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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
October 14, 2005
DWQ Project # 051163
New Hanover County
Mr. Richard Vena
10 Fieldcrest Court
Durham, NC 27713
Subject Property
1119 Bonita Lane, Carolina Beach
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Vena:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.034 acres of wetlands for the purpose of constructing a residential duplex at
the subject property, as described within your application dated March 1, 2005 and received by the N.C.
Division of Water Quality (DWQ) on June 24, 2005, and additional requested information received on
October 7, 2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USAGE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and
Stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
404 Wetlands 0.034 (acres) 1119 Bonito Lane
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405.3845
Phone [phone] Customer Servicel-877-623-6748
FAX [phone] Internet: h2o.enr.state. nc.us
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Richard Vena
Page 2 of 3
October 14, 2005
2. Erosion & Sediment Control Practices
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.
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.
c. Silt fencing must be installed around the wetland boundary that has not been approved
for impacts under this Certification prior to land disturbing activities.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to this office at the address listed on the first page and to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
6. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans dated September 9, 2005, must be implemented
and the stormwater management facilities shall be constructed and operational before any
permanent building is occupied at the subject site. The structural stormwater practices as
approved by this Office 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.
Mr. Richard Vena
Page 3 of 3
October 14, 2005
7. Operation and Maintenance Plan
The property owner must sign the attached Underground Infiltration Trench Operation and
Maintenance Agreement, have it notarized, and submit it to this office within 30 days of receipt
of this 401 Water Quality Certification. If at any time you decide to sell the subject property,
you must provide the new property owner with a copy of the 401 Certification and require
the new owner to sign and notarize the Operation and Maintenance Agreement and submit
it to this office with a copy of the 401 Certification.
S. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands in
order to assure compliance for future wetland impact. These mechanisms shall be put in place
prior to impacting any wetlands approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands
Unit web site at http://h2o.enr.state.ne.us/ncwet]ands/deednote.htm1.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,'
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran in the DWQ Wilmington Regional
Office at 910-796-7405.
AW K/nnt!
Enclosures: GC 3402
Certificate of Completion
Operation and Maintenance Agreement
Sincer ly,
Alan W. Klimek, P.E.
cc: Dana Lutheran, Southem Environmental Group, Inc.
Jennifer Frye, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office (File Copy)
Scuyler Snowden, DLR Wilmington Regional Office
Charlotte Buckley, Town of Carolina Beach
Central Files
Filename: 051163. oct
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
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of
the Corps of Engineers regulations (i.e., 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.
WQC #3402
• Lakes and Ponds - 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.
Application Thresholds - Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre
west of 1-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
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 2B .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;
3. 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 26. 0212 (WS-1), 2B .0213 (WS-11),
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
WQC #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 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.
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 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.
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;
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 sides 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, gabions 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;
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;
WQC #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://h2o.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
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
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
1,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
1, , 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
1, , 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
DRAFT OF OPERA TI )N & ,fJaI*T NAA 'F A :REEM1 NT FOR I EI- T 9T1
TRENCH FOR BOBBYBRAND N- 9128105
i1NDERGROLIND INFILTRATION TRENCH OPERATION AND
MAINTENAN AGREEMENT
Remove accumulated sediment from the infiltration system annually or when
depth in the catch basins have been reduced to 75% of the original design depth.
The system shall be restored to the original design depth without over-excavating,
Removed sediment shall be disposed of in an appropriate manner and shall not be
handled in a manner that will adversely impact water quality (i.e. stockpiling near a
stormwater treatment device or stream, etc.)
When the depth of accumulated sediment reaches 75% of the individual
catch basins' capacity, the accumulated sediment shall be removed from the system.
I acknowledge and agree by my signature below that I am responsible for
maintaining the infiltration system in accordance with the maintenance procedure
described above. I agree to notify DWQ of any problems with the system or prior to
any changes to the system or the responsible party.
