
Site Number Type ofImpact*
_-<indicate on map2~ ~

. .~~~-------
Area of
I t Name of Watcrbody
(mpac) (if applicable)
acres
~_.._.- -.. ---~

Type of Waterbody
(lake, pond, estuary, sound,
__---.-IJ~)', o~_ean'_e~__

__~~.____. _._~__~__.L_==L~___ _ _~.__d___ ____.______ - -- -.

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
Hooding, drainagc, bulkhcads, etc.

*

5. Pond Creation Not Applicable
If construction of a pond is propos cd, 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): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., jivestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size ofwatcrshed draining to pond: Not Applicable
Expected pond surface area: Not Applicable

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 fcasible. 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.

The proposed road fill is necessary for the completion of the project. Construction of a
single family residcncc is planned to mect all local setbacks and zoning rcgulations.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving grcater than or equal to one acrc of impacts to

Page 5 of8

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://h20.enr.state.nc. us/ncwetlands/strmgide. html.

I. 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.

0.25 aces of wetland mitigation has been requested from the NC EEP. A 1:1 mitigation
ratio is required for this site. (Please see attached Letter of Acceptance from NC EEP.)

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://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres)0.25
Amount of Coastal wetland mitigation requested (acres):Not applicable.

Pagc60f8

I. Environmental Documentation (required by D\VQ)

Docs the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes D No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whcther a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No D

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

IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is thc applicant's (or agcnt's) rcsponsibility to determinc, delineatc and map all impacts to
required statc and local buffers associatcd with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listcd 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 thc buffers. Correspondence from the DWQ
Rcgional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes D No ~ If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to cach zonc of the riparian buffers. If buffer
mitigation is required calculate thc required amount of mitigation by applying thc buffer
multipliers. Not applicable.

---~~ ~----_.__._-~-~ ._"-------
Zone* Impact Multi
(sguare fcct~
I
"---
2
~-~~-~--- ---- --
Total
~-

plicr

Rcquircd
_ Mitig.lti21l.~__

*

Zone 1 extends out 30 feet perpendicular from near b.mk ofehanncl; Zone 2 extends an
additional 20 feet from the edge of Zone I.

Page 7 of8

If buffer mitigation is required, plcase discuss what type of mitigation is proposed (i.e., Donation
ofPropcrty, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Paymcnt into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identificd within 15A NCAC 2B .0242 or .0260.

X. Stormwater (required by DWQ)

Describe impervious acreage (both cxisting and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstrcam from the property.
The proposed impervious surface acreage will be within state and local thresholds for
impervious surface per acre of land.

XI. Sewage Disposal (required by DWQ)

Clcarly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from thc proposed project, or availablc capacity of the subject facility.
Municipal or septic sewage disposal will be provided.

II. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rulcs (I5A NCAC 2H .0500) or any Buffcr Rules?
Yes 0 No [g]

Is this an after-the-fact permit application?
Yes 0 No [g]

XII. Other Circumstances (Optional):

It is thc applicant's responsibility to submit thc application sufficiently in advancc of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequcncing that may impose limits on work
schcdules (e.g., draw-down schedules for lakes, dates associated with Endangcrcd and
Threatened S ccies, a essibility problems, or other issues outsidc of thc applicant's control).

6/0 1 /2005
Applicant Agent's Signature Date
(Agcnt's signature is valid only if an authorization letter from the applicant is provided.)

Pagc8of8

Sep 21 04 03:46p

Southurn Environr.lantal Gr 910.254.0603

~~:SL.Gi

Southern Envir:onmental Group, Inc.

Environmentd, Del:elopment and Conservation Advisors
W\IlW.segi.us

l.,..etter of A~enC:4

Car:)!ina 5cac.h Village Lot: 17

I. Mr. ~~!.}mson ' hereb,y grant
Southern Environmental Gro.~p, Inc., eSE-GO the risht to repre5cnt
Homer:>o4 Homc~:~ in m41ttcrs rcgardinscnvironmcntal consulting

services and r~1 propert,y own:~d b~

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Southern Environmental Group, Inc.

5) I 5 South College RO<ld, Suite E. . Wilmington, North C<lrolin<l 28+ 12
910.4-52.271 I . Fax: [phone] . [e-mail]
www.seg.us

Wetland Determination Information Package

Project Name:

Carolina Beach Village Lot 17

SEGi Project #: 04-179.01

Applicant:

Kenny Johnson

Project Site:

141 LIGHTHOUSE DR 15
Carolina Beach, North Carolina

ParcellD:

R08814-003-086-000

Project Size:

0.18Acres

7,841 Square Feet

Subdivision Name: Carolina Beach Village

Block and Lot #: N/A

Directions to Site: Take Hwy 421 South to Carolina Beach
At first light past the Snows Cut bridge take a left onto Access Rd.
Take first right onto Lewis Rd. After the hard right turn the street becomes
St. Josephs Street. Approximately % mile on right will be Lighthouse Dr.
The lot will be on the left.

Nearest Water Body: Cape Fear River I Atlantic Ocean

Watershed: Cape Fear

Lat'Long 34.04430N,77.89390W

USGS Quad Name: Carolina Beach

Wetland Acreage:

.03!

Jurisdictional

N/A

Isolated

Page 1

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ProjecUSite:
Village

Routine Wetland Determination
DATA FORM
~orJls Wetland Delineation Manual)

Lot liCarolin; B~aChllnV~:::~em Env;mnme:,al GmUP~ln'c..1 c~aotuen:ty.. 1-1/8/04
New Hanover
3973 S Market Street 1 State: NC
Wilmington, North Carolina 28403 Latitude: 340 2.80'N
910.254.0602 Longitude: 770 53.77'W

5EGi

ApplicanUowner:

Kenny Johnson

I
I
1~~~;:~::IS~:~;~:~~~~:I~::~~;.:;::eS~IU:liOn)? - - ---~ ~:: -- - ~~:I~om:uni;IDn UPland- - - ---

O Iv1 I Transect ID:
Is the area a potential problem area? Yes ~ No

: Explanation of atypical or problem area: I Plot ID:

VEGETATION (For *strata, indicate T = tree; S = shrub; H = herb; V = vine; and F = fern)
Dominant Plant Species *stratum Indicator Dominant Plant Species *stratum Indicator _ _

,_CC~UP~d~~~___ln~r- ~ T---->------I =u_}-~-=- -

~-j-.---l-.--- --- --- ----.-.--..-00 --- ____no ----~--

--- -------- -- -1---1-------------.----.------1----.-
I
I Hydrophytic vegetation present? 0 Yes ~ No
I Remarks: percentage of plants that are OSL, FACW, or FAC (excluding FAC-)
I
1------------ - ~-.-.--.- .~---. --'
HYDROLOGY
Is it the growing season?

Lot 17

0%

Water Marks:

o Yes ~ No
o Yes ~ No

T SccondaIy 1ndicaIDrs:
--I ~::d~.----OY~-~No-----

I Water-stained Leaves:
o Yes ~ No

FAC Neutral: 0 Yes ~ No
.~-- - - -- ---------------,- .---------
Oxidized Root (live roots)
Channels <12h: DYes ~ f\b

r~1

I Primary Indicators:
G..~ndated:--- - 0 Y-;;s ~ -No
I
I Saturated in upper 12":
. 0 Yes ~ No
,
,
_~~di.rl1ent[)eRosits:[:::L Yes ~ No _ .
Drainage Patterns:

~ Yes 0 No

Olher (expai1):

Drift Liles:

_ -.- -. ----- -- ...
DYes ~ f\b

Check all that apply & explain below:
o Stream, lake or gage data
o Aerial photographs
o Other

Field Observations:
Depth of surface water:
Depth to free water in pit:
Depth to saturated soil:

o (in)
>24 (in)
>24 (in)

I

Wetland hydrology present?
Remarks:

DYes

~ No

~

r SOILS
Map Unit Name (Series and Phase): Leon
Taxonomy (subgroup) Aerie Haplaquods

Drainage Class: Poorly Drained
Field observations confirm mapped type? 0 Yes ~ No

f~~~~:~T::::: J (M~~~~~~~Q -I- . (~:~::'~::l) __ ~~:'::::~:,:: ~I. Te~,~;:~::~~~~on'~ I

I O-_L I _~ 10YR 2/1 SandyjQam
~12~: I 4_~___~ l_~andY loam
1___ ______1 --- ---- n 1____ [
'. ... . i 1 -- .----~-~-----I.----- ~--.----
~-----=.I- -=-:. I ---- -- - -=---, - u ~. -~I=- -=- - ---=- - :-:- ..u______._
I-HYdric Soil Indicators: (check all that apply)
i 0 Histosol
o Histic Epipedon
o Sulfidic Odor
o Aquic Moisture Regime
o Reducing Conditions
~ GI~Y~Q~_L~V!.-_ChrgrTl()Jl1_aJ~L_____ ___._
Hydric soils present? ~ Ves 0 No
Remarks:

Wetland Determination

Hydrophytic vegetation present?
I Hydric soils present?
I Wetland hydrology present?
liS the samfJlingJ:>oint within a wetland?
Remarks:

I

OVes ~No
~Ves ONo
OVes ~No
o Ves ~ No

1- ____

NOTES:

-

~
. .. .

{7"~&

o Mg or Fe Concretions
o High Organic Content in Surface Layer of Sandy Soils
o Organic Streaking in Sandy Soils
o Listed on Local Hydric Soils List
~ Listed on National/Local Hydric Soils List
_Q()ttleJJ~xplain in remar~_._______

,.

I
,

Routine Wetland Determination
DATA FORM
(Cor~s Wetland Delineation Manual)

ProjecUSite: Lot 17 Carolina Beach
Village

Investigator:
50uthern Cnvironmentol Group, Inc.
3973 B Market Street
Wilmington, North Carolina 28403
910.254.0602

ApplicanUowner:

Kenny Johnson

_ 1_

------- . -
[g] Yes ONo
o Yes [g] No
o Yes [g] No

Community 10: Wetland
Transect ID:

VEGETATION (For *strata, indicate T = tree; S = shrub; H = herb; V = vine; and F = fern)
~orT1in_ant PI'!n! ~pecies ... __ _ *stratLJ!'l!__. !n_dici3tor _ 1>~ornin<:Il1t Plant ~p_~le~__
I Pi"", semli,," ---- _I T . FAc:\""-__1 o...,"""la ciu"amam,,,

r;;:::ah:!;:;;;,~' ----.--- - j.'i-- - -; ~~~='" ..- ..~11li~ !~uriJolia

~ Magllolia virJ:illiil/la T FACW+ I
_ Cyril!a rac'!.ll!iJ!ora _ ________ . s___ _ ~_CW _. _ __ _ _ .. ~_ __________ ~.... ___
I/ex coriacca S FACW
------'--- -----.---..--- ----
Ll'ollialucida S FACW
~HYdrOPhYtic vegetation present? [g] Yes 0 No
I Remarks: percentage of plants that are OBL, FACW, or FAC (excluding FAC-)

Do normal circumstances exist on the site?
Is the site significantly disturbed (atypical situation)?
Is the area a potential problem area?
Explanation of atypical or problem area:

Plot ID:

HYDROLOGY
Is it the growing season?

Primary Indicators:
Inundated: [g] Yes 0 No

Secondary 1ndX:ators:
L.cx:a Scj &Jr\e{. 0 Yes [g] No

[g] Yes 0 No

5EGi

Date: 1118/04
County: NeVI Hanover
State: NC
Latitude: 340 2.80'N
I Longitude: 770 53.77'W

_1__________ _ ___ .________ ._.

Lot 17

*stratum Indicator

-1------._.---1 {-~ .. .--
F FACW+
--_.~-- .-..---
V FACW+
--- --_.--- .--.~

I

. ------ - --.

-.---I.--~

100%

------.-.-

Saturated in upper 12": Water-stained Leaves:
[g] Yes 0 No 0 Yes [g] No

. -----.--.-.-..---.-..-.----.....-.-[-.--..---..---.......~--_._.._.__.
Sediment DeQosits: 0 Yes [g] No FAC Neutral: 0 Yes [g] No
Drainage Patterns: Oxidized Root (live roots)
o Yes [g] No Channels <12i1.: OYes [g] No
......... --_._.__.._--~-~--~
Water Marks: 0 Yes [g] No aher(expan):

:-1

Drift Liles:

o Yes [g] No

Field Observations:
Depth of surface water:
Depth to free water in pit:
Depth to saturated soil:

o (in)
8 (in)
9 (in)

Check all that apply & explain below:
o Stream, lake or gage data
o Aerial photographs
o Other

Wetland hydrology present?
Remarks:

[g] Yes

o No

...___. .____.J

~ ,.~

i- SOILS - ---
I Map Unit Name (Series and Phase): Murville

I .
i Taxonomy (subgroup) TYPic Haplaquods
I
i -P~fil~-De~~ription-L ~__~_~_____~__ _____ ~__~__ _.______ _____ ____ _ __~_. ..____~

i_0~~~~Lli.J<OB'2n I (M~~~~;~t)1 (~:;~:,~~:~ ~;:';~:;::':~~j[ Te~~~~~~~~s,__

:__10-12+ ! I. Silndy loam__

1--- t i =-1 - - ~~d-==-==-_ -::I:::--=- ..=-=

i Hydric Soil Indicators: (check all that apply)
I 0 Histosol 0 Mg or Fe Concretions
o Histic Epipedon [8J High Organic Content in Surface Layer of Sandy Soils
I 0 Sulfidic Odor 0 Organic Streaking in Sandy Soils
, 0 Aquic Moisture Regime 0 Listed on Local Hydric Soils List
I 0 Reducing Conditions [8J Listed on National/Local Hydric Soils List
I
I ____~ Gleyec! or:Jow~_Q1r()f!l.a miltri)(______ ___ _u __ 0 Oth~ ~xplain in remar~ __ ___~______.___
Hydric soils present? [8J Yes 0 No
Remarks:

Drainage Class: Very Poorly Drained
Field observations confirm mapped type? 0 Yes [8J No

.~\
~..
r_ ..... .-
. -.". .~ .
. .
--. .~
..-\-.. . -

Wetland Detennination

Hydrophytic vegetation present? [g] Yes 0 No
Hydric soils present? [8J Yes 0 No
Wetland hydrology present? [g] Yes 0 No
Istl1.e~rt1plingr>ointwithin a wetland~_ [8J Yesj:::] No
Remarks:

L~ _._~___ .._ ___ __ _ _____

NOTES:

D :.nnb'tl.-U-DoUs
l..1::.yoj"

J::.d. Lynch
Co=cifn:;:.,?

Jc~j i'.1~i.il::
Jr. OJu.ccilmwi

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(N::;;n~)

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, '" . .~.
PROGRAM

March 15,2005

Dylan Elks
Southern Environmental Group, Inc.
3515 South College Road, Suite E
Wilmington, NC 28412

Project:
County:

Carolina Beach Village, Lot 17
New Hanover

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to detennine if payment to
the NC EEP for impacts associated with this project is appropriate. Further, it is the undcrstanding of the NC EEP
that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management,
allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by
the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all
reasonable means of impact avoidance and minimization have been incorporated into the project's design

This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 40 I Ccrtification an invoice will be issued.

Based on the information supplied by you on the in-lieu fee request form dated March 9, 2005, the wetlands
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.

Stream Non-Riparian Wetlands Riparian Buffer
(linear fcet) (acres) (ft2)
Impacts 0.03
Mitigation Maximum 0.06

The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030005 of the Cape
Fear River Basin.

RMtorinj... E~... PYotedinj Our Stat~

Iff/'A
-,-
HCDENR

North Carolina Ecosystem Enhancement Program. 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/ www.nceep.net

,.Dylan Elks
. Southern Environmental Group, Inc.
Carolina Beach Village, Lot 17
March 15, 2005
Page 2

The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4,
1998.

If you have any questions or need additional information, please contact Carol Shaw at [phone].

Sincerely,

Q::D~i;m~'1 ~

Director

cc: Cyndi Karoly, Wetlands/40l Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File

RMtorinj... E~... Protectinj Our Sta:t~

JEA
NCDENR

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/ www.nceep.net

I. PATRICK C. BRJSTOW. CERTIfY THAT THIS PROPERlY wtO 5URVEYED AND MAP DRAWN UNDER MY 5UI'ERV1510N:
DESCRIrTlON to SHOWN ON THE fACE Of THIS PlAT; RATIO Of PRECI510N to CAtClJlATED BY COMPUTER.
15 I: I 0.000+; THAT THE BOUNDARIES NOT 5URVEYED m: 5HOWN BY BROKEN UNES PLOTTED fROM
INfORMATION REfERENCED; THAT THIS PlAT Wto PRE!' ARID IN ACCORDANCE WITl1 WE 5T ANDARD5 Of
PRACTICE fOR lAND 5URVEYlNG IN NORn1 CAROUNA'; WITNESS MY ORIGINAl. SIGNATURE, UCENSURE
NUMBER AND SEAl. THIS 15111 DAY Of DECEMBER A.D. 2004.

C-:;:>~ C.B ~

PATRICK C. BRISTOW
N,C. PI.5 No. L-4148 .

~@,@@,ow@, @

JUN 2, ~ ZOGS

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NOTES: THESE LOTS ARE SUBJECT TO ALL UTIUlY
- EASEMENTS, RfSTRlCl10NS, OR
COVCNANTS OF RECORD.
I) WETlAND DEUNEATlON BY.SOUTHERN ENVIRONMENTAL GROUP. INC.
2) SUBDIVISION BOUNDARY NOT RETRACED BY THIS 5URVEY.
3) WETlAND ARJ:P.S SHOWN ARE TIED TO fiElD lOCATED CORNERS AS NOTED.
4) LOT DIMENSION5 T~ fROM MB 3G. PG 151

CERTlflCATE fOR TI1E U.s. CORPS OF ENGINEERS:

TI11S CERllflES TI1AT TI1IS COf'Yor TI11S f'lAT ACaJRAillY DEJ'ICTS THE BOUNDARY
OF THE JURJ5DIGnON OF 5EGnON 404 OF THE ClEAN WATER N::T f'URSUANT TO Tl1E
1987 MANUAl.. AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNl.f55 TI1ERf IS
A CIWlGE IN THE LAW OR OUR f'UBUSHED REGUlATIONS, THIS DETERMINATION OF SECTION
404 JURlSDIGnON MAY BE REUED UPON fOR A MOD OF FIVE Y!:AR.5 FROM THIS DATE.

~~.~ .
51 ,lliRE OF .. CORPS 0 GINEERS OffiCIAL

::J. ~ :lJ'O'S"
DATE OF SIGNATURE ;l.a)5'eol~~

K:\Und ProJect5\CAROUNA BEACH VIUAGE 5ECT 2 WETlAND5Idw'3\CBV lOT S 5ECT 2404.dw'3

STOCKS A-
LAND SURVEYIN6, P.C.

211 N.I'lm1"'~ WTLMfNGTON. NC 20401

phone' (91 0) 7G3~ 124
Dr. (910) 7C;2.5772

em.lIl: ~tocbpc@be"50uth.net:

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S:1 UGHT - 182.44' -
I I~ 9l..~o--::- . HOU5E DR. 5/5020'33W ~OO48"8W5.29'
MJ ii1 g ~"'178-gge ~4/.2~E) _ NG0048'/8W
~/q~, 75.11' T -
- CO I~ NG 43.82' --r
;;- (l) w - 0048'/8W I

~(lOTIS. IN 1 :~ ~/I I II
I I~ LOT 18 ~
I I ::...~ I,Ocr I r ~"> .' ....' <:. , ~ ;; I ~ I
.SI ~I 0 . ~F~6s~ 1056 I ,~ C\I~I ~ I
I 70.9/' I ~(~3:t~:::.~j ~ 'V ~
- - --L 75.00 ~. . . : '. <' mE)~.1
N6Qo48" 9W:-47.4.7'~;'''''~.5~ _ 7g4' _ l ~2' ~

N/f
TOWN OF CAROUNA BEACH
DB 2772 FG G32

J,

,."".,
,',' ,',-
",,',','
I',"",'
I I' ',': I I', ,',
,\',2"',,,
", '/lj<(I",1
,',' ',',I
,'"U'""
,,', '0:,,',.;
"'U",,',
I, ,,'
.:J ,,',;:: " ':" ,',
~ ','2,',""
<5 ',I~ ",,',',
I ,~. ,,"
I',~/',I,I',I
"'<{' ',' , ',,
.,' If.' ','.',!,':

s

LOCATION MAP
NOT TO SCAlE
5URVEY REFERENCE
MAP BOOK 3G, PAGE 151

NOTe: THESE lOTS ARE lOCATED
IN ZONE C. B. * A!3 (EL 10)
! flmCOMMUNITY PANEl
L, 1375347 000 I C
DATED: SEPT. 4, 198G

UNE
II
L2
L3
l4
L5
LG
l7
l6
19
lI0
III
lI2
lI3
lI4
LIS
lIG
lI7
lI0
lI9
L20
L21

WETlAND5 UNE TABU:
BEARJNG
52C;-30S I'E
NGc50S 1'23'E
532"OS'22'E
58s027'OG.E
NO-r 12'OO'E
534"S4'OO'E
510"43'03W
509"43' I O'f
534./ O'OTE
572.3G' 1 91:
5G0"4c5'I9'f
512"3722W
5OO.3733W
542"02'M.f
53301 G' 191:
570"4S'20'E
503-22'37"E
502"3S'52W
512"03'OO'f
NM.4S'S2W
N22./9'21.E

D15TANCE
13.GG
19.79
2S.4G
3S.G2
22.72
22.Gc5
29.03
13.92
/G.4O
3.27
3.00
22.90
29.79
24.25
3/.S3
21.79
23.99
115.47
7.32
33.3G
13.73

LEGEND
o = EXI5T1NG IRON rIPE
ct = CENTERUNE
55 = 5ETBACK
H.':"/,:<,::.~',~;~ = INETlAND5 AS FlAGGED

NOTe: THIS lOT IS SUBJECf TO ALL IJTIUTY
~EM~,~TRlCTIONS,OR .
COVENANTS Of RECORD.

LOT 17
WETlAND AREA lOCATED WITHIN
BUILDABLC ENVEWf'E = 755:: Sf

DECEMBER 14, 2004

"404" JURISDICTIONAL BOUNDARY SURVEY FOR

COASTLINE CONSTRUCTION
CAROUNA BEACH VILLAGE - 5ECTION 2 LOT I 7
TOWN OF CAROLINA BEACH NEW HANOVER COUNTY. N.C.

50 0
~~~

25
~
" ~. ..-

50
~

100
J

J INCH = 50 FEET

~ 5TOCKS lAND 5URVEYlNG. PC DECEMBER 2004