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HomeMy WebLinkAbout20031567 Ver 1_COMPLETE FILE_20031212MEMORANDUM TO: John Dorney Regional Contact: Noelle Lutheran Non-Discharge Branch WQ Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name 400 & 402 Tennessee Ave Project Number 03 1567 Recvd From APP Received Date 12/12/03 Recvd By Region Project Type single family home County New Hanover County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet +p a=lQ 1??+-? Type Type Impact Score Index Prim. Supp. Basin Req. Req. 18 non-ripari W770- Y O N 99-(3) SB 30,600. 0.01 ?- F_ QY ON ??????? ?F-- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? oQ Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue ©0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office does not object to the projects as revised provided that all of the conditions of General Water Quaility Certification 3402 and the additional conditions listed in the written 401 WQC are met. The 401 Water Quaility Certifications were issued on 01/30/04. NL cc: Regional Office Central Office Page Number 1 CvAASTAL DREAN1 HONaES Custom Modulars - iVholesale/Retail December 10, 2003 WETLANDS/ 401 GROUP DEC 1 2 2003 Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 WATER QUALITY SECTION RE: 400 Tennessee Avenue and 402 Tennessee Avenue, Carolina Beach, NC 28428 To Whom It May Concern: Enclosed please find two (2) of our PCN Application Form (401 Certification/404 Permit) as instructed by Noelle Lutheran and as directed in General Certification #3402 (NW 18). If there are any problems or if you have any questions, please give us a call at (910) 458-0099. Sincerely, Kathy GI s ck Administ ive Assistant Coastal Dream Homes Enclosure P.O. Box 2020, Carolina Beach, North Carolina 28428 (910) 458-0099 OFWArFR O? ?G QV ._W Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimck, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality December 18, 2003 DWQ # 03-1567 New Hanover County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Roswell & Barbara Brown 109 Wilderness Drive Pikeville, NC 27863 Subject Property: 400 & 402 Tennessee Avenue, Carolina Beach, NC Dear Mr. & Ms. Brown: On December 12, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of constructing a home in New Hanover County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 211.0500. 1. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan with the house layout. Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H.0505(c). The processing time f6r this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Sincerely, JRD/bs 1 R. Dorney 0 Water Quality rtific"ation Program cc: Wilmington DWQ Regional Office Wilmington Corps of Engineers Central Files File Copy Richard Rogge, Coastal Dream Homes, Post Office Box 2020, Carolina Beach, NC 28428 I'll CDEt,.i N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 [Fwd: Windhip House, New Hanover Co.] Subject: [Fwd: Winchip House, New Hanover Co.] Date: Tue, 30 Dec 2003 14:14:18 -0500 From: Cyndi Karoly <cyndi.karolyC ncmail.net> To: "Noel le.Lutheran" <Noelle.Lutheran@ncmai1.net> CC: "doug.huggett" <doug.huggettC ncmail.net> Noelle - please see my inquiry below to Doug. I just had a talk with the "consultant" who is really a building contractor (Coastal Dream Homes) totally clueless to wetlands and regulatory. The contact is Kathy Glasscock at 910-458-0099, not the Richard Rogge listed in the pcn. There are actually two sites, the Winchip House and Fleming House, both of which would be next to each other. They've applied for 11<.25 ac of fill" on each one; however, each lot is only .114 acre with tiny pre-fab houses proposed. I asked her to provide a wetland delineation map with the application and then went to length to discuss the difference between a delineation and a determination. She claims the Corps did a delineation, but did not provide a map, so now thinks it may have been a determination. My guess is the entirety of each lot is wetlands. But I told her she still needs to prepare a map showing all wetlands and fill areas proposed on each site, and directed her attention to the environmental consultants part of the yellow pages. One other thing - she claimed someone at Coastal Dream Homes contacted DCM to see if a CAMA permit is required and that their response was no; however, she could not say who spoke to whom - I'd prefer to hear from Doug or somebody else at DCM. They have an approval letter from the WRP for mitigation, but she couldn't