Print Name and Title
Address:
Phone:
Date:
Signature:
1, , a Notary Public for the State of North
Carolina, County of , do certify that
personally appeared before me this day of and
acknowledge the due execution of the foregoing infiltration system maintenance
requirements. Witness my hand and official seal,
SEAL My commission expires
401 Permits
Subject: 401 Permits
From: Patricia Collins <Patri cia.Coll [e-mail]>
Date: Tue, 18 Oct 2005 09:02:20 -0400
To: Ian McMillan <[e-mail]>, Cyndi Karoly <[e-mail]>
The following 401 permits have been issued:
Leland SID c/o E. Burnett (The Willows) DWQ#: 2005 0834 Brunswick
Darrell Erbe DWQ#: 2005 1164 New
Hanover
Bobby Brandon DWQ: 2005 1158 New Hanover
Richard Vena DWQ: 2005 1163 New Hanover
Patricia Collins
Administrative Assistant
N.C. Department of Environment and Natural Resources
Division of Water Quality - Surface Water Protection Section
Wilmington, North Carolina
Phone: [phone]
Fax: [phone]
1 of 1 10/18/2005 3:11 PM
F WAIF
?? Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
July 22, 2005
DWQ Project # 051163
New Hanover County
CERTIFIED MAIL: 7003 1010 0000 0032 3369
RETURN RECEIPT REQUESTED
Mr. Richard Vena
10 Fieldcrest Court
Durham, NC 27713
Subject Property: 1119 Bonito Lane, Carolina Beach
REQUEST FOR MORE INFORMATION
Dear Mr. Vena:
On June 24, 2005, the Division of Water Quality (DWQ) received your application dated March 1, 2005,
to impact 0.034 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. The proposed impervious surface coverage proposed does not meet the 401 Water Quality
Certification requirements described below:
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
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]/ Internet: http://h2o.enr.state.nc.us/ncwetlands
Ny` C
oarolina
Morally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Richard Vena
Page 2 of 2
July 22, 2005
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 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.
2. The project as proposed does not meet the conditions of the General Water Quality Certification
#3402. If you determine that you cannot reduce the impervious coverage below 30% and would
like to install an engineered stormwater treatment system, written concurrence is required. Please
provide a fee for the amount of $200 and seven copies of the revised application and plans so that
DWQ can continue the review process.
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
?
nwn Filename: 051163.jul
rp
''tl
3 UL
UkNh' ? STGRi?iV'Ji+iu.
WETlAND3 ntd
?OF W ATFRQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
? r
Alan W. Klimek, P.E. Director
Division of Water Quality
July 22, 2005
DWQ Project # 051163
New Hanover County
CERTIFIED MAIL: 70031010 0000 0032 3369
RETURN RECEIPT REQUESTED
Mr. Richard Vena
10 Fieldcrest Court
Durham, NC 27713
Subject Property: 1119 Bonito Lane, Carolina Beach
REQUEST FOR MORE INFORMATION
Dear Mr. Vena:
On June 24, 2005, the Division of Water Quality (DWQ) received your application dated March 1, 2005,
to impact 0.034 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. The proposed impervious surface coverage proposed does not meet the 401 Water Quality
Certification requirements described below:
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
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]/ Internet: http://h2o.enr.state.nc.us/ncwetlands
One
NocthCarolina
,111alitivIlf
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Richard Vena
Page 2 of 2
July 22, 2005
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 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.
2. The project as proposed does not meet the conditions of the General Water Quality Certification
#3402. If you determine that you cannot reduce the impervious coverage below 30% and would
like to install an engineered stormwater treatment system, written concurrence is required. Please
provide a fee for the amount of $200 and seven copies of the revised application and plans so that
DWQ can continue the review process.
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: 051163.jul
Triage Check List
Date: 7/1/05 Project Name: Richard Vena Lot #20
DWQ#: 05-1163
f County: New Hanover
To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 6/24/05 to 8/22/05
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!
