20070320 Ver 1_401 Application_20070207

February 19,2007
~r 2007'032p
THE CLARK GROUP
Geo-Environmental Services
Land/Hydrographic Surveys
P~,YM ENT Forestry Services
RECEIVED
Jennifer Frye
US Army Corps of Engineers
Wilmington Regulatory Office
P.O. BOX 1890
Wilmington, NC 28402-1890
Dear Jennifer,
r
F Lg 2 ~ "Z007
DENR - y"~Af EH OUAt.;IY
y~,~TLANDS p~'~D gjpR~IWATFR BRANCH
"the purpose of this correspondence is to provide a general description of the project to which the
accompanying permit application pertains. Along with this project summary, I have enclosed one (1)
completed application for a Nationwide Permit # 18, one (1) copy of the tear sheet issued by Josh
Pelletier, directions to the site, and a copy of the EEP acceptance letter to address mitigation
requirements.
The original Action ID for this site is 200600024 and the site visit was conducted by Josh Pelletier in
2005. The general purpose of this project is to place fill in x046 acres of Section 404 jurisdictional
wetlands to facilitate the construction of a single family residential dwelling. This area includes the
proposed driveway and building footprint with parking provided on the ground level. The applicant has
no intention of using this permit to create yard space.
Due to the fact that the entire lot is jurisdictional wetland, avoiding impacts while moving forward with
a viable project proved impossible. This prompted the applicant to pursue a site plan that focused more
on minimization. The first step to minimizing impacts on this site was to envision a relatively small
dwelling that accommodates parking underneath the dwelling, with two floors of living space above.
We are also proposing the building pad as close to the street as possible, with the shortest driveway
allowable within the applicable setbacks. The site will be accessed by a bridge, thereby avoiding
impacts that would be incurred by the placement of a culvert in the roadside canal. A bulkhead around
the entirety of the filled area will serve both to create a level and stable building site, while ensuring that
no fill material will end up in wetlands outside of the permitted impact.
Stormwater issues on this site required a more innovative approach. In order to meet and exceed state
stormwater standards for this type of project, we are proposing to install two (2) cisterns beneath the
living quarters to collect runoff from the rooftop. The cisterns will have a combined capacity of
approximately 1600 gallons, and should collect far more than just the first one inch of rainfall on the
area encompassed by the house. In addition, this water will undergo beneficial re-use within the
household. In preliminary discussions of this project with Noelle Lutheran in the Wilmington office of
Corporate: 5000 Blue Clay Road Castle Hayne, NC 28429 -Post Office Box 10136 Wilmington, NC 28404
[phone] Office - [phone] Facsimile
www.clarkgroup.us

the NC Division of Water Quality, she allowed that this may be an acceptable means of handling runoff
from the rooftop, but continued to express concern over the impervious area encompassed by the
driveway. In response to this concern, we have included an engineer designed trench infiltration system
in the driveway. A detail of this system is included on the accompanying site plan.
To mitigate the proposed impacts, we have submitted a request to the NCEEP and that request was
accepted. A copy of the acceptance accompanies this package. In addition, the applicant would be
willing to offer the balance of the lot for wetland preservation, as there are no additional future impacts
anticipated at this time.
In addition to this copy of the permit application package, seven copies of this package have been sent to
the 401/Wetlands Unit of the NC Division of Water Quality in Raleigh. Please review this information
and contact me with any questions or comments you may have regarding this project. Thank you for
your time and interest in this matter.
Sincerely,
Byron Bateman
Wetland Biologist

Form Version March OS
Office Use Only: 2 p p 7 p 3 2 0
(0~2~- DWQ No.
USACE Action ID No. 2f.~ livable to thts project, please enter "Not Applicab~e~yY^"ANC ~ti"~
(If any particular item is not app 11 ~~ ``tt ~~ ~~.. ~ `1'
I Processing RECEIVED
1. Check all of the approval(s) requested for this project:
Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water. Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 1`f W p ~
. If this notification is solely a courtesy copy because written approval for the 40.1 Certification
3
is not required, check here: ^
4. If a ment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
PY
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VII ,
and check here: Q
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 Divisio d tails ~ check here g ^ nt ~a of
Environmental Concern (see the top of page 2 for furthe Ct ,-,~.- ~ ~ ~ ;~;~,-~ ., }
II. Applicant Information Fig 2 ~ 2001
Owner/Applicant Information
Name: 6tcd e
Mailing Address:
--. ...w~ _ ~~iQ
~~i_--td9 - S2rt 1 Fax Number: ~~- ~ -
Telephone Number: -~<~
E-rimail Address:
2. A endConsultant Information (A signed and dated copy of the Agent Authorization letter
g
must be attached if the Agent has signatory authority for the o sec/applicant.
Name:
Company Affiliation: b
Mailing Address: •~- -
pp Fax Number: q ~ n (tea- 3~l_~~-.
Telephone Number: R -~- [e~~ - ~.-
E-mail Address:
.t i4W:~~Ydi.'g
updarea t tnnoos page 5 of 12

III. Project Iuforaaation
ma ele showing the location- of the property Ruth respect to local
Attach a vier R ~
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, ar other facilities must be included_ If possible, the maps acrd plans sha€~ld
include the appropriate USGS Topographic Quad Map and NRCS Soil Swvey 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 fcnmat;
however, DWQ may accept paperwork of any size_ DWQ prefers full-size. construction
drawings rather than a sequen ~~~ version is ill giblet the applicantlwill besinformd that
reduced to a small scale such tha erable ~s are provided.
the project has be9ea. placed on hold until deeiph
1. Name of project: ~ - ~-k-~a~
N~~
2. T.I.P. Project Number ar State Pro}ect Number (NCD©T Only):
3. Property Identification Number (Tax PIN): ~9D la- a2"1 ~ ~~' ~'~'~ -
4. Location. n ,~„ . ~n1-
Coun D ~ Nearest Town: l~Yb Ii
ty
Subdivision name (include phaseflot number):
Directions to site (include road numbers/names, landmarks, etc.):
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.) 53~ 49• ~oN °W
Decimal. Degrees (6 digits rninirnumj: 3`I ~ ~l ~ 3l .2 °N -17
2
6. Property size (acres): ~--~~-' (l • ' j~ -
hv of water-. lA ~~t.r ri ~ZY' -
7. Name of nearestreceiving dy
8. River Basin:
(Note -this must be one of North Cazolina's seventeen designated major river basins. The
River Basin map is available athtt~llh2o_e~_state.ncustachninlma~sf.)
9. Describe the existing conditions on the site and general land use in the vicinity of the
at the time of this application: ~ire5ln
updated llnnoo5 page G of 12

the a of ec}uigment to be us
10. Describe the overall project in detail, including t`Y_P,,
11. Explain the Purpose of the proposed work:
.. _ n ~,.. , r~,~.c-I,n. i~l~v
IV. Prior Project History
rrnits have been requested andlor obtaused for this
If jurisdicrianal determrnatians and/or pe lease ex lain. Include
project (including all prior phases of the same subdivision) i~ thtrop date, and date permits and
the USACE Action ID Number, DWQ Project Number, app
certifications were issued or withdrawn• Provide photocopies of prevido~leyd~~ e~~ ~~
certifications or other usefirl inforntation. Describe previously appros
buffer impacts, along with associated mitig=ttoen (mwentseof the absame T. PS 1projeetD oolong owith
list and describe permits issued for pno g
construction schedules.
V.
VI.
Are any future permit requests anticipated far this project`! If so, describe the arrticipated work,
and rovide justification for tie exclusion of this work from the current~aPPlicl tion~`^~ l ~ ~ ~
Future Project Plans
~ -r rv~-~
Impacts to Waters a€ the ilnited Sts#es/Waters of the fate
acts t0
It is the applicant's (or agents) responsibility to determine, delineate and map all imp
wetlands, open water, and stream channels associated with the project. Each impact must be
to the .tattles below (e.g-, culvert installation should be listed separatel~r from
listed separately P Ail ro oscd impacts,
riprap dissipater pads). Be sure to indicate if an im act is temporary. P P
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (btu osed to these systems)
should be shown an a delineation map, whether ar not impacts are pr p
We@and artd stream evaluarion and delineation forms. should be included as appropriate.
Photographs mat 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 `
_r, e '
1. provide a tten description of thg pmpased
..-~ _ t _~ ~-...~ _ : t*'_ ~.~ J~(~.~-tom
{ J
hpvv~
- 2,, 2/ -1d t • roeeG~SIG~. ~~ . i H~ S vJ i l l 0. ocari~- 'b `~av
over ---•4,~ ~j~~Q t~~•-t•(n ~Nne, coh5-E,ruet~~ ~G~-hem
~d~ O • ~ S ~.t a-"-?td W -'f'~1 '~'~t r ~n-1- o f c~. St~
u~tea i ii~ drtil~ Q~ • 't{ -
Page 7 of 12 w lyr1 ~ t ~t
~ ~P,rmct rna~-~~y .o~c~ 0.c~~} 2, ~~1~-I- -~t- Z