tell me if the Corps was requiring mitigation even with the 404 in front of her. I am going to forward this file to you in its imperfect state. It probably won't get to you until after Jan 5 with the holiday mail. This may be a very minor project, but we can expect more from these people. Can you please contact Ms. Glasscock and walk her through the process on this one onsite (i.e. educate her so the next app is better). I started to discuss cumulative impact concerns and mitigation but I think I was pushing the envelope at that point. Better to step back and punt and get her up to speed to this point then go to mitigation in the future if necessary. She might also contact you in advance. Happy New Year, eh! Subject: Winchip House, New Hanover Co. Date: Tue, 30 Dec 2003 10:33:16 -0500 From: Cyndi Karoly <cyndi.karoly@ncmail.net> To: "doug.huggett" <doug.huggett@ncmail.net> Doug - we've gotten a 401 app for a project called the Winchip House or Fleming Home from Roswell & Barbara Brown. Richard Rogge is the consultant. Project is in New Hanover co., #03-1567 on our database. They have applied for a NP7 18 for 0.25 acre residential fill for one house, non-riparian . NW 18 has a .1 acre cap, so it obviously won't work - perhaps a NW 39 for the Corps. This site is just two blocks from the Atlantic Ocean in the town of Carolina Beach. My question to you is if they contacted you - this sure looks like a prime CAMA candidate to me. Thanks in advance for your reply - hope Christmas was relaxing. 1 of 1 12/30/03 2:28 PM J Y')v _ I Office Use Only: , , > s Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "loot Applicable" or ..NiA".1 1. Processing 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 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: Z 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information 1. Owner/Applicant Information WETLANDS/ 401 GROUP Name: Roswell & Barbara Brown Mailing Address: 109 Wilderness Drive c? Pikeville NC 27863 9E ? 03 I Q1 11Y,SECT1pA_, Telephone Number: Fax Number: 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: Richard C. Rogue Company Affiliation: Manager, Coastal Dream Homes Mailing Address: Post Office Box 2020 Carolina Beach. NC 28428 Telephone Number: 910-458-0099 Fax Number: 910-458-0393 E-mail Address: cdhatthebeach(@aol.com Page 6 of 6 IIL Project Information Attach a vicinity reap clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site p1m 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 dearly defined. For administrative and distribution purposes, the USACE requires information to he 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: Winchip House 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 313018313148 4. Location County: New Hanover Nearest Town: Carolina Beach Subdivision name (include phase/lot number): Block 36 Lot 2 Wilmington Beach Directions to site (include road numbers, landmarks, etc.): 421 South turn rinht onto Tennessee Avenue 5. Site ordinates, if available (U'1M or Lat/Long): North: 34.022719° West:77.90010° (Note - If project is linear, such as a ro d or utility line, attach a sheet that separately lists the ordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 50 x 100 7. Nearest body of water (stream/fiver/sound/ocean/lake): Atlantic Ocean 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at httpJ/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: Plotted lots.vel roads, residential housing Page 7of7 10. Describe the overall project in detail, including the type of equipment to be used: Modular home construction heave equipment remaining on town road 11. Explain the purpose of the proposed work: To construct one (1) residential home 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. No other permits have been requested prior to this V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 8 of 8 1. Provide a written description of the proposed imp: cats: 1650 square foot house Footprint of 80'x 27.6' size home Tncludes 2 uncovered decks plus a 10' x 20' driveway _ 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area ° (?) Impact Located 100-year Floodplain** IIres/no Distance to ? (linear feet) Type of Wetland*** 03-03005 Excavation <.25 Yes N/A Non-Itr 03-03005 Fill <.25 Yes N/A Non-Riparian 03-03005 Sin. Fam. Dweilling <.25 Yes N/A Non-Riparian s r _.. ?s • ..,...