Soutkcrn r-rivironmcrital Group,
3973 F) Mar6t,5treet • Wilmington, Nortk Carolina 28403
910.234.0602 • Fax: [phone] . [e-mail]
www.segi.us
June 22, 2005
Hand Delivery

0115- 11a0
Inc.
Ms. Cynthia Karoly
Division of Water Quality D ? ? ? non
'7321 Crabtree Blvd. ?J v
Raleigh, NC 27604
JUN 2 4 2005
Re: Vena Lot, 1119 Bonito Lane DENR - WATER QUALITY [SEGi Project ;'05-005.01 ]
Carolina Beach, New HanovdYECUM .?STOIUMATER BRA14CH
Dear Ms. Karoly:
Our firm has been retained by Mr. Richard Vena to pursue a Nation Wide Permit to impact
approximately 0.034-+ acres of jurisdictional wetlands to build a residential structure at 1119
Bonito Lane in Carolina Beach, New Hanover County, North Carolina.
Impacts to wetlands associated with the project consist of approximately 0.034-+ acres of fill to
allow construction and placement of a residential structure on this lot. The wetlands on the lot
cover most of the back half of the parcel (see plan submitted with the permit application).
Avoidance of wetland impacts is not possible, and the fill requested will allow the client to build
the house they have selected to build.
At this time we are requesting; your review and approval of the attached permit application.
Please feel free to contact me if you should have any questions or comments. Thank you in
advance for your prompt attention to this matter.
Sincerely,
Dana Lutheran
Southern Environmental Group,
3973 5 Market `Jtreet • Wilmington, Nortk Carolina 28403
9 10.254.0602 • Fax. [phone] - officc0,5Cg. i.Us
www.segi.Us
June 22, 2005
Hand Delivery

0 1`1x0
I n c.
Ms. Cynthia Karoly
Division of Water Quality
U ? ? ? O V
321 Crabtree Blvd.
Raleib=h, NC 27604
JUN 2 4 2005
Re: Vena Lot, 1119 Bonito Lane DENR - WATER CIUALITf [SEGi Project 405-005.011
Carolina Beach, New HanovdVECb=TyST0R1XiVATER 6RA14CH
Dear Ms. Karoly:
Our firm has been retained by Mr. Richard Vena to pursue a Nation Wide Permit to impact
approximately 0.034± acres of jurisdictional wetlands to build a residential structure at 1119
Bonito Lane in Carolina Beach, New Hanover County, North Carolina.
Impacts to wetlands associated with the project consist of approximately 0.034± acres of fill to
allow construction and placement of a residential structure on this lot. The wetlands on the lot
cover most of the back half of the parcel (see plan submitted with the permit application).
Avoidance of wetland impacts is not possible, and the fill requested will allow the client to build
the house they have selected to build.
At this time we are requesting your review and approval of the attached permit application.
Please feel free to contact me if you should have any questions or comments. Thank you in
advance for your prompt attention to this matter.
Sincerely,
2A W?
Dana Lutheran
SEGO
Enclosures: Wetland Determination Information Package
Topographic Map
Soils Map
2 Vicinity Maps (different scales)
Survey of lot and wetlands
Upland and Wetland Determination Forms
NWP 18 Permit Application
Sheet1
5outkernFnv1'ronmenta1 CjrouP, Inc.
3973 E) MarLet cjtreet . Wilmington, Nortk Carolina 28405
910.254.0602 ' Fax [phone] ' officcescgi.us
www.segi.us
Wetland Determination Information Package
Project Name: Vena Lot SEGi Projact +/: 05-005.01
Applicant: Richard Vena
Project Site: 1119 Bonito Lane
Carolina Beach, North Carolina
Parcel ID: R09014-006-005-000
Project Size: 0.12 Acres 5,000 Square Feet
Subdivision Name: N/A
Block and Lot it: Block 36, Lot 20
Directions to Sito: Take Hwy 421 South to Carolina Beach and continue south past Carolina
Beach Pond. Turn right onto Tennessee Avenue and turn right onto
Bonito Lane. The lot is approximately 125 feet on the right.
