20090884 Ver 1_401 Application_20090809

pplied Keoource Management, F.C.
August 10, 2009
NCDENR, DWQ, 401 Wetlands Unit
Attn: Ian McMillian
2321 Crabtree Boulevard
Raleigh, NC 27604-2260
RE: Emmet Sniff Tract
US Highway 17 at Old Whitfield Road
Hampstead, Pender County, North Carolina
USACE Action ID: Pending
Dear Mr. McMillian,
o C9@MWL n
00
AUG 1 2 2009
DENR • WATER QUALITY.
WETLANDS AND STORMWATER BRANCH
1 PAI
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A&
Enclosed is one copy of the Nationwide permitting PCN application package prepared for
the USACE and a check for $240.00. 1 have also mailed a copy to Joanne Steenhuis in
the Wilmington Regional Office. The check for $240.00 is for the 401 Certification as
directed by Ms. Steenhuis.
If you have any questions or need additional information please do not hesitate to contact
our office at [phone].
Sincerely,
Ellen F. Corvette, R.S.
Project Geologist
Enclosures
cc: Joanne Steenhuis, w/ Enclosures
Emmet Sniff, w/o Enclosures
P.C, box 882
Hampotead, NC 2844.3
910.270.2919
FAX 270,2988
09-0 8 8 4
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crenx+anc. x?n?x?.. aw. nm:+rarcmMa.. dsnwrnu ;,ngrom: r .,. ,a=ac: ,u
March 11, 2009
PAID
Attn: Ronnie Smith
U.S. Army Corps of Engineers
Wilmington Regulatory Office
69 Darlington. Avenue
Wilmington, NC 28412
RE: Emmet Sniff Tract
US Highway 17 at Old Whitfield Road
Hampstead, Pender County, North Carolina
USACE Action ID: Pending
Dear Mr. Smith,
Mr. Emmet Sniff has authorized and contracted Applied Resource Management, PC, and
Ellen Corvette to act as the agent for the completion of the 404 Wetland Delineation and
NW Permitting for the above referenced property. Enclosed are the following for your
review:
Completed Approved Jurisdictional Determination Form (Raponos)
With the following items. submitted along with the field request:
Data Form
Figure 1 - Site Vicinity Map
Figure 2 - Pender County GIS Soils Map
Figure 3 - Pender County Tax Map And Aerial
Figure 4 - Original Preliminary Map (Pre Site Visit)
Survey Site Plan Prepared. By Stuart Jones, RLS (Reduced)
Agent Authorization dated May 15, 2007
Completed PCN (11 Pages)
Figure 1 Site Vicinity .Map
Figure 2 Pender County GIS Maps (NCDOT 2' Contours, Soils Map, 2003
Aerial Photo)
Figure 3 Proposed Development And Impact Area Map
Figure 4 Proposed Impact Area Map
April 11, 2009
Figure.5 Wetland Area For Mitigation And Preservation
Agent Authorization Letter Dated February 25, 2009
If you have any questions or need any additional information please call me at (910) 270-
2919 or [phone] or via email at [e-mail].
Sincerely,
Ellen F. Corn tte, S.
Project Geologist/Wetland Scientist/Agent
Enclosures
cc: Ms. Joanne Steinhuis, NCDENR, DWQ, with enclosures
Mr. Emmet Sniff, with enclosures
2
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION k BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State-.NC County/parish borough: Pender City: Hampstead
Center coordinates of site (lat/long in degree decimal format): Lat. 34.43627° X, Long. -77.63057° i .
Universal Transverse Mercator:
Name of nearest waterbody:
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC):
0 Check if map?diagram of review area and/or potential jurisdictional areas is/are available upon request.
?; Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination Date(s): Completed with Emily Burton (Hughs) in September 2007
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S. within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
? Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S " within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U .S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U .S. in the review area:
Non-wetland waters: linear feet: width (ft) and/or acres.
Wetlands: 2.57 acres.