-...s,..t., .,.,.i :A-f.;r, t? imrev T. rfv irwinrin ixd m-e Tx t nmitod tD: = ch=i=d CkmIm gmd=% M. a=mhan, noodm& ditzhing &wns;e, de For des, u porately ILA impacts due to bath structure and noodm-, es loo-Ymr (loodpta= erne kknhfind t} m& the Fc&W F.ngcy Ma ut ACcocy'3 V EM) Flood lnsunme Rate Mqn (FIRD+t). or FEMA-cpproxcd local 4aodo= mks Maps rye ursi3ab'.c thcouvh dke MIA Mcp Scrv= Cadcr at 14800-358-9616, or saline athttp://,.vww.fema.gov. s.s lint a ucdaod type that best dmmibes wctlmd to be imp=ted (a&, fm=ta'utcdsa1t%z1cr mstsh, forested actlund, beaver pond, Cmd= Bay, bog, dc.) Indicate if u Wand is nobtad (dd=iuat= of isolation to be made by USAGE only List the total acreage (wed) of all existing wetlands on the property: <25 acres Total area of wetland impact proposed: less than .25 acre 3. Individually fist all intermittent and perennial stream impacts below: Stream Impact Site Number ('indicate on map) Type of Impact* Length of Impact (linear fbet) Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? (please specify) N/A N/A N/A N/A N/A N/A List each i npxt Separately an`t xicuhty temporary U%M= mks muna, o u are not mmwu co: UuvULS MM u?a?uuw ??t.-.?:t., dams (Xparately list impxts due to both due sad fiao&D;D. rrlocation (include lima fod before and after, and net loss/pin). stsbilmhoa aamtws (omxnl rill, np•tap, rnb pall, f abioc de.), oxardian, ditchin -Awi8htaiing de. If dream relocation i3 propco4 plans and profiles shoeing the linter fOOVnnt for bath the or Viral and mlocatc d sip ru t be included. Pagc 9of9 ww Sftc= n== s caa be found on USGS topogmphLc n=p& if a sU= h= no n=w,, fist as UT (tmn=ncd tfilxlmy) to the nca rest doulxsft= n amod strmm into which it flms. USGS maps are a-=Uk through the USGS at 1-MO-35&9616, or online at wy,w.usys.Qov. Sctitral inta>ut sites also allow diced dounload =d punting of USGS nzs (e.g_, N ww.tojLozone.com, wwNv.mal2quest.com, ctc.? Cumulative impacts (lincar distance in fed) to all streams on site: N/A 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the US.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A None None Atlantic Ocean Ocean _ - a -- T...-?:..1..7. 1..4 - -,-& li. ,,;t...F tn• Fill rt - %Mtifm rtmanin7 U.'A CM IL UL == =W Y - -Y -4--Y 1/1aY`a ?? uu?..+?.? uw+uw, ..... aaaa..«...,....... ,.. ...., ...... .. .., ?_ 11ooding, dcain?. boll<h=13, Ctc. 5. 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 treated 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VIL Impact Justification (Avoidance and lKinimization) 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 constriction to reduce impacts. The entire lot is damn and only measures 50'x100'. There is no way to not have some impact on thepropgn We will disturb as small of an arm its possible We will place a silt fence 12 ft. from the perimeter footprint of the house & driveway to keep the impact as low as possible. Page 10 of 10 VUL Alitiption 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 fimhwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffets to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar fmctions and values, preferable in the same watershed If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http:/ih2o.enr.state.nc.us/ncwetlands/strmSide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and riven' basin, type and amount (acreage/linear fbet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easernent, etc), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is ne edexl.. 402 Tennessee Avenue, Curolima Beach, NC 28428: Directions: Follow 421 S. and turn ricdt onto Tennessee Avenue. Affected River Basin: Cape; Fear, less than .25 acres, mitiSgtion proposed: Creation: Plan view: See attached Plot Plan: Preservation Mechanism: Deed restriction: Cunyd Site Conditions: No trees on propgZ Proposed method of Construction: Modular Construction. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of Page 11 cf 11 the NCWRP is proposed, please check the appropriate box on page three 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): Amount of Non-riparian wetland mitigation requested (acres): <.25 Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Page 12 of 12 Zone` Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total ' Zme I cxtcmh out 30 fcct pcpaadicukx f x)m near b=k of d=m d; Zone 2 cxt?ds tta =kU is =120 fo d from the cdEc of Zane 1. if buffer mitigation is required, please discuss what type of mitigation is proposed (Le., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 211 .0242 or.0260. N/A XL Storowater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Less than .25 acre-, Town of Carolima Beach MM Sewage Dhpe=1(rcquired 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. Town of Carolina Beach Waste Disposal - Sewer[Waste treatment. XU1. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Is this an after-the-&d permit application? Yes ? No XIV. 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 Pam 13 of 13 choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). / Applicant/ s Signature 'Datd Agent's signatur is alid only if an authorization letter from the applicant is provided.) Page 14 of 14 ,? ?i ?( ! ? ?( i ,? i MCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor November 25, 2003 Kathy Glasscock Coastal Dream Homes P.0. Box 2020 Carolina Beach, NC. 28428 Subject: Project: 402 Tennessee Avenue County: New Hanover William G. Ross Jr., Secretary The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for non-riparian wetlands impacts associated with the subject project. Please note that the decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all reasonable means of impact avoidance and minimization have been incorporated into the project's design. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you in a letter dated November 21, 2003 the non-riparian wetlands restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigatinn that the NCEEP will accent for this oroiect is also indicated in this table. Stream linear feet Wetlands Non-Riparian acres Riparian Buffer ftZ Impacts 0.25 Mitigation Maximum 0.50 The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030001 of the Cape Fear River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208. Sincerely, Rifk ? Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Angie Pennock, USACOE-Wilmington Noelle Lutheran, DWQ Regional Office-Wilmington File NC DENR Ecosystem Enhancement Program One 1619 Mail Service Center, Raleigh, North Carolina 27699-1619 NO Carolina Phone: 919-733-52081 FAX: 919-733-53211 Internet: h2o.enr.state.nc.usAvrp/ vv=-i!' VJ rill 1LIJ7 1A v L1 vnv:u:. a-:1L4 1 ijv?L? I macs lu 03 12t07p Troy Brown . 915-828-1708 p,Z Rosweli & Barbaro Brown 109 Wilderness Drive Pikeville, NC 27863 ACUE Attention Angie Pennock Dear Ms. Pennock, We are in agreement to allow Ccastal Dream Hemes the right to proce:d with gaining a permit to build on our lot we are selling them at 40Z Tanneisea Avenue in Carolina Beach, NC. All exp03e3 Incurred fcr the permit and prucess ate the responsibility of Coastal Dream Homes. Thank You, --- 10.10.2003 koswe 1 C. atown ^ 10.10-?00? Barbara . Hrowr. ? -?_•---?'?-"- LIGNELL W. HOOD III (BILLY) A PROFESSIONAL LAND SURVEYOR 1007 NOATN 41h STREET -+?-__ - WILMINGTON, HC 28401 PHONE (910) 763-7181 t, kti(? .vn q7l FAX (910) 763-7182 ?t ti r Lo-f 3 log ?? (I o i.i. M r\ t' _ ?3Lk 3?0 (Il t -1o 'AL I; Flo` 3b E 50,0 (' I ?' 9• Z . 8• q F, II' g : w z (v g . S }N 1 ?- cr 2_L J -2 I -1 t Ij?k Jv (j(-IL J? Vl 1L (_l v? S. 1 9, o tDo10' 570 36 Cl so, d t, . I A4AL 7 CAR ., -3 , 0 N F3. 7 _ 9.7 ?, 7 SEAL _ L-1368 L LC6f,,0: So?L ? MA2 F ?? ? P V ? 4 '' ? ' ` . k a r I ,r?.u?: 120, AP( fL.D>\ ? N ?. ? .? Q rI? ?F 1'R??i?,ia! po wF2 1 ? OPoiC /O.+l sgL.>,ur rr E ( (3E??C?'?t An 1 l4 c?.) -r(AE Lcrt I"1 AVELIO) rx'--,o (ki-t `.? ZoKl naol ?,(= I n 19 `c,L ?oa r?rncrn2,l MAP OF SURVEY FOR COASTAL DREAM HOMES LOT 2 SECTION BLOCK 36 SUBDIVISION WILMINGTON BEACH FEDERAL POINT TOWNSHIP NEW HANOVER CO. N.C. MAP BOOK 2 PAGE 30' SCALE 1 30' ) DATE 1 0 / 21 / 0 3 LIGNELL W. HOOD III N.C. PROFESSIONAL LAND SURVEYOR L-1368 _u__jq 11913 L4 30 0 30 0 L-3394 ___ ,? h1 {h t ?C S i ? .4L?*?. ? ?? S ?, ti l ? ?^ ?. ?2 h ti H ?. a ? 1 ~ 4ai..- . , NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Qn-mat Tax Year Data Pahl ID ................................. 809014-006-008-000 Owner 1/1/03 .......................... BROWN ROSWELL C BARBARA W Current Owner ........................ BROWN ROSWELL C BARBARA W Property Address .................... 402 TENNESSEE AVE 2/36 Legal Description ..................... BLK 36 LOT 2 WILM BCH Real Estate Values Represent Market Value as of January 1, 1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTAL RCNLD .................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTAL LAND ..................................................... +17,500 TOTAL RCNLD + MI + LAND ........................................ = 17,500 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... = 17,500 Questions? a http://www.nhcgov.com/Oaunq/Oasdata jsp?scl=RO%14 XW)-008-000 11/20/2003 http://wwwdefault. nhcgov.com/serviet/cofn.esri. esrimap. Esrimap?SetviceName=simplem ... 