Nearest Water Body: Cape Fear River / Atlantic Ocean
Watershad: Cape Fear
Lat / Long N340 1.376' W77° 54.037'
USGS Quad Name: Carolina Beach
Wetland Acreage: .048± Jurisdictional N/A Isolated
Attached Maps: Topographic Map
Soils Map
Location Map (at several scales)
r ?Z
Page 1
Office Use Only' Fonn Version May 2002
USACE Action ID No. DWQ No. _ 0 1153
_11 _--T1 A11I
(it any parttcuiar item is not appncao?e to uus pit)JUA, p,wsU UIRUL 11.,? nVYi1 L' ut xw, .)
I. Processing
Check all of the approval(s) requested for this project:
El Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
El 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Z
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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Richard Vent ? D
Mailing Address: 10 Fieldcrest Court JUN 2 4 2005
Durham, North Carolina 27713
Telephone Number: Not Applicable Fax Number: N t f!q1R
QUALITY
E-mail Address: Not Applicable "'V'6YATERBRAIVCH
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: James Taylor
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 3973 B Market Street
Wilmington, North Carolina 28403
Telephone Number: 910.254.0602 Fax Number: 910.254.0603
E-mail Address: itaylor(@segi.us
Page 1 of 8
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: 1119 Bonito Lane
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): R09014-006-005-000
4. Location
County: New Hanover Nearest Town: Carolina Beach
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
From Highway 421 South, cross the Snow's Cut Bridge and stay south on Lnhe Parts
Boulevard Take z right on Tennessee Avenne Ina a right on Bonito Lane. The lot is
on the right just past lot 1123.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N34° 1.376' W77° 54.037'
(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): 0.115±
7. Nearest body of water (stream/river/sound/ocean/lake): Cape Fear River / Atlantic Ocean
8. River Basin: Cope Fear /Lower Cnpe Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site currently is undeveloped but has been mowed. There is residential
development surrounding the project site.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Henyy machinery inchtding bulldozers and other equipment will be used to grade and
install improvements to create a residential structure on the subject parcel.
11. Explain the purpose of the proposed work:
To create a buildable lot on the subject parcel for the house planned by the client.
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.
Not Applicable.
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 future permits are anticipated for this project.
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be included
at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation,
list and describe the impact in Section VIII below. If additional space is needed for listing or
description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Placement of fill materinl to nllovir constntetion of a re 3identiA strtneture.
Page 3 of 3
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 Welland***
1 Fill 0.034± Yes Not Applicable Wet Flat

__t...,,. t.. .... ..t r:m:tr I tn- --hnni7d-A clc'Irint!_ eradine.
* List each impact separately and identity temporary impacts. Impact., tttt.tuu , vu ..............?•?- -- ----- -
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 FEIVIA Map Service Center at 1-800-358-9616,
or online at llt?•//%vNv%v.(cma.2OV.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/salhvater 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: 0.048± acres
Total area of wetland impact proposed: 0.034± acres ( 1,437+ square feet )
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feel
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

List each impact separately and identify temporary impacts. impacts include, out art: not nIttttLU tv. t.utvuw uuu u?...u......?..,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gairt),
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
Several internet sites also allow direct download and printing of USGS maps (e-g., Www.tOn07011e.C0111,
y'1N1y.tnalxlUeSt.COIn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
Page 4 of 3
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
Open Watcr
Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Watcrbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but arc not linuted to: hu, excavation, me d6uig,
flooding, drain; e, bulldleads, etc.
5. Pond Creation Not Applicable
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.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size of watershed 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 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.
The proposed fill is necessary to allow construction of a residential structure on the subject
parcel Local regulations and setbacks from adjacent lots and roadways must be met, and
the stntcture has been situated in the proposed location to minimize impacts to
jurisdictional waters (e-, wetlands).