c. Limits (boundaries) of jurisdiction based on: Pick Lis
Elevation of established OHWM (if known):
t. Non-regulated waterstwetlands (check if applicable):*'
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
[] Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
?; Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: The wetland is directly connected and adjecent to jurisdication wetlands delineated on
adjacent property. The wetlands drain under US Highway 17 to the NE and flow to an unnamed tributary thay
flows to Virginia Creek and enventually to the AICWW.
?' Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 2.57acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IH.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.'
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
?! Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
?' Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):to
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
Other factors. Explain:
$See Footnote # 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
1e Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts WIN elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Menwrandam Regarding CWA Act JnrisdiMun Following Rapanos.
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON4URISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
[ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply).
? Non-wetland waters (i.e., rivers, streams): linear feet width M.
?' Lakes/ponds: acres.
[] Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
? Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:Topsail, NC V=1,0001.
? USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
FEMA/FiRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date):Pender COunty GIS Aerial 2003 (downloaded 2008).
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicabletsupporting case law:
? Applicable/supporting scientific literature:
Other information (please specify):Pender COunty Soils Map adapted from the Pender COunty Soil Survey, On line data- Survey
Site Map Prepared by Stuart Jones 24-2009.
B. ADDITIONAL COWdENTS TO SUPPORT JD:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Hwy 17, Holly Ridge Date: 7 May 07 _
Applicant / Owner: Andrew S. Ouirk for Emmett Sniff County: Pender
Investigator: Andrew S. Quirk. R S State: North Carolina
Do normal circumstances exist on the site? Yes No X Community ID: 1
Is the site significantly disturbed (Atypical situation)? Yes X No Transect ID: 1
Is the area a potential problem area? Yes No X Plot ID: A-1
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Pinus serotina. 100 FACW+ 9.
2. Juncus 80 FACW 10.
3. Acer mbrum 20 FAC 11.
4. Typha latifolia 75 OBL 12.
S. Osmunda cinnamomea L 50 FACW 13.
6. Smilax 20 FAC 14.
7. Sarracenia alata 15 OBL 1 S.
8• 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks: A North Carolina Department of Transportation spoil pile is located on site from the widening of US
Hwy 17. Also, a power line easement is also located on site .
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
_ Aerial Photographs Primary Indicators:
- Other _ Inundated
x Saturated in Upper 12"
X No Recorded Data Available Water Marks
- Drift Lines
Field Observations: - Sediment Deposits
X Drainage Patterns in Wetlands
Depth of Surface Water: 0n,)
Secondary Indicators:
Depth to Free Water in Pit: X Oxidized Roots Channels in Upper 12"
- Water-Stained Leaves
Depth to Saturated Soil: <12 in, - Local Soil Survey Data
X FAC-Neutral Test
- Other (Explain in Remarks)
Remarks:
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LEGEND
F1 Wetlands
NOTE: Wetland delineated utilizing a Thales MobileMapper CE unit.
At ( tied Keoource Mana ement PC
O. Box 82, Hamps ea , N 8443
910) 270-2919 FAX [phone]

To Jacksonville
TITLE: Preliminary Map (Pre-Site Visit) - Emmet
Sniff Tract Hwy. 17 and Oak Grove Road
s: 5t;ALE: DATE: DRAWN Y:
07086 1 " = 200' 3/5/09 ASO/EFC
FIGURE:
4
May 15, 2007
I, Emmett Sniff, hereby do give permission to Applied Resource Management, P.C. and
the United States Army Corps of Engineers to enter my property at the intersection of US
Highway 17 and Old Whitfield Road in Hampstead, North Carolina for purposes relating
to wetlands mapping and determination. Any questions can be directed to me via
telephone at 910-264-1197.
Emmett Sniff
V

Emmit Sniff Property Hwy. 17 Hampstead - Yahoo! Mail
Page 1 of 1
JM3900f MA1 L
Emmit Sniff Property Hwy. 17 Hampstead Friday, July 24, 2009 5:36 PM
From: "E Cornette" <[e-mail]>
To: "Ronnie D SAW Smith" <[e-mail]>, "Ronnie Smith"
<[e-mail]>, "Ronnie Smith - USACE"
<[e-mail]>
Revised Site Plan.pdf (2355KB)
Ronnie,
Attached is the updated site plan. They have revised the septic permit to allow for the building to be moved
closer to Old Whitfield Road, and moved the septic tanks to the other side of the building. They have also
reduced the impact from 0.43 Acres to 0.41 acres. Please take a look and email me back with any comments.
Also, please cc my office Karen Corbett at karen [e-mail] because I will be out of the office from
July 27th to August 7th. I will be checking emails as much as I can but we will be out of the country and I am
not sure how the emails will work.
Thanks, Ellen Corvette
http://us.mc356.mail.yahoo.com/me/showMessage?sMid=19&fid=Sent&filterBy=&midIn... 8/10/2009
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form v
A. Applicant Information
1. Processing w
-
1a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ? Section 10 Permit pro
WETLAN+?gHpSr RLVALi1Y
TER BRAN
1 b. Specify Nationwide Permit (NWP) number: NW - 39 or General Permit (GP) number:
1c . Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d . Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit PA It
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e . Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ? No For the record only for Corps Plamit:

? Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g . Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Sniff Tract Hwy 17 at Oak Grove Road
2b. County: Pender
2c. Nearest municipality / town: Hampstead
2d. Subdivision name: NA
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: Emmet M. Sniff
3b. Deed Book and Page No. 2652/032
3c. Responsible Party (for LLC if
applicable): NA
3d. Street address: Mailing Address: 252 Stag Drive
3e. City, state, zip: Hampstead, NC 28443
3f. Telephone no.: [phone] (cell)
3g. Fax no.: NA
3h. Email address: NA
.D
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ®Agent ? Other, specify:
4b. Name: Ellen F. Cornette
4c. Business name
(if applicable): Applied Resource Management, P.C.
4d. Street address: P.O. Box 882
4e. City, state, zip: Hampstead, NC 28443
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: cornettefcpyahoo.com
5. Agent/Consultant Information (if applicable)
5a. Name: Ellen F. Cornette
5b. Business name
(if applicable): Applied Resource Management, P.C.
5c. Street address: P.O. Box 882
5d. City, state, zip: Hampstead, NC 28443
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: cornettefc Qyahoo.com
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 4215-22-7528-0000
1 b. Site coordinates (in decimal degrees): Latitude: 34.43627 Longitude: - 77.63057
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 5.94
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary that drains beneath US HWY. 17 to
proposed project: the NE-E then to Virginia Creek and then to the AICWW
2b. Water Quality Classification of nearest receiving water: Unknown
2c. River basin: Cape Fear
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently undeveloped with grass and a few small trees and shrubs. The surrounding property is undeveloped
to the southwest, residential to the NE and N, business/warehouse to the N and NE, by US Highway 17 to the NE, East
and SE with undeveloped land, residential and commercial properties adjacent to the SE side of US Highway 17.
3b. List the total estimated acreage of all existing wetlands on the property:
2.57 Acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
NA
3d. Explain the purpose of the proposed project:
It is proposed that the site is to be developed as one medium sized retail business and multiple smaller retail units with
parking and loading areas and storm water retention area as permitted by NCDENR.
3e. Describe the overall project in detail, including the type of equipment to be used:
At this time one 100'x 100', two 28'x 70', and one 45'x 50' retail buildings are proposed. Also shown are 73 Parking
spaces, loading and unloading areas, and waste receptacles space as required by Pender County Planning Department.
Equipment that may be used on the site but not limited to are as follows: excavator, backhoe, bulldozer, dump truck,
tampers/compactors, graders, and equipment required for the preparation, construction and paving of the site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: The field site visit was performed by Emily Burton
4b. If the Corps made the jurisdictional determination, what type
®Preliminary? Final
of determination was made? Unknown
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Applied Resource Mgt. PC
Name (if known): Andrew Quirk Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NA
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ®P ? T Fill ? Yes
No
® Corps
?
DWQ 0.435
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.4293
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404 width (linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, po nds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID
b Proposed use or purpose (acres)
num
er of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The building, parking, on-site wastewater disposal areas are being located in the upland areas. Pender County Zoning
requires a 100' setback form US Highway 17, therefore the building has to be placed in the location shown on the plans
submitted. Also 73 Parking spaces, loading and unloading areas, and waste receptacles space as required by Pender
County Planning Department
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
During construction the wetlands areas not to be impacted will be protected by the placement of site fencing to prevent
silt and sediment from entering into the wetland areas, and the areas will be avoided during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
We are proposing mitigation through the creation of two partial upland areas on the site (refer to Figure 3) that are
adjacent to the existing wetlands. The creation area will consist of 0.208 acres that will be graded to the elevation of the
existing abutting wetlands. Initially the root mat will be removed and stored onsite, then the underlying sand layer will be
removed to an elevation slightly lower than the abutting wetlands the and organic top soil mixture and the root mat will
then be re-spread over the excavated areas and disked to a depth of six inches. Next, approximately five bald cypress
(or its equivalent), five Wax Myrtles (or its equivalent), 20 Grasses (wetland tolerant), and four pounds of a wetland seed
mix will be placed in the wetland areas. These areas will also be placed in preservation so monitoring is proposed as
visual inspection annually as the site returns to its natural state. In the event the wetlands become dry in the future
,
because of the preservation, there is not the potential for this area to be impacted in the future.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
Multiplier 6e.
Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank
,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: ? Yes ? No
2. Stormwater Management Plan
22 % as per this proposal (Storm
2a. What is the overall percent imperviousness of this project? Water Plan is being prepared
by others)
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
This will be designed based in the NCDENR Storm Water program requirements if the NW permit is approved.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Pender County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
® Coastal counties
4a. Which of the following state-implemented stormwater management programs apply E] HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a . Does the project involve an expenditure of public (federal/state/local) funds or the
f
bl
f El Yes ®
No
use o
pu
ic (
ederal/state) land?
1 b . If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? ? Yes ®No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The on-site wastewater will be permitted throught the Pender County Health Department, Environmental Health Section.
Improvements Permit Number 102971
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
h
bit
t? ? Yes
N
a
a o
5b. Have you checked with the USFWS concerning Endangered Species Act
i
t
?
? Yes N
mpac
s o
5c. If yes, indicate the USFWS Field Office you have contacted ? Raleigh
. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
This site was utilized by the NCDOT for stockpiling soil during the expansion of US highway 17 and if the site contained
ES or DCH the site the area would not have been able to be utilized as such.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? FE] Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There is no fish habitat on site.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
? Yes No
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
This site was utilized by the NCDOT for stockpiling soil during the expansion of US highway 17 and if it was a historic site
the area would not have been able to be utilized as such.
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA-designated 100-year floodplain?
-T
? Yes ® No
-
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Pender County GIS Flood Panel Maps

9
Ellen F. Comette
3/11/2009

Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
February 25, 2009
US Army Corps of Engineers
Attn: Ronnie Smith
Wilmington Field Office
P.O. Box 1890
69 Darlington Ave.
Wilmington, NC 28402
RE: Agent Authorization Letter
Highway 17 and Oak Grove Road Tract
Pender County
Hampstead, North Carolina
Dear Mr. Smith,
I, Mr. Emmet Sniff have authorize Applied Resource Management, PC, and Ellen Corvette
to act as the agent for the permitting of the above referenced property.
If you have any questions please do not hesitate to contact Ellen Corvette at (910) 270-
2919 or me at 910-264-1197.
Sincerely,
Emmet Sniff
Property Owner

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TITLE: Site Vicinity Map - Emmet
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