11/20/2003 rage: 1 1-1 Gw nAILUV;;j lWUUUI,y AGr?rjµ A WM.,.., L - r---`--.1. -- Add ' tification Sold Id Price Assd Val. Owner Name/Addr ress # Pron. en 1 400 Tennessee Ave 02/1992 $0 $17,500 Roswell C & Barbara W Brown PID#: 09014-006-009-000 109 Wilderness Dr PIN#: 313018 31 3196 000 Pikeville, NC 27863 2 402Tcn===--AVQ-- ' 02/1992 $0 $17,500 Roswell C & Barbara W Brown PID#: 09014-006-008-000 109 Wilderness Dr PIN#: 313018 31 3148 000 Pikeville, NC 27863 3 403 Tennessee Ave 02/1989 $8,500 $134,355 Glenn G & Carrie C Swann PID#: 09014-008-020-000 13530 Cliffhaven Ln PIN#: 313018 31 2090 000 Huntersville, NC 28078 4 404 Tennessee Ave 08/1994 $9,000 $16,250 David Nelson PID#: 09014-006-007-000 5001 Oleander Dr PIN#: 313018 31 2199 000 Wilmington, NC 28403 5 405 Tennessee Ave 08/1996 $10,000 $25,000 Arnold L & Barbara Rose PID#: 09014-008-021-000 PO Box 726 PIN#: 313018 31 2051 000 Clemmons, NC 27012 rFiFTH qv? .20m 3 CNi ' N N A ?• Of• 0 U87 a a ? 4 V ?• W a m' Ir9 m 8 j J Y' S°/Vi ro 4, /Y {? I A . C71 ? S R a6d I oRop V _?L CN $ i ut? , CD , North Carolina Department of Environment and Natural Resources Michael F. Easley. Governor William G. Ross Jr., Secrelary November 25, 2003 Kathy Glasscock Coastal Dream Homes P.O. Box 2020 Carolina Beach, NC 28428 Subject: Project: 400 Tennessee Avenue County: New Hanover The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for non-riparian wetlands impacts associated with the subject project. Please note that the decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Cotes of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all reasonable means of impact avoidance and minimization have been incorporated into the project's design. This acceptance is valid for six months from the date of this letter. If Nye have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. Based on the information supplied by you in a letter dated November 21, 2003 the non-riparian wetlands restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of .L_. L- AT/lUCT) ..,:II .. ..,t fnr ttiic nrn;"t is atcn indirated in this table. mIL19UL6U11 UldL we i.....". l . ..,. ...... .., __. ..,. --F& Stream ._ ---- -•-------- --- ----- Wetlands Non-Riparian Riparian Buffer ' linear feet acres ft ` Impacts 0.25 Mitigation Maximum 0.50 The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030001 of the Cape Fear River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208. Sincerely, R, -a r Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Angie Pennock, USACOE-Wilmington Noelle Lutheran, DWQ Regional Office-Wilmington File NC DENR Ecosystem Enhancement Program 1619 Mail Service Center, Raleigh, North Carolina 27699-1619 Phone: 919-733-52081 FAX: 919-733-5321 , Internet: h2o.enr.state.nc.usAvrp/ NonrthCarolina j'Naturally Roswell & Barbara Brown 109 Wilderness Drive Pikeville, NC 27863 ACOE Attention: Angie Pennock Dear Ms. Pennock, We are in agreement to allow Coastal Dream Homcs and/or Jeffrey and Katlileen Fleming the right to proceed with gaining a pennit to build on our lot we are selling them at 400 Tennessoc Avenue in Carolina Beach, NC. All expenses incurred for the permit and process are the responsibility of Coastal Dream Homes and/or Jetfrgy and Kathleen Fleming. Thank You, X %4.7I"W- l Date 9-23-2003 Roswell C. Brown U'., - w • Date 9-23-2003 Barbara W. Brown I 3 J7 k Norti f nol'NA zrj ? __ J 5w 3G C 5n r ? 6 71vki r?1d P F SL ?11 - _. t v (i? I Z ? l3 L.k 3 G u.? dLI N ' t1 N E/f; v ?5-7c1 36 r 30. '?•,, ?,.•? ?N C A R O 7EM?J 5,5, El? AvFn1vE 3 .Z Q?' + EAL •. LC-Gr'til0 ' ? L-1368 .? PE ? !'9N F I P F x? ? ?? ? ? P pV?M, p ., .y I a7 r , l fLo? 0 ? C? ?«r ?O ® 1rLJ1t C31? 1 Ujt 0 JZ/a?ic7 OF PRFc'IS I dP1 LIGNELLW. HOOD III (BILLY) (? - ?? Uv v PROFESSIONAL LAND SURVEYOR 1007 NORTH 41h STREET SG?uA2 E r EE I WILMINGTON, NC 23401 PHONE (910) 763-7141 Uc l? c_ : FAX (910) 763-7132 714 E f 07 t L orA T r?-4 IQ A 9( r L- t o I F:7 _4? PA/4 rL -3-75 ?,-1-1 Jet ' 1-51,EP7, --i ?99G MAP OF SURVEY FOR COASTAL DREAM HOMES LOT 1 BLOCK 36 SUBDIVISION WILMINGTON BEACH FEDERAL POINT TOWNSHIP NEW HANOVER CO. N.C. MAP BOOK 2 PAGE 30 SCALE 1" 30' - DATE 9/26/03 LIGNELL W. HOOD III N.C. PROFESSIONAL LAND SURVEYOR L-1368 I Lt El El El El 30 0 30 60 L=3380 I C? aZ 1 20 12 feet Tennessee Avenue , , 10 feet . . , . 10 feet 400 Tennessee Ave 10 feet i 50 feet , . I . , 7.5 feet , . . 