Page 5 of 8
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 tis/ncwetiand-,/strm,i,,ide.litnil.
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.
Mitigation through the NC EEP has been nuproved, and a letter from NC EEP will be
forwarded a s soon as it arrives.
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/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 nplilienble.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres):0.25 neres.
Amount of Coastal wetland mitigation requested (acres):Not applicable.
Page 6 of 8
I. 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 El
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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 El 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* uimpact arre feet Multiplier zMiti ation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
Page 7 of 8

X. 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.
The proposed impervious surface acreage will be within state and local thresholds for
impervious surface per acre of land.
XL 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.
Municinil sewer service is available for the subject parcel.
U. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes El No El
Is this an after-the-fact permit application?
Yes 0 No 0
XII. 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).

Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Back To TermServer
BUSM Carolina Bk
Change to Landscape
Inman
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Image courtesy of the U.S. Geological Survey
© 2004 Microsoft Corporation. Terms of Use Privacy Statement
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ito Lane Lots in Carolina Beac
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Routine Wetland Determination 5F-6i
DATA FORM
Project/Site: 1119 Bonito Lane
Project it: 05-005.01
Applicantlowner. Richard Vena
Corps Wetland Delineation Manual)
Investigator
jouthern r-nvironmental Group, Inc.
3973 B Market Street
Wilmington, North Carolina 28403
910.254.0602
Date: 2/14/05
County: Now Hanover
State: NC
Latitude: 34° 1.353'N
Longitude: 77° 54.01'W
Do normal circumstances exist on the site? El Yes ? No
Community ID: Wantland
Is the site significantly disturbed (atypical situation)? ? Yes D No
x
Is the area a potential problem area? El Yes ? No Transect ID:
Plot ID:
Explanation of atypical or problem area:
VEGETATION (For *strata, indicate T =tree; S =shrub; H =herb; V= vine; and F = fem)
Dominant Plant Species *stratum Indicator Dominant Plant Species *stratum Indicator
All veeetation mowed (removed).
Hydrophytic vegetation present? El Yes ? No
Remarks: percentage of plants that are OBL, FACW, or FAC (excluding FAG)
HYDROLOGY
Is it the growing season?
F?
? Yes X? No
Primary Indicators:
Inundated: ? Yes O No
Saturated in upper 12':
El Yes ? No
Sediment Deposits: ? Yes El No
Drainage Patterns:
? Yes El No
Water Marks: ? Yes 0 No
Drix Lines:
Field Observations:
Depth of surface water.
Depth to free water in pit:
Depth to saturated soil:
0 (in)
12 (n)
10 (n)
? Yes El No
100%
Scccndz3yG,-z
l.od Sad Survey. ? Yes 0 No
Water-stained Leaves:
? Yes 0 No
FAC Neutral: ? Yes El No
Oxidized Root (live roots)
Channels <12at: ? Yes ? No
C;her(e):
Check all that apply & explain below:
? Stream, lake or gage data
? Aerial photographs
? Other
Wetland hydrology present? El Yes ? No
Remarks:
SOILS
Map Unit Name (Series and Phase) : Lynn Haven
Taxonomy (subgroup) Typic Haplaquods
Profile Descri on
Depth Matrix color Mottle colors
inches Horizon Munsell moist Munsell mois
0_12+ 10YR Z1
Hydric Soil Indicators: (check all that apply)
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquic Moisture Regime
? Reducing Conditions
0 Gleyed or Low-Chroma matrix
Hydric soils present? D Yes ? No
Remarks:
Drainage Class: Poorly Drained
Field observations confirm mapped type? ? Yes E ]No
Mottle abundance Texture, concretions,
size and contrast structure etc.