2. Individually list wetland impacts. Types of impacts
flooding
n
ti include, but arc not
ditching/drainage, etc. limited to
For dams,
mechaniz ,
,
o
ed clearing, grading, fill, excava
se crate list im acts due to both structure and floo Located within Distance to Area of
Type of Wetland 1o0-year Nearest impact
Wetland Impact
Site Number T of impact (e.g., forested, marsh,
YPe herbaceous, bog, etc.) Floodplain
es/no) Stream
'ear feet) (acres)
(indicate on map) , pp(p
x' Yv1QC5
i ~~
~
,r,~rsl~
S
. ~
,,~ ,~ eL2 ,
~. ~ ~
Total Wetland Impact (acres)
. ~ ~{ a.crc,s
3. List the total acreage (estimated). of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts Include, but are not limited to placement of fill or culverts, dam
flooding,. relocation, stabilizatlou activities (e.g_, cemeIIt. walls: rip-rap, crib
constractivn,
walls, gabions; etc.), excavation, ditching stra~~ fo~ bothtthe o~ginal rand relocated streams
plans and profiles showing the linear otp
must be included To calculate acre e, multi 1 le X wiAth,~en divide~~43,56~0~a of
eam Impact Perennial or Stream Width Length Impact
Number Stream Name Type of Impact Intermittent? Before t linear feet acres)
.cafe on ma
~~
Total Stream Impact (by length cad acreage)
cts including lakes, Ponds, estuaries, sounds, Atlantic
5. Individually list all open water impa ~•
but are not limited to
Ocean and airy other water of the U.S.). Open water impacts include,
flood' , dra' e, bulkheads, etc. Area of
fill, excavation, dre in , Type of Waterbody
Open Water Impact Name of Waterbody lake, pond, estuary, sound, bay, Impact
Site Number Type of Impact ( ocean, etc.) acres
(if applicable)
(indicate on map)
Total Open Water Impact (acres)
updated 11/1/2uos Page S of 12

6. List the cumulative im act to all Waters of the U.S. resultin from the
Stream Im act acres : `~
Wetland Im act acres}:
O en Water Im act acres): ,
Total Im. act to Waters of the U.S. acres}
Total Stream Im act linear feet):
7. Isolated Waters ~C] No
Do any isolated waters exist on the property? ~ Yes a of water (wetland or stream) and
Describe all impacts to isolated waters, and include the typ
the size of the proposed impact (acres or linear~n d'to be isolated by thte~USACE on only
applies to waters that have specifically been date
8. Pond Creation acts should be
If construction of a pond is proposed, associated wetland and stream unp
act sections. Also, the proposed pond should
included above in the wetland and stream unp hcation.
be described here and illiestrated on any maps included with this app ~ ~ wetlands
lands ^ stream
Pond to be created in (check all that apply): ~/pembankment, excavation, installation of
Describe the method of construction (e.g.,
draw-down valve or spillway, etc.): livestock watering, irrigation, aesthetic, trout pond,
Pioposed use or purpose of pond (e.g.,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
to nd:~_ Expected pond surface area:
Size of watershed draining Po
VIL. Tnspact Jastfrcatioa (Avoidsuce aad Miteimization)
sad impacts. It may be useful to provide
Specifically describe measures taken to avoid the pro h building ordinances, accessibility, and
information related to site constraints such as topograp Y' drawin s of alternative, Lower impact
financial viability of the project. The applicant may attach ~
site layouts and eaEplam why these design options were ~ f If a 1 lica~ble discuss c onstruction
VIII.
were minimized once the desired site plan was develop ~ a ~ ~~~ ~ s ,~ ~cT i 5
techniques to be followed during construction to educg impacts. ~ . ~_ , ~ ~, ,~_ S _ ` ~ ~ ,
r ~ d a. s'~~~cJ~uvn'_I~.~ . , l ~-srzre~~Y
~ ~~ ~ m Ina.ve~
~ ~ ~r ~ vvLwrvl a.re~a- r wticd ~
,ti,~,er r~n;v.tw~i liv~n~ ..~ T~ ~`~'~- k~ Spa-cts u~d~'
'G~ ~ ... ~ 55 -}o a. v~nod<-S~ 5 i ZtL{ ~ot.~.~--
1xc~'~~`,``-tsaIIa.rd vJ~~lrlnln `t'om- Pr~n~ c~--1-I~ ~nouSG~
In accordance with I SA NCAC ZH ASfitr, mitigation may be required by the NC
DWQ ` ater than or equal to one acre of impacts to
Division of Water Quality for projects involving gre acts to perennial
freshwater wetlands or greater than or equal to 150 linear feet of total imp
streams.
Updated 1I~irzo(15 page 9 of 12

USAGE - In accordance with the Final Notice of 115 2002, mitigat ~~wrll be required when
permits, published m the Federal Register on 3anuary tic environment aze minimal. Factors
necessary to ensure that adverse effects to the aqua
including size and type of proposed impact and fiunction and relativemva~~ o~ p~ a ab e
aquatic resource will be considered in determining acceptability of app p
les of mitigation that may be approptiate and practicable include,
mitigation as proposed. Examp and maintaining wetland
but aze not limited to: reducing the size of the project; establishing losses of
and/or upland vegetated buffers to protect open waters such as streams; and replacing
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable iri the same watershed.
If mitigation is required for this pro}ect, a copy of the mitigation plan must be attached in order
location complete for processing. Any application
for USAGE or DWQ to consider the app laced on hold as incomplete.
lacking a required mitigation plan or NCEEP conctuTeiice shall be p
also choose to review the current guidelines for stream restoration in DWQ's-
An applicant may website for most current
Draft Technical Guide for Stream Work in North Car°lina (see DWQ
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited t°: site location (attach direch°ns
if offsite), affected stream and river basin, type and amount (acreagellinear feet)
and/or map, r ) lan view,
of mitigation proposed (restoration, enhancement, creation, or g enervation , a p ~ a
preservation mechanism (e.g-, deed restrictions, conservation easement, etc.),
description of the current site conditions and proposed method of constnietion. Please attach
a separate sheet if more space is needed. ~ ~~ 1, „~,~r,-}- W; ~~ kjei
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). please note it is the applicant's responsibility to contact the NCEEP at
and written approval from the NCEEP indicating
[phone] to determine availability,
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the agglscation process for. the NCEEP, check the. NCEEP
website at h " {/www nc . net/yaaes/inlieurP+al~ ode tlhf a fallowing information:roposed,
please check the appropriate box on page five an p
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): .~ S
Amount of Non-riparian wetland mit~gahon requested (acres):
puriount of Coastal wetland mEitig~oi'-requested (acres):
Updated 1 t/irzoo5 pagE 10 of 12

~.
X.
Environmeata! Documentation (required by DWQ)
1. Does the project involve an expenditure of Public (federaUstate/local) funds or the use of
Yes ^ No ~'
public (federaUstate) land?
2. If es, does the project require preparation of an environmental document pursuant to the
Y
requirements of the National or North Caza~SEPAI document so required,(ca11 the S PA
Note: If you are not sure whether a NEP
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
the State Clearinghouse? If so, please
3. If yes, has the document review been final~rzed~ tter. Yes ^ No ^
attach a copy of the NEPA or SEPA final app
Proposed Impacts on Riparian and Watershed Buffers (ret{nsred by D~VQ}
It is the applicant's (or agent's) responsibility to determine, delineate and snap all impacts tv
required state and local buffers associated- with the ~J rfl' used impacts must be li tad herelin,
justification for these impacts to Section VIII ahoy site ~ ~ buffers must be shown on a
and must be clearly identifiable on the accompanying P
map, yvhether or not impacts are proposed to ~e Photo apps may also be in laded at the
Regional Office may be included as appropnat ~
applicant's discretion.
1. Will the project impact protected ripe buffSA NCAC 02B 4 3 (Catawba) 15A NCAC
(Neuse), 15A NCAC 2B .0259 (Taz Pamlico),
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
)? Yes ^ No
identify
2. If "yes"> identify the stluare 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 multi liars. Required
# Impact Mulripiier ~~ 'on
Zone ~cn„are feet)
3 (2 for Catau°ba)
1.5
Total ~ 1
* Zone 1 emends out 30 feet perpendictdar from the top of the neaz bank of chant>cl; Zone Z extends an
~ditio~l 2U feet fm m the edge of Zone 1.
lease discuss what type of mitigation is proposed (i:e.,
3. If buffer mitigation is required, P ant into the
Donation of Property, Riparlan Huffer Restoration /Enhancement, or Paym
Please attach all appropriate information as tdenhfied
Riparian Buffer Restoration Fund).
within 15A NCAC 2B .0242 or A244, or .0260.
Updated t 1i1noo5 page 11 of 12

XI. Stormwater (required by DWQ)

11e~~-~'dE''
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. -N' "gin 1 to sksa~'~ssrk
,~; ll be
It . c~4(. 2 ~,~,~ w r tl
~~ o ~4tirc-t ~,-NK.r bl~c~lbc.~t. y ~ W;t+~~-t~~" ~n~~.S`~~°1~-ly~¢
pus -tar . M~ aF"h1i e,w v~7~ ~ Ste' ~<d~~,,~~,,~~u~
pv2yal~ t!.nJirorvrtcyr~ilt,(~ b~K-f+"IS.~Sha.llcw w.f:ll4.~*~ar- 7~S`htnt
Sewage Disposal (required by DWQ)tK~~ny~,w~ rt~..>eae ,~,~~,~,; .~,,~~ :°„~„~~
~.ytl„e.d+r;re.w~t • ~icas~re~ea- P dc,~a.1.
Clearly detail the ultimate treatment methods and disposition (non-dischazge or dischazge) of
wastewater generated from the pro sed project, or available capacity of the subject facility.
IZestdun~ial was ~s ra-u~ vaitl IoL -E- Cawl~~- l~``,~`
wu.~;~,t~a.,l 4.wer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (i5A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this .project (based on past and reasonably anticipated future impacts) result, in additional
development, which could impact nearby downstream water quality? Yes ^ No ^
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website a~ ost
htro•//h2o enr state nc.us/ncwetlands. If no, lease provide a short narrative descripl~On:~_ p ~
~~~~ ~ [s -4o c ~`~ • ~ •I- a- smla t~•~tz~n-< < dvvtl.~~ -1-~,• } ~ ll~~~...4.L~ ~ ~ tv,~~
-_~ l 1. I _ _..1 -M ~o . /1U11V1IYG Se~LI~, 4~d~.KU"CI.tJ ~~K.~ 1~
XV. Other Circumstances (Options!):
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
Thryatened 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.)
Updated l l/1/2005
Page 12 of 12

~ 001001
VALUEAMERICA-CARD-A
10%10x'2016 00:50 FAX [phone]
YHEC~gRKGROU PAGE 02/02
07!19/2005 -15:28 5106023975
~HL' LARK ~ROUP
Cno~Environmaretal Services
Land/Hydrograpleic Surveys
.-~-
t,y' - . horeby auttxorize The Clark G,rvup to act as my ageat ire all dealing6 with
f at and state regulatory agencies on my property located a ~. Car+M.r a~r S•5e~ Spa ar+~ ~u,~~4~,
~,p,~ol ~~w ~,eA.e+,, Noww. ra.ro ~,.~.a.
i~ct the a end state of ~~ar('~ l e.ro ' na,.
S~ign®d;
Date:
Corporate Of£ice: Sooo 131ue Clay Road Castle Hayne, NC:84x9 ~ Pvsc Offaee fax raY~6'W'ilmtr+gtan, NC z84o4
(g=v) boy-39oe Off~ee ~ (9io) bas-~47~ paeeimile • aww.elarbegreap.us
9

Ec®_ _ste
,_
PROGRAM
September 22, 2006
Byron Bateman
The Clark Group
P O Box 10136
Wilmington,,NC 28404
County: New Hanover
Project: Strickland Lot
The u ose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
P rP
accept payment for impacts associated with the abo a en ees as mitigation for project impacts It is the responsib ity of the
the payment will be approved by the permit issuing g _
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
of the issued 404
This acceptance is valid fow~th n th s time framed this accept ncelw Il expire. It is the applicant s responsibility to send
Permit/401 Certification p of the 404 Permit and/or the 401
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a co y
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table. Stream Buffer Buffer
River Basin Wetlands (Linear Feet) Zone 1 Zone 2
Cataloging (Acres) (Sq. Ft.) (Sq. Ft.)
Unit Cool W~
Ri avian Non-R.i avian Coastal Marsh Cold 0 0 0
Cape Fear 0 0.05 0 0 0
03030005
Upon receipt of payment, EEP will take responsibi Zone 2 at a 15 ~ ratio). The type and amount of the o Pena ry aThe
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and
mitigation will be as specified in the Section 4th the Memorandumlof UndeQrstana g between the N. C. Department otf
mitigation will be performed in accordance Co s of En ineers dated November 4, 1998.
Environment and Natural Resources and the U. S. Army rp g
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
i' W" Liam D. Gilmore, PE
erector
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Farrell, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
File

' ~ ®~ .~~~
2e.P,S~®YG`l~.a, E .vv 1~Y®iE~°C~7.6C9
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200600024 County: New Hanover U.S.G.S. Quad: Carolina Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Steve Strickland Agent: ,Iii ron_13atcman ~ ? ~ 0 7 ~ 3 2
v .~:..,..._____,_..__.. _
The Clark Group
Address: PO Box 1426 PO Box 10136
Mount Airy. NC 27030 Wilmington, NC 28404
Telephone No.:
Property description:
[phone]
Size (acres) .4 acres Nearest Town Carolina Beach
Nearest Waterway AIWW River Basin Intracoastal Waterway
USGS HUC Coordinates N 34.0297 W 77.9003
Location description The property is located at the intersection of Sumter Street and Second Avenue, west of Second
Avenue, south of Sumter Avenue, west of South Carolina Beach Road, Carolina Beach, New Hanover County, North
Carolina. .
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers ^nd Ha*bcrs Act and Section. 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subiect to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 USC ~ 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property andlor our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subiect to CWA iurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a
period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on .Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or oiir
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management
Act (LAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to
determine their requirements.
Page 1 of 2

Action ID: 200600024
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact ,Tosh Pelletier at [phone].
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
adiacent to an unnamed tributary to the AIWW in New Hanover County, North Carolina.
Remarks:
Corps Regulatory Official:
Date October 12, 2005 Expiration Date October 12, 2010
Corps Regulatory Official (Initial): ~~~
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2

.T „ . _ ~,
~(JTIFICATION Oli, AI)l1IIl~~ISTRA fI17;_AI PEr~L OI TIO~~ Ai~ll 1 lzC)GF,SS AND _ ;~..
REQUESC l+'UR APPI.AL : ~ , i _
A licant: Steve Strickland File Number: 200600024 Date: October 12, 2005
At tached is: See Section below
INI I'IAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission)
PROFFERED PERMIT (Standard Permit or Letter of ermission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SI:CTIUN I - The i~~llowin~ idcn~ifics your ri~~hts and o~~tions rc~~ardin~i an ~id~l~inistrati~~c appeal of the ah~~~~c
dCCl~loll. 1~ddltlona~ InfOr117atlOn ]Tlay Lie ~Ollnd at }lttp:~~~V~1'~V.US:ILL.aI~Rl~~.illl~~Il1C[~~llnCllOnt~C~~'~C~C~1'O~I~I~~ 0I~
Cd~~s re~~ulalior~s at 33 CPP Parr 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SEC~(-ION II - RI~QLIEST hOR APPEAL ~r OBJECTIONS TO AN INi~1,IAL PPOI~C;I?RE?ll PERI~~11T
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT 01= CONTACT FOR QUESTIONS OP. 1NFORI~~ATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.