20021159 Ver 2_Application_20070223

WALTON ENCTINEERINC~
2/15/07
Ian McMillan
401 Wetlands Unit
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Dear Ian:
200033?
~,h,k,nr
RECEIVED
The enclosed package is an after-the-fact Section 404 Permit/401 Water Quality Certification
application for Ocenaire, a planned subdivision. in Surf City, NC. Oceanaire is a planned
residential subdivision located 1.8 miles south of the intersection of Hwy 210 and Hwy 50 in
Surf City . The 404 jurisdictional wetland impact is an additional .325 ac that is cumulative to
the currently permitted .311 ac. The contents of the package are two copies of the application
(including attachments) and seven copies of the plan for the project. Also attached is the
acceptance for compensatory mitigation through NCEEP and restrictive covenant language.
Included is a response to the Notice of Continuing violation,
Sincerely,
~~
2~--~-~-
Adrian Moon
Copies Furnished:
Ms. Joanne Steenhuis
Division of Water Quality
Wilmington Office
-~
WE"l1A-dp~A,v[~:y;' ;~~;'r_ .t:.~N.At~iC'!~
Tel: [phone] PO Box 895, Burgaw, North Carolina, 28425 Fax: [phone]

Office Use Only: Form Version Mazch OS
X0070 337
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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Rf_-~ a~ i'J~D
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: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information ~~ ~~ ~ ~ ~~ `~!' g ~y ~g
i .~ ~,..~.f -
1. Owner/Applicant Information r ~, ~ ~ R ~ p ~;
Name: TP Inc.
Mailing Address: PO Box 2658 e~~r=~~~ ~ ~~~~~~ .~~ °.:~ r~ ~~
Surf City, NC 28445 ` ~ ' ~ ~~
Telephone Number: 910-545-4254 Fax Number: 910-328-9795
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Walton Engineering,
Mailing Address: PO Box 895
Burgaw, NC 28425
Telephone Number: 910-259-4800 Fax Number: 910-259-1779
E-mail Address: amoonl(albellsouth.net
Page 5 of 13

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: Oceanaire Subdivsion
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4234-04-8506-0000
4. Location
County: Pender Nearest Town: Surf City
Subdivision name (include phase/lot number): Oceanaire
Directions to site (include road numberslnames, landmarks, etc.): From the intersection of
Hwy 210 and Hw~50, go south on S. Shore Drive approximately 1.8 miles and turn right
before sandy lane.
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.)
Decimal Degrees (6 digits minimum): 34°24.703' °N 77°34.076' °W
6. Property size (acres):
7. Name of nearest receiving body of water: Topsail Sound
8. River Basin: Gape 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 property is currently graded and prepped for residential
construction. The general land use in the vicinity of the site is primarily residential.
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: The
proiect is a planned residential subdivision with 33 lots Standard earth moving equipment
shall be used~earth~an, track/back hoe, bulldozer)
11. Explain the purpose of the proposed work: The pu orp se of the work is to build a residential
subdivision and the impacts are small pockets of 404 wetlands.
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. A Jurisdictional Determination has been completed and reviewed by the
Wilmington Regional Office of the USACE.
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.
At this time, no future permit requests are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
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 (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 7 of 13

1. Provide a written description of the proposed impacts: Small pockets of 404
jurisdictional wetlands
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
1 Culvert crossing Freshwater adjacent to salt yes 0 .325

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 1.8 ac
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
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acrea e, multi 1 len h X width, then divide b 43,560.
Stream Impact
Number

(indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im ct Impact
Length
linear feet Area of
Impact
acres
)

Total Stream Impact (by length and acreage)
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (~ applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ) ocean, etc.) (acres)

Page 8 of 13

.. ~
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U. S. resulting from the project:
Stream Im act acres
Wetland Im act acres : .325
©en Water Im act (acres):
Total Im act to Waters of the U. S. (acres) .325
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See attached.
VIII. Mitigation
Page 9 of 13

~•
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 January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide. html.
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.
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
(919) '715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 10 of 13

~ ~ ( Y ~
Amount of Non-ripazian wetland mitigation requested (acres): 0.325
Amount of Coastal wetland mitigation requested (acres):
lX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require prepazation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you aze not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds far environmental documentation.
Yes ^ No ^
3. 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 ^
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 cleazly 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the squaze feet and acreage of impact to each zone of the ripazian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multiuliers.
Zone* ( u~arpe eet) Multiplier ~~ ~
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Page 11 of 13

~ 1 Y
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XL Stormwater (required by DWQ)
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.
See enclosed plan m~
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The Surf Cit~munic,_..pal sewer system will be used.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this an after-the-fact permit application? Yes ® No ^
XIV. 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 at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
current planned impacts aze in addition to previously permitted impacts.
XV. 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).
Page 12 of 13

~ i r' r
Z
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page I3 of 13

os~~tem
.~:{ ~~~.1~~ ~~YIPI~~
PROGkAM
February 20, 2007
Ron Bryant
PO Box 2658
Surf City, NC 28445
20070337
Project: Oceanaire Subd'uvision County: Pander
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC$EP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment wilt be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/4fl1 CertiffcationiCAMA permit witlhin tLis tune frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the pernut(s) an invoice
wiil be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.ncxep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Cape Fear
03030007 Stream {feet} Wetlands (acres) Buffer I
(Sq. Ft.) Buffer Il
(Sq. Pt.}
(re9uested) Cold Cool Warm Ri arian Non-Ili arian Coastal Marsh
Impacts 0 0 0 0 0.325 0 0 0
Credits 0 0 0 0 0.650 0 0 D
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation in either the Cape Fear
03030007 or in the White Oak 03030001 whichever is specified in the permit. If the regulatory agencies require mitigation
credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, die
applicant will Heal to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be
performed in accordance with the Memorandum of Understanding between the N. C. Depardnent 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 Kelly Williams at [phone].
Sincerely,
H~.
William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wettands/401 Unit
Tom Farrell, USACE-Wilmington
Joanne Steenhuis, DWQ- Wilmington
Adrian Moon, agent
File
~:e~to~i,`t~... ~ .. Pro~.ctz'~ 4uar Stag
~~
~~
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521818-715-0476 / www.nceep.net

02/2112007 15:55 9103286145 MARY C FAIRI.EY PAGE 01101
9212~.f?.007 15:00 9102591779 uJWW..TLN EI~iINEERING PAGE 01
I
~, ~a1d Bryant . mn I~tica~t f~ a Sectia-n q0~4 Nationwide Petm;ti~4o1 w~ Qusizty
C.ert~c~iou do bue~aby attest t ~ y~p. P.B, of way xs ~nrtha~ia~d to act as ag~t on may
t-~alfto ~ and pia~as, ~dq a~,i pe~nnait app~ica~ian fozxns far the 404 PERMITl4~3t 1~-aur
Qu~ity Certi~t~tior~ spi~lica~icaaoi. ~ ,
aguatu~e a,~'A~pp tt B
~, ~ (`g,V15r~ a ~Tatary Pnbiia o~'tt~e County of ~"°,w~d,.._..~,_,~ ,...,_~ ,, State
c~F~Tvrt~ Carv~u+a, do hereby '' that c~ ,~.~t paraot~llp eked befr~~ nae
dais day aed aatix ackndarted that thejabove ~ made by lumlher.
wrrne~ my baud and ~ot~iat gal, 'this _-- ~,~ ~ ~ day of .~,,.a r~ o, ~ -~ _ _ - -~, 2Q a`1.
~ My Colmmie~cm, ~ f~ - ~~ ~

"The areas shown on the recorded plat (Oceanire Estates, date, and
recording data) as Conservation Easement shall be maintained in
perpetuity in their natural or mitigated condition. No person or entity
shall perform any of the following activities on such preservation area:
a) Fill, grade, excavate or perform any other land disturbing
activities
b) Cut, mow, burn, remove, or harm any vegetation
c) Construct or place any roads, trails, walkways, buildings,
mobile homes, signs, utility poles or towers, or any other
permanent or temporary structures.
d) Drain or otherwise disrupt or alter the hydrology or drainage
ways of the conservation area
e) Dump or store soil, trash, or other waste
f) Graze or water animals, or use for any agricultural or
horticultural purpose
This covenant is intended to ensure continued compliance with the
mitigation condition of a Clean Water Act authorization issued by the
United States of America, U. S. Army Corps of Engineers, Wilmington
District, Action ID, and therefore may be enforced by the United States
of America. This covenant is to run with the land, and shall be binding
on the owner, and all parties claiming under it. Property owners cannot
amend ar modify these restrictive covenants without the express written
consent of the U. S. Army Corps of Engineers, Wilmington District."