Muck
? Mg or Fe Concretions
0 High Organic Content in Surface Layer of Sandy Soils
? Organic Streaking in Sandy Soils
? Listed on Local Hydric Soils List
0 Listed on NationaULocal Hydric Soils List
? Other (explain in remarks)
Wetland Determination
Hydrophytic vegetation present? 0 Yea ? No
Hydric soils present? 0 Yea ? No
Wetland hydrology present? 0 Yea ? No
Is the sampling point within a wetland? 0 Yea ? No

Remarks:
NOTES:
}
Routine Wetland Determination 5E-61
DATA FORM
(Corps Wetland Delineation Manual
Project/Site: 1119 Bonito Lane Investigator.
Project ;#: 05-005.01 `j Date: 2/14/05
outhern Environmental lGjrouP, Inc. County: New Hanover
Applicant/owner. Richard Vena 3973 B Market Street State: NC
Wilmington, North Carolina 28403 Latitude: 34° 1.39'N
910.254.0602 Longitude: 77° 54.02'W
Do normal circumstances exist on the site? 0 Yes ? No
Community ID: Upland
Is the site significantly disturbed (atypical situation)? ? Yes 0 No
? Yes O No Transect ID:
Is the area a potential problem area?
Plot 1D:
Explanation of atypical or problem area:
VEGETATION (For *strata, indicate T =tree; S =shrub; H =herb; V= vine; and F = fem)
Dominant Plant Species *stratum Indicator Dominant Plant Species *stratum Indicator
Ouercus vir iniana T FACU+
Pteridlum a ui`linunr F FACU
Pnrrvn hnrhnnia T FACW
Hydrophytic vegetation present? ? Yes 0 No
Remarks: percentage of plants that are OBL, FACW, or FAC (excluding FAG)
HYDROLOGY
Is it the growing season?
E
? Yes 0 No
Field Observations:
Depth of surface water.
Depth to free water in pit:
Depth to saturated soil:
Wetland hydrology present?
Remarks:
Primary Indicators:
Inundated: ? Yes 0 No
Saturated in upper 12°:
? Yes 0 No
Sediment Deposits: ? Yes 0 No
Drainage Patterns:
? Yes X? No
Water Marks: ? Yes X? No
33%
ZCccnd-2yIr
local Sol Survey. ? Yes 0 No
Water-stained Leaves:
? Yes 0 No
FAC Neutral: ? Yes 0 No
Oxidized Root (live roots)
Channels <12in: ? Yes 0 No
ahcr(e.?ir):
prixt ? Yes 0 No
Check all that apply & explain below:
0 (in) ? Stream, lake or gage data
>24 (in) ? Aerial photographs
>24 (in) ? Other
? Yes 0 No
OILS
Map Unit Name (Series and Phase) : Leon Drainage Class: Poorly Drained
Taxonomy (subgroup) Aeric Haplaquods Field observations confirm mapped type? ? Yes No
Profile Description
Depth Matra color Mottle colors Mottle abundance Texture, concretions,
inches Horizon Munsell moist Munsell moist size and contrast structure etc.
0-7 10YR 2/1 Salt and pepper sand
7-12+ 10YR 3/1 f.s.l.
17

Hydric Soil Indicators: (check all that apply)
? Histosol ? Mg or Fe Concretions
? Histic Epipedon ? High Organic Content in Surface Layer of Sandy Soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ?D Listed on National/Local Hydric Soils List
0 Gle ed or Low-Chroma matrix ? Other (explain in remarks)
Hydric soils present? 0 Yes ? No
Remarks:
Wetland Determination
Hydrophytic vegetation present? ? Yes 0 No
Hydric soils present? 0 Yes ? No
Wetland hydrology present? ? Yes 0 No
Is the sampling point within a wetland? ? Yes 0 No
Remarks:
NOTES:
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- PROGRAM
?. * 10WF,
-JL
March 3, 2005
James Taylor
Southern Environmental Group, Inc.