60 feet; , , 10, . . , . , , feet , New Hanover County Tax Records Inqwry - Detail Data NEII' HANOVER COUNT' TAX DEPARTMENT Real Estate Tax Records Inquiry - Detail Data Current Tax Year Data Parcel ID ................................. R09014-006-009-000 Owner 1/1/03 .......................... BROWN ROSWELL C BARBARA W Current Owner ........................ BROWN ROSWELL C BARBARA W Property Address .................... 400 TENNESSEE AVE 1/36 Legal Description ..................... BLK 36 LOT 1 WILM BCH Page 1 of 1 Real Estate Values Represent Market Value as of January 1, 1999 TOTAL RCN ( 0 BUILDINGS ) ................................... 0 TOTAL DEPRECIATION ............................................. 0 TOTAL RC.NLD .................................................... = 0 TOTAL MISC. IMPROVEMENTS ....................................... +0 TOTAL LAND ..................................................... +17,500 TOTAL RCNLD + MI + LAND ........................................ = 17,500 MARKET ADJUSTMENT .............................................. 0 TOTAL VALUE OF PROPERTY USING MARKET ADJUSTED COST METHOD...... = 17,500 Return to Top of Page C..,r ;it i ..Y,._,. ,A AP Questions? httpJhvw,.v.nhcgov.coni/Oasinq/Oasdata jsp?set=RO9014-006-009-000 11/20/2003 Map OutpA rage i or i Lm9a d 9Nsa6ad F*aUmm as loads nv*Y roads do. aetxats zoo2 4c 7fn??S?e ? http l/wwwdeWt-nhcgov.corn/seMet/com.esri.esrimap.Esrimap?ServiceName 4 1 i i.l 1::. L _..ti 1 is I s 11/20/2003 Page: 1 New Hanover County Tagged Parcel List - Brief Report Printed: 11/20/2003 ' # Prop. Address Identification Sold Price Assd Val. Owner Name/Addr 1 400 Tennessee Ave 02/1992 50 $17.500 Roswell C & Barbara W Brown PID#: 09014-006-009-000 109 Wilderness Dr PIN#: 313018 31 3196 000 Pikeville. NC 27863 2 402 Tennessee Ave 02/1992 50 $17.500 Roswell C & Barbara W Brown PID#: 09014-006-008-000 109 Wilderness Dr PIN#: 313018 31 3148 000 Pikeville. NC 27863 3 403 Tennessee Ave 02/1989 58.500 5134.355 Glenn G & Carrie C Swann PID4: 09014-008-020-000 13530 Cliffhaven Ln PIN#: 313018 31 2090 000 Huntersville. NC 28078 4 404 Tennessee Ave 08/1994 59.000 $16.250 David Nelson PID#: 09014-006-007-000 5001 Oleander Dr PIN-#: 313018 31 2199 000 Wilmington, NC 28403 5 405 Tennessee Ave 08/1996 510,000 525,000 Arnold L & Barbara Rase PID#: 09014-008-021-000 PO Box 726 PIN#: 313018 31 2051 000 Clemmons. NC 27012 i?• ` ? N to _ 6 iw 8 N 41b' m B a7 M. m 1 4 Co. p B a 4m ?p6 ly ?o J N• 4 iA ?• p• N V Co W i1 W U ?k,4v a • W t m 1,9 m o 'a _14'_ _ 14 ca O' L v p -17 N• b WW,:N43 a S R ' as ?R?F?SH ?N -i: BpN1TO t iv I Date: / /8 /01 Triage Check List Project Name: Fl minQ NOme DWQ#: 63-1.-67 County: IVew Hanover' To: ? ARO Mike Parker ?' WaRO Tom Steffens ? FRO Ken Averitte Z WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Steve Mitchell From: Amanda Mueflek", Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ® Wetland determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ?.* Are the stream and or wetland mitigation sites available and viable? N 'Check drawings for accuracy ? Is the application consistent with pre-application meetings? Cumulative impact concern S-enf y°L . an .¢? AuuY . Comments: 1V oflle - CV,;d ; A r-e JIU 1L1 / 1,01-x, lA1 ? FROM : Coastal Dream Horner PHONE HO. : 910 4580093 DEC. 25 2'003 11:1ORf1 P1 FAX COVER SET SUiD T'O: U?L NUKE HORAN (sla.?coe le CC=P---W N Rater I`CDW Dw=t;a 29, 2003 F= Nambrrr Cu,3t=a N=b= 919-733-6893 910-458-0099 RE: DW Q X103-1567 (404 & 402 Tenn Avemze;, Carolina Beach, NC) Cust=cr. Saul tk Site: ? UM= M Rcply ASAP ? Ple= Cwt ? Ply 1: on= ® For,.kvau lakwualian TOW psrsw, i=Emlarn=-.bcct Per our cxiIIVetsatioq here ane the collies of the Nationwide 13 permits that we reccivcd ftum the USACOE_ Please let me kmw what dIsp, if anything, we geed to do to &ct these aW agWnvcd by your dot ASAP Tb=k you, - 1<hY - (910) 455-0393 - Fax FROM : Coastal Dream Homes PHONE HO. : 910 4520099 DEC. ?-,9 X00- 11:10AH P2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2DDA i 9'i County: New Jannver Quad: C"arnlina BCnnh GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Roswell and Barbara Brown Authorized Agent: Coastal Dream Homes Attn: Richard Rogge Address: 109 Wilderness Drive Post Office Box 2020 Pikeville, NC 27863 Carolina Beach, NC 28428 Phone: (910) 458-0099 Cc: Noelle Lutheran Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Decimal Degrees: North: 34.0227190 West: 77.900100 Ron Ferrel North Carolina Wetland Restoration Program North Carolina Department of Environment and Natural Resources 1619 Mail Service Center Raleigh, North Carolina 7699-1619 Size and Location of Property (waterbody, Highway nannclnumber, town, etc.): Lot 2 on Block 36 at Wibnington Beach (402 Tennessee Avenue), in the headwaters of an unnamed tributary to the Cape Fear River, in Carolina Beach, New Hanover County, North Carolina. Description of Activity: Discharge of fill material into 0.08 acre of jurisdictional waters of the United States for the construction of a single-family home. Applicable Law: _.X- Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1399) Authorization: NATIONWIDE PERMIT #18: MINOR DISCHARGES SECTION 10 AND 404 SPECIAL CONDITIONS 1. The permitlee and subsequent property owners shall maintain the remaining wetlands on the site, as shown on that map recorded in Map Book > Page , of the New Hanover County Registry, (preservation property) in its natural condition, in perpetuity. Prohibited activities within the preservation property specifically include, but are not limited to: the construction or placement of roads, walkways, buildings, signs, or structures of any kind (i.e. billboards, interior fences, etc.); filling, grading, excavation, leveling, or any activity that may alter the drainage patterns on the property; the cutting, mowing, destruction, removal, or damage of any vegetation; disposal or storage of any debris, trash, garbage, or other waste material. In addition, the penrittee shall take no action, whether on or off the preservation property, which will adversely impact the wetlands on the preservation property, except as specifically authorized by this permit. 2. The perinittec shall not sell or otherwise convey any interest in the preservation property to any third party, without 10 days prior written notification to Wilmington District Corps of Engineers in writing, which writing shall reference this permit Action ID number. 3. Any sale, lease, or other conveyance of tine preservation property shall include restrictions on the use of the property described in condition 1, above, which conditions shall be enforced by the permitter. Such restrictions shall include language providing for third party enforcemetnt rights in favor of the Corps of Engineers. Such restrictions must be approved prior to conveyance by the Corps of Engineers. 4, The pernnitue shall make payment to the North Carolina Wetlands Restoration Program (NCWRP) in an amount determined by NCWRP, sufficient to perform 0.16 acre of non-riparian, wet pine flat wetland restoration in the Lower Cape Fear River basin (Hydrologic Unit 03030001). Construction within wetlands shall begin only after the permittce has made full payment to dne NCWRP, and the NCWRP has provided written confinnation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the IOU between the North Carolina Department of Environment and Natural Resources and the United States Anny Corps of Engineers, Wilmington District, dated November 4, 1998. See attached documents for additional terms and conditions of this Nationwide Permit. Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached condition, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification fronn the N.C_ Division of Environmental Management, telephone (919) 733-1736. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army NWP verification, does not relieve die permitter of the responsibility to obtain any other required Federal, State, or local approvals/pemtits. The permittce may need to contact appropriate State and local agencies before beginning Nvork. If there are any questions regarding this authorization or any of the conditions of the Nationwide Permit, please contact the Corps Regulatory official specified below. Date: J.2 D&tremher 2003 (910) 2?1-461 l Corps Regulatory Official: Telephone No . Expiration Date of Verification: =.acrilrr 70045 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESANNI Form 591 Revised July 1995 FROM : Coastal Dream Homes PHONE N0. : 910 4560099 DEC. 29 2003 11:11AI P3 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2004Of-M County: h1y 1-lannver Quad: Carol tin Reach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Roswell and Barbara Brotivn Authorized Agent t I Dl Ionic s ; Attn: Richard Rogge - Address: 109 Wilderness Drive Post Office Box 2020 Pikeville, NC 27863 Carolina Reach, NC 28423 Phone: (910) 458-0099 Cc: Noclic Lutheran Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Decimal Degrees: North; 34.02271911 West: 77.900100 Ron Ferrel North Carolina Wetland Restoration Program North Carolina Deparnnent of Environment and Natural Resources 1619 Mail Service Center Raleigh, North Carolina 27699-1619 Size and Location of Property (waterbody, Highway name/uunlber, toµrn, etc.): Lot 1 on 13"ock 30 at Wilmington Beach (400 Tennessee Avenue), in the headwaters of an unnamed tributary to the Capc Fear River, in Carolina Beach, New Hanover County, North Carolina. Description of Activity: Discharge of fill material into 0.03 acre of jurisdictional waters of the United States for the construction of a single-family home. Applicable Law: .X_ Section 404 (Clean Water Act, 33 U.S,C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: NATIONWIDE PERMIT #I8: MINOR DISCHARGES SECTION 10 AND 404 SPECIAL CONDITIONS 1. The pcrmittee and subsequent property owners shall maintain the remaining wetlands on the site, as shown on that map recorded in Map Book , Page , of the New Hanover County Registry, (preservation property) in its natural condition, in perpetuity. Prohibited activities within the preservation property specifically include, but are not limited to: the construction or placement of roads, walkways, buildings, signs, or structures of any kind (i.e. billboards, interior fences, etc.); filling, grading, excavation, leveling, or any activity that may alter the drainage patterns on the property; the cutting, mowing, destruction, removal, or damage of any vegetation; disposal or storage of any debris, trash, garbage, or other waste material. In addition, the permittee shall take no action, whether on or off the preservation property, which will adversely impact the wetlands on the preservation property, except as specifically authorized by this permit. 2. The pcnrtittee shall not sell or othemise convey any interest in the preservation property to any third party, without 10 days prior written notification to Wilmington District Corps of Engineers in writing, which writing shall reference this permit Action ID number. . Any sale, Icase, or other conveyance of the preservation property shall include restrictions on the use of the FROM : Coastal Dream Homes PHONE 110. : 910 4580099 DEC. 29 2003 11:12AM P4 property described in condition 1, above, which conditions shall be enforced by the penrlittee. Such restrictions shall include language providing for third party enforcement rights in favor of the Corps of Engineers. Such restrictions must be approved prior to conveyance by the Corps of Engineers. 4. The permittce shall snake payment to the North Carolina Wetlands Restoration Program (NCWRP) In an amount determined by NC`'VRP, sufEcient to perform 0.16 acre of non-riparian, wet pine flat wetland restoration in the Lower Cape Fear River basin (Hydrologic Unit 03030001). Construction within wetlands shall begin only after the pernuttcc has made full payment to the NCWRP, and the NCWRP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work. required, in compliance with the :IOU between the North Carolina Department of Environment and Natural Resources and the United States Anny Corps of Engineers, Wilmington District, dated November 4, 1998. See attached documents for additional terms and conditions of this Nationwide Pernut_ Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Scction 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division ofEnvirorunental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning wort: you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the NWP referenced above may subject the pennittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before begiruting work. If there are any questions regarding this authorization or any of the conditions of the Nationwide Pernut, please contact the Corps Regulatory Official specified below, Date: 17 1)Premher 2003 Corps Regulatory Official: Angie Pen Qct.? Telephone No.:J?) 251-4611 Expiration Date of Verification: 17 neremher 2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILL COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 DWQ# & 3 - I5 ?01 Plan Detail Incomplete Date 63 Who Reviewed: ? Please provide a location map for the project. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater,management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide Mitigation copies of the application, copies of the site plans and other supporting information. ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed. Please indicate which 404 Permit the USACE would use to authorize this project.