3973 B Market Street
Wilmington, NC 28403
Project: 1119 Bonito Lane, Vena Lot
County: New Hanover
Tile purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to
the NC EEP for impacts associated with this project is appropriate. Further, it is the understanding of the NC EEP
that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management,
allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by
the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all
reasonable means of impact avoidance and minimization have been incorporated into the project's design
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Pcrmit/401 Certification within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.
Based on the information supplied by you on the in-lieu fee request form dated March 1, 2005, the wetlands
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the followine table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.
Stream
(linear feet) Non-Riparian Wetlands
(acres) Riparian Buffer
(ft)
Impacts 0.034
Mitigation Maximum 0.068
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.
2Zift-0r1hg... EdfXtdPtg ... ProtP.Ctl, Oar Stag
??
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
James Taylor
Southern Environmental Group, Inc.
1119 Bonito Lane, Vena Lot
March 3, 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].
incerely,
- a
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
R estoriK9... E AAA"... Protectt,?t9 Our State
M
A N'CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

jouthern E-nvironmcntal C3roup, Inc.
5,975E) MarLct Street • Wilmington, North Carolina 23403
.910.25+.0602 • rax: 9 10.25+.060) • [e-mail]
www.segi.us
July 9, 2004
Facsimile
Bill Gilmore
Director, NCEEP
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Re: Richard Vena,1119 Bonito Lane, Carolina Beach ISEGi Project 1105-005.011
New Hanover County
Dear Mr Gilmore:
Our firm is working on behalf of Mr. Richard Vena to pursue a Nation Wide Permit on his lot in
Carolina Beach, North Carolina. The United States Army Corps of Engineers (Corps) is willing
to allow the client to purchase 0.25 acres in mitigation for the 0.034± acres of impact (2:1
mitigation ratio is required) within the proposed project.
The applicant proposes to impact 0.034± acres and has agreed to the 2:1 mitigation requirement.
I am requesting, from your office, a letter indicating the NC EEP will accept the mitigation as
proposed. Please forward your letter to Ms. Jennifer Frye at the Corps's Wilmington Regulatory
Division, and please forward me a copy of the letter for my records.
Based on the new fee schedule, I expect the fee required for the 0.25 acres of mitigation will be
Three Thousand Three Hundred and Thirty Nine Dollars and Eight Cents. ($3,069.08).
In summary, a total of 0.25± acres of mitigation is sought through the NC EEP for the all
proposed impacts to within the proposed project at 1119 Bonito Lane in Carolina Beach, New
Hanover County, North Carolina.
t
SEGO
Please contact our office with any comments and/or questions, and, if possible, please fax a copy
of your acceptance letter to our office. Thank you for your time and assistance with this project.
Sincerely,
//aylorant

North Carolina Ecosystem Enhancement Program
In Lieu Fee Request Form
Name of Applicant or Agent:
Name of Business:
Street Address:
City, State Zip:
Telephone:
Fax
E-mail:
Project Name:
Project Location:
Lat-Long Coordinates:
River Basin:
Cataloging Unit (8-digit):
Project County:
Riparian Wetland Impact:
Non-Riparian Wetland Impact:
Coastal Marsh Impact:
Stream-Cold Impact:
Stream-Cool Impact:
Stream-Warm Impact:
Buffer-Zone 1 Impact:
Buffer-Zone 2 Impact:
Buffer-Total (Zone 1 + Zone 2):
Date 03/01/05
Attachments? Topo Map
Vicinity Map
James Taylor
Southern Environmental Group, Inc.
3973 B Market Street
Wilmington, North Carolina 28403
910.254.0602 March 1 -> 910.452.2711
910.254.0603 910.452.2899
[e-mail]
Vena Lot
1119 Bonito Lane, Carolina Beach
N340 1.376' W770 54.037'
Cape Fear Lower Cape Fear
3030005
New Hanover
0.000 Acres
0.034 Acres
0.000 Acres
0.000 Feet
0.000 Feet
0.000 Feet
0.000 Square feet
0.000 Square feet
0.000 Square feet
Signa?Qre of applicant or Agent: