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HomeMy WebLinkAbout19941062 Ver 2_Individual_20070928q~k-~~~a.vZ pplied f~e5ource Management, ~'C. September 27, 2007 NCDENR, DWQ, 401 Wetlands Unit Attn: Cindy Karoly 2321 Crabtree Boulevard Raleigh, NC 27604-2260 ~+~~ ~~~c~ad~ D S EP 2 8 2007 DEN( - WATEf~ GIUALIT'Y WETLAN06 ARID Sl'ORA{4YAT6R BRANCH RE: PCN-NW29/401 Application Seven Pines Subdivision, Hidden Fawn Lane Hampstead, Pender County, North Carolina Dear Ms. Karoly, have signed the PCN and the copy for the above referenced property. If you have any questions or need additional information please dp not hesitate to call me at (910) 270-2919 or (910)617-1497. Sincerely, Ellen F. Cornette, R.S. Project Geologist cc: Lenora Flick, w/o enclosure p0. Box 882 Hamppstead, NG 28443 91D.270.2919 FAX 270.2988 ppfied l~e5ource Management, f~C. September 17, 2007 NCDENR, Division Of Water Quality 401 Wetlands Unit Attn: Ian McMillian 2321 Crabtree Boulevard Raleigh, NC 27604-2260 RE: PCN-NW29/401 Application Seven Pines Subdivision, Hidden Fawn Lane Hampstead, Pender County, North Carolina Dear Mr. McMillian, ~~ '~ . Enclosed are two copies of the NW29 PCN for your review. I have hand delivered a copy to Joanne Steenhuis in the Wilmington Regional Office. Due to the size of this current impact I have not enclosed a fee; however, if one is due please do not hesitate to contact me and I can overnight the payment. Enclosed are the following documents for your review; USACE And DWQ-WiRO Cover Letter Completed PCN Figure 1 Site Vicinity, Wetland And Crossing Location Map With GPS Coordinates Figure 2 Pender County Tax Map And Aerial Photograph Figure 3 Pender County 2' Contour Map On Aerial Photograph And Soils Map Figure 4 Soil Conservation Survey Site Soils Map Figure 5 Historical Drawings Submitted As Part Of NW14 And NW29 Application Talbot Land Surveying, P.C. -Wetland Survey RSC Engineering -Aerial and Cross Section Of Fill Impact Agent Authorization Letter Draft NCEEP Transmittal For In-Lieu Of Fees Copy Of Original Permit And Application ~Er`i ~ {~ 2Q07 ~` ~~ r '~ °I ~~~uUAtt~~Aieei~prn~ve~~~~~n~' rj.NPjLX j ~ J i ~J~{~ri71S o(WR,-1 ~"~_P G b 2~?07 '~~d;z .. bti~.~l ~f~ C~lki.i7Y P.O. Box 882 Hampstead, NG 2843 910.270.2919 FAX 270.2988 September 17, 2007 If you have any questions please do not hesitate to contact our office at (910) 270-2919. Sincerely, Ellen F. Cornette, R.S. Project Geologist Enclosures cc: Lenora Flick, with enclosures 2 ~f ~ ~,. i ._, ! ~`~ a 3~. ~ x..19... ~ i ~, ,r ~,.~ ~ , r' , ,.:; ~ I ~ , ~ # 1 ~ ~ & t,/ ' ~ .~J y ~ ~,_, a September 17, 2007 ~~~~~~~ ~' Q~~~oe~~ sEP z a 200 AAI STr~ftMW.AT R~gTMRq~y Mr. Brad Shaver U.S. Army Corps of Engineers Wilmington Regulatory Office P.O. Box 1890 Wilmington, NC 28412 RE: PCN-NW29 Application Seven Pine Subdivision Hidden Fawn Lane at Bellowing Doe Road Hampstead, Pender County, North Carolina Current Action 1D: 200600571 Historic Action ID: 199500688 Dear Mr. Shaver, Lenora Flick on behalf of her father's estate (Mr. Richard Bryant, III) has authorized and contracted Applied Resource Management, PC, and Ellen Cornette to act as the agent for the completion of the 404 wetland delineation and NW 29 road crossing permit for the above referenced property. Enclosed are the following: Completed PCN Figure 1 Site Vicinity, Wetland And Crossing Location Map With GPS Coordinates Figure 2 Pender County Tax Map And Aerial Photograph Figure 3 Pender County 2' Contour Map On Aerial Photograph And Soils Map Figure 4 Soil Conservation Survey Site Soils Map Figure 5 Historical Drawings Submitted As Part Of NW14 And NW29 Application Talbot Land Surveying, P.C. -Wetland Survey RSC Engineering -Aerial and Cross Section Of Fill Impact Agent Authorization Letter Draft NCEEP Transmittal For In-Lieu Of Fees (~ "'~' f '` , fi ~~ -t ,T" k .mss ~-y ~; , ;~ 5~:~ Z t 2001 t/W~TI ~qht;~;'..,t;~ ;~; ~ ~x,;~~ ~ Eli 6RRMCF~ Copy Of Original Permit And Application September 17, 2007 Page 2 The project was permitted under USACE Action ID 199500688 in January 1995 and the project was never completed. The original fill request was for 0.60 acres of fill within lots 18, 19, 21 and 22, 0.12 acre of fill for the road crossing and 0.12 acres of fill on lot 32. It appears that fill material was placed on Lot 32, and as part of the road crossing; however, the fill was never placed into lots 18, 19, 21 and 22. The properties located along Hidden Fawn Lane have been purchased by private individuals (not associated with the developer) and they are requesting that the road crossing be completed and paved. Fill has been placed into the wetlands as proposed in the original permit, but the culvert was never installed to convey the flow from the upper wetlands to the run of the branch. At this time we are trying to complete the installation of the culvert pipe to complete the original intent of the road crossing permit. The fill impacts for lots 18, 19, 21 and 22 are not being requested as part of this permit application. We are proposing two options for mitigation. The first option is through deed restrictions on lots 18, 19, 21, 22, and 32, which are currently under the ownership of the Estate of Mr. Richard Bryant, III. The second mitigation option is through the purchase of NCEEP Credits, if the site is accepted. If you have any questions or need any additional information at (910) 270-2919 or (910) 617-1497 or via email ay cornettefc@yahoo.com. Sincerely, ,~ Ellen F. Cornette, R.S. Wetland Specialist/Agent Enclosures t { ,,' q } ,. 9 September 17, 2007 NCDENR, Division Of Water Quality, WiRO Attn: Joanne Steenhuis 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 401 Application Seven Pines Subdivision, Hidden Fawn Lane Hampstead, Pender County, North Carolina Dear Ms. Steenhuis, Enclosed are the following documents for your review; Completed PCN Figure 1 Site Vicinity, Wetland And Crossing Location Map With GPS Coordinates Figure 2 Pender County Tax Map And Aerial Photograph Figure 3 Pender County 2' Contour Map On Aerial Photograph And Soils Map Figure 4 Soil Conservation Survey Site Soils Map Figure 5 Historical Drawings Submitted As Part Of NW14 And NW29 Application Talbot Land Surveying, P.C. -Wetland Survey RSC Engineering -Aerial and Cross Section Of Fill Impact Agent Authorization Letter Draft NCEEP Transmittal For In-Lieu Of Fees Copy Of Original Permit And Application If you have any questions or need additional information please do not hesitate to contact me at (910) 270-2919. Sincerely, / 44 ~_/' ' `~ ~~.•i~~~~r~ of '~1 Iten F. Cornette, R.S. Project Geologist Enclosures ~ffICe Use Only: Form Version May 200? USAGE Action ID No. DWQ No, q~ - ~ ~ to a. V 2, (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. 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: 29 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: ^ 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 ~";'~~ ~ ~= t" y"~ ~ ,~ ~a~ Name: Mr. Richard Bryant II Estate c/o: Lenora Flick, Executor ~~~~ _ ~ ~ ~ 200 c, Mailing Address: 107 S. Sea Lilly Ct., Hampstead, NC 28443 Telephone Number: ~~~~,,~, _ ~~,~-~;~ ~~~t~iTv Fax Number: NA V1~~L:~~`a~?` "?`~ ~'T~' ~~`~~a~~A ~~~P`~~ E-mail Address: NA 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: Ellen F. Cornette Company Affiliation: Applied Resource Management, P.C. Mailing Address: P.O. Box 882, Hampstead, NC 28443 Telephone Number: (910) 270-2919 Fax Number: (910)270-2988 E-mail Address: ellen_arm~a~,bellsouth.net 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 Page 1 of 7 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 1 1 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. Naive of project: Seven Pines Subdivision Road Crossing Hidden Fawn Lane 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4203-40-9512-0000 and road R/W 4. Location County: Pender Nearest Town: Hampstead Subdivision name (include phase/lot number): Seven Pines Directions to site (include road numbers, landmarks, etc.): Highway 17N from Wilmington, right on Country Club Road to right on Bellowing Doe Road to Right on Hidden Fawn Lane to area where road ends. (Refer to Fi ure 1). 5. Site coordinates, if available (UTM or Lat/Long): UTM 18 255545E 380701N ~NAD83/WGS84) (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Coordinates obtained from Topozone.com 6. Property size (acres): Four Lots combined (5.98 acres) & roadway. Refer to Figures 2 and 3. 7. Nearest body of water (stream/river/sound/ocean lake): The wetland drains to a branch that is an unnamed tributary draining to Old Topsail Creek that drains to Atlantic ICWW. 8. River Basin: Cape Fear River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://1~2o.enr_state.nc_us/admin/ma ~s'.) 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 majority of the subdivision is developed as residential and this area is in a natural state since it has not been developed for residential dwellings. It I s proposed to develop lots 18,19,21 and 22 as residential lots. 10. Describe the overall project in detail, including the type of equipment to be used: The road development and culvert installation equipment will likely consist of backhoe, grader, compacter, motor grader, excavator, rubber tired bulldozer and loader, vibrator and static rollers, pavers, and hauling vehicles, bush hogs, 11. Explain the purpose of the proposed work: The proposed fill impacts will be limited since the majority of the fill has been placed in the areas prior to this permit. The main area of impact will occur in the area of the flow dissipater with the installation of rip-rap to prevent erosion on the downstream side of the road crossing. The road crossing impact of 0.0068 acres. This Page 2 of 7 will allow the residents on either side of the crossi~ a secondary access and the postal service to complete its delivery route. The cumulative impact for this permit is 0.0068 and the total impact to date will be 0.1268 for the road crossing and the 0.12 fill impact on lot 32. 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.LP. project, along with construction schedules. An original fill impact permit was issued for the site in January of 1995 to fill a total of 0.84 acres under USACE Action ID 19950068 as a NW26 and NW14. A copy of the permit is enclosed for your review. The fill impact was completed it appears on lot 32 (Unable to discuss with previous applicant) and a portion of the impact to the area of the road crossing has occurred (0.1132 acres). No additional permits have been applied for at this time. 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. There are no additional future impacts known at this time. 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. 1. Provide a written description of the proposed impacts: The area will be backfilled with soil from off-site. See Talbot Land Surveying and RCS Engineering Figures for Fill Impact Area. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma) (acres) (yes/no) (linear feet) Fill Area Fill 0.0068 No <300 ft. Forested wetland * List each impact separately and identif}~ temporary impacts. Impacts include, but are not limited to: mechanized clearing. grading. fill, excavation. Hooding, ditching/drainage. etc. For dams, separately list impacts due to both structure and flooding. Page 3 of 7 *" 100-Year floodplains are identitied through the Federal Emergency Management Agency's (FEMA) Plood Insurance Rate Maps (FIRM). or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616_ or online at http://www.fema.eov. *** List a wetland ripe that best describes wetland to be impacted (e.g., freshwater/saltwater marsh. forested wetland. beaver pond. Carolina Bap, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.60 acres 404 upland of the crossing Total area of wetland impact proposed: 0.0068 Isolated 3. Individually list all intermittent and perennial stream impacts below: Stream [mpact Site Number (indicate on ma) Type of Im act* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? NA NA NA NA NA NA x List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap. dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after. and net loss/gain), stabilization activities (cement wall. rip-rap, crib wall, gabions. etc.). excavation.. ditching/straightening. etc. If stream relocation is proposed. plans and profiles showing the linear footprint for both the original and relocated streams must be included. *x Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at wlv~~s~.usRs.aov. Several Internet sites also allow direct download and printing of USGS maps (e. g., ivww.toyozane.c~a~a. a~ww.n~apuuest.com, etc.). - Cumulative impacts (linear distance in feet) to all streams on site: NA 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Type of Area of Impact Name of Waterbody Type of Waterbody Site Number Impact* (acres) (if applicable) (lake, pond, estuary, sound, (indicate on ma) ba ,ocean, etc.) NA NA NA NA NA * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding. drainage, bulkheads, etc. 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 created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw- down valve or spillway, etc.): Not applicable Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):Not applicable Size of watershed draining to pond: NA Expected pond surface area: NA 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 Page 4 of 7 were minimized once the desired site plan was developed. If applicable, discuss conshuction techniques to be followed during construction to reduce impacts. The engineer designed the road crossing to be within the 296 sc~ foot area that has historically been impacted to minimize additional impacts. The completion of the crossing will complete the roadway infrastructure of the intent of the initial subdivision design. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htt~://li2o.ei~r.state.nc.usinc~vetlands/strm~de. 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 river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is not proposed at this time. 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 Iittp~://h2u.onr_states~c.us/vwrp/>l~dex.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Page 5 of 7 Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. X. 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 aNEPA/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 ^ 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. Zone* Im act (s uare feet) Multi lier Re uired Mitigation 1 3 2 1.5 Total 'Lone 1 extends out 30 feet perpendicular trom near bank of channel; Pone 2 extends an additional ZO feet from the edge of 'Lone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Paae 6 of 7 XL Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. At this time a storm water permit has not been applied for. 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. No permits are required for the road crossing. 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. 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 7 of 7 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Adapted from U.S.G.S. Topographic Map "Topsail, N.C.," 1970 Contour Interval = 5' NOTE: Coordinates collected from www.topozone.com. ~~ P 2 12001 C)Ee~lR . 4YAT~i~ r,~U{tLITI` W1/TlA-~i?:: 9,4p `~tt?R~l1!ae ~ `R,'$F2AAl~lCEi I Tir~E: Site Vicinity, Wetland And Crossing FIGURE; pplied IZeSOUrce Management pC ~OCation Map Wlth GFS COOrdlrlateS e o box ae2. HampsteorJ Nc 2aaas JOB: SCALE; DATE: DRAWN BY. j910) 270-2919 FAX 270-2988 0576 1 "= 1,000' 09/13/07 EFC s,~e ~~ ~ ~~' ~~~ ~ y ~(~~j Note: Adapted from Pender County GIS website. pplied >;e5ource Management PC FO. Box bbl. Hamps'ead, NC 28443 f910) 270-2919 FAX 2702988 ~~ Q .'~'C ~~ ~~L,.=. ~ ~~~ srnn~m .~,~ 4 . ~ ~cw TITLE' Pender County Tax Map And Aerial Photograph JOB: SCALE: DATE: 0576 1 " = 200' 9/17/07 FIGURE; ,NN BY: 2 EFC '~ ~w~ ~ ~ ,~~ " ?Pf~~4"^ ~~"rd•~ 3""ry ~' ^xr~''t ~ l.,.i i f^""' j~ tt~ -'` L 3' Note: Adapted from Pender County GIS website, pplied ReSOUrce Management I'C RO Box 862 Hampstead, NC 28443 (910 270 L919 FAX 270-2986 s~P~k'tur TITLE: Pender County 2' Contour Map On Aerial Photograph And Soils Map JOB: SCALE 0576 1 " = 200' DATE: DRAWN BY: 9/17/07 EFC FIGURE; Legend AuB = Autryville Fine Sand, typically well drained soils. Depth to water typically >6' below surface. ~~ ~ ~f S ~ ~ ~ a 2001 Adapted from Pender County SCS Maps, 1990 pplied ReSOUrce Management pC P O, Box 882, Hampstead, NC 28443 ,91 O) 270-2919 FAX 270-2988 TITLE JOB: 0576 Not to Scale ',~+f-:riN - USA f~-!~ (3U?,Li I`V' Soil Conservation Survey Site Soils Map SCALE: DATE 9/ 13/0 7 DRAWN BY: EFC 4 r NWP 14 & 26 REGlUEST 1" = 200' - __ - :, .J. h, '~ rya' 0 ~ Z7 y Z/.JJ \, ow b i 4r' ~1`~ •i4 a ~Jy Jp. i _ z~ ` S 1 1e Va b~ 7L . L/~N~~ JJ L• 1 ~ i -` ~ .L LO ~'!„9gj 1~P• N 29' I'Y9'F ~ . ~, ~-i 9 c' , J • `~~~ ~ 5Y_e~zO'4 / S Op M Z75-~ _Lf,~LO';5'. 12'1 / ~. ~ c "• a.6 ~ ~ NWP. ~6 ;eye' « YG z5• ~ `^ of 8 oe~ On r-~iT' y 'i 3 r N I]'S i M 6 1S S ~a~,,~~, r ~ I ' p l ego. ! G~ 1 a9•a9• J7' V 31 ~ 3 ~ (y qP, y ~~ W ROAD RyE J ~ ~ +~. J ~ ~''sL~ N (PUBLIC SD `1Y)~.«. f~ + ~ 6, 6p. a~ 3 ; f N f~J3`O .9J. O ~, _ pu 2 a•~9• _ J M' ,SE • P 3 NWP 14 - .12 AC. TOTAL \'~.A. `°R,. ~'~. f ~~ ~~°a. M1o ~~ A , eT:!a. ~~ o0 ~ ~, \Q3. '~9'JC'W 261 1~ ` NWP 26 - .72 AC. TOTAL h )' t2c ea ~. __ ~ Y9 OI IO,E~~ '/ LAND MANAGEMENT GROUP, INC. 6 ~ _ _ - SEVEN PINES SITE LAYOUT --,-__ 1" = 300' . i ''1' _ y ~ - y ~_ -_ : ~ r ~,. , d _ ' i t ~ ~ r -.. ,- -- .e,,,, ~ _ ,__ __, _<. _ , ~ _ ._. - _ +-- a _ _ _ ~ _ _ ' -- t _ ;_ - - ~ _. Jf-i vla~ a, . ~. ° °vc, +r' ~ ( ~ UPLANDS, ~ C'1 ' 1 ~ ;„ I ' s' `~ ,; ., ~ ,. ~, r ~ ~ ~ ~ ~;, ,, s• ~_ e - ,. -. >°; s /, ti's ? ,, ,, ~ • .. ,. _ 1` ~ ;~ UPLANDS '`• s. C z z y1, 9 W '~/. ~~ o ,, -'-i~ __ f I `'~~ d ~ Y _ .._ ~ x .~ . a s + 3 b :s , ~=,s NOTE. Documents prepared by Land Management '` . I~ ~~ °fi's Group, 1995, TITLE; Historical Drawings Submitted AS ,FIGURE: pplied (;e5ource Management I'G ' Part Of NW14 And NW29 Application eo Bax 882, Hampstead, Nc 2a44s JOB. SCALE: DATE: 'DRAWN BY: ' S (910) 270-2919 FAX 270-2988 : ~. '~. 0576 As Shown 9/17/07 EFC ', NOTE. APRON TO BE PLACED LEVEL WITH THE ~ TOP SURFACE OF RIPRAP AT SAME ELEVATION AS 51DE5 AND BOTTOM OF CHANNEL. NO --- CHANNEL OVERFALL OR RESTRICTION IN SECTION SHOULD 55 _ - PROPOSED CHANNEL GRO EP ELEV ~ ELEV EP ELEV EXISTOUTLET/INLET PROTECTION DETAIL 18.3"1 18,12 18.12 WETLANDS A5 SHOWN ON SURVEY FOR LENORA FLICK FILTER BY TALBOT LAND PROP05ED 35 LF 18" RGP LOT 28-A ~ FABRIC SURVEYING,P.G. /~/ - INV ELEV:14.8 INV ELEV:1a.8 SEVEN PINS SUBDIVI51oN sECnoN a rxt=vlSEV DATED OCTOBER 10, 2006 ? TT ~ MAP BOdC 34, PAGE "! ~••_ 6 24„ - / / ~~ ~ ~~ WETLAND GROSSING DETAIL / / OUTLET/INLET PROTECTION DETAIL Not to Scale ~ / ~ / = \ \ \ / ~ ~ 8 ~ \ \ '' NOTE: / SEVEN PINES slsvlvlsloN~ SUMED A . S ALL ELEVATIONS SHOWN ARE REFERENCE ELEVATION OF 25' WA5 / / / PROPOSED MAP eooK 23, PAGE 129 \ ~ ~ BASED ON EXITING END OF PAVEMENT OF / STORM PIPE / / HIDDEN FAWN LANE 35 LF 24" RGP . ~i- WITH DI551PATERS ~ \ \ \` ~ / ~o' vRAINA6E e I 20' ortAINA6E t ~ unuTr EASB~Bfi 50' wGHT-0F-wAr Unun' EA5EF1Efli ~ v ~ \ ~ re~'e 4' P~ / v ~ / ~ ~ I' P~ I/ f ~V I ~ ~ 5.1 3,I FOOT FOOT ~ ~ ~v~ QP b~ ABG I I/2' SF95A '~ I"'~-2' Y ~ ~ ~ PROPOSED LOCAL RESIDENTIAL ROAD / 4 e n ~ ~ Not to Scale ~ 36 Y ~ Qi / ~ ~ ~ RQ G ~ ' i ,4 32 d 4 \ Q' ~ ~o v ~ E ~ 28 ~~~ 26 ' pR 24 I.5' O R W p 22 O G 20 Engineering Ia 16 257 Howards Lane Hampstead, NC 28443 24' ~ 14 Phone/Fax: 910.270.9599 wl o. ' BU IED 12 PLAN VIEW (INV 14.8 ezaaavre 5eaeE ~/O sYl O '!O 00 IO / /~H = ~~ O 100 200 300 400 500 600 / j __ i, CURVE TABLE CURVE RADIUS ARC LENGTH DIF?ECTION CHORD C1 232.92' 8.64' S 08'15'39" W 8 64' C2 282.92' 1.37' N 06"00'24" E . 1 37' C3 282.92' 3.17' _ N 06"27'59" E . 3.17' T~ 'ring, ` 'S/r' /s P% °~a~ ~~ n o . 9 ~'o , ire vim. ,p r' \ JI l~ o- 4 \~y \ ~` /°. p3 O'~7 CaP~ ~`\\ a O~ _ _. 1 VICINITX l~.~I~ a1~~.~.~. \ \ ` Legend: 1 O Existing Iron Pipe ~ 1 rn ~ \ r a_ ~\ ~,, I Scale: 1'°=20' m ~ -+. ~ N -~ ~ 11 °o ~, r. O ~ I ~ P ~ I 20' 10' 0' ,~0~ u. rn,\~D ~ 1 Cf n~ ~ '~` ~\ ~ ~~ ~ M.r'' s, ~_1r. ~ `J ~ ~ ~~ ~ `~` Lot 18 \ Seven Pines I Section 4 MB 23 Pg 129 \ I 1 L®t 28-~ \ I ` I Seven Pines Section 4 Revised US ACE Certlflcation MB 34 Pg 7 This certifies that this \ I Q ~~ Q ~\~~ copy of this plat I <L / ~ accurately depicts the L i ~ ~ ~ 7 WF- A l boundary of the ~ '`~-~._= ~2 ~ ~ ~4' ~ - ~ ~ jurisdiction of ~-3 -~ ~ Section 404 of the U Wetland Areo ~ ~ ~ .~~;~~~ WF-B1 ---296 ~s.~f. WF; B9- ~ ~ Clean Water Act, ---- pursuant to the 1987 L7 ~ L6 ~ ~-5 ~~ ~ ` ~ ~ ~' ~ T _~ \ ~ Corps of Engineers ~ Wetlands Delineation / ~I ~j ~I' //~ I .~~ Manual, as determined by _ ~ the undersigned on this s ~ ~~ `e date. Unless there is a ~ I ~`~ change in the law of our ~ ~1 ~ ! ~ published regulations, this ~ ~ ~ determination of Section / / i ~ 404 jurisdiction may be relied upon for a period of ~ ~ five years from this date. / / ~ u '`~ U. S. Army Corps Inset '~ of Engineers Offlclal / / JOt T® ~ I Scaie '~ Dote \ / ~ ~ / / SURVEY FOR: Lenora Flick Hidden Fawn Lane Seven Pines Suladivision Topsail Township, Pender County„ NC Date: October 10, 2006 Survey Reference: Deed Book 2469 Page 164 Map Book 34 Poge 7 Map Book ~6 Page 44. Map Book ~ Page 1~?9 This property is not located within an area of 100 Year Flood. Project #: 06145 Map Name: O6'14•Swet.dwa Drafter: .;~ I, Paul D. Talbot, do certify that `~~~~~iiiiiii~~~ this actual survey and map was ~.~`,~N C,q~®''~.,~ performed and drawn under my `~~`~~...•••~5S/••..`i~~ supervision in accordance with ~ ~;~' p~ o,~;••., y. i "The Standnrds of Practice for _= :~ e~ '~"~-•~; Land Surveying in North Carolina" Si-/"'1~ witness r~~--oligi signs re ~ ~-ease _ license u e~ and •'•`-~,~ .~o`~:'• ~I D, Talbot, P.L.S, L-4099 ,~~~~~UC~„D,;,+~s~`\`~~~`` ~~a~Uo~ :Land Su~rve~~n,~~ ~o~ou 16747 U.S. Hwy 17, Suate lIll~ , Hampstead, North ~aro~nna 2844 ~~' Plh.one: (910) 270-9824. o Lenora B. Flick 106 Twelve Pointer Road Hampstead, NC 28843 (910) 431-0168 December 23, 2005 To Whom It May Concern: I authorize Ellen Cornett to take all actions appropriate and necessary to obtain any and all CAMA-related permits and/or other permits relating to the completion of construction of Hidden Fawn Lane in Seven Pines Subdivision. Additionally, Ms. Cornett is authorized to obtain any and all permits as to those undeveloped lots within Seven Pines Subdivision owned by The Bryant Family Trust which may be required to resolve "404" wetlands requirements. Lenora B. Flick, Trustee ~'1}e Bryant Family Trust September 17, 2007 Kelly Williams NC Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 RE: NCEEP In-Leu of Fees Application Seven Pines Subdivision Road Crossing Hidden Fawn Drive Hampstead, Pender County, North Caroiina Dear Ms. Williams, The Estate of Mr. Richard Bryant, III has authorized and contracted Applied Resource Management, PC, and Ellen Cornette to act as the agent for the completion of the 404 wetland delineation and fill impacts for the above referenced property. We would like to be considered far entrance to the program for the impacts in the above referenced site. The approval into the NCEEP credit program will be for a 0.0068 roadway fill impact at this site. Enclosed are the following for your review: Completed NCEEP In-Lieu Fee Request Form Figure 1 Site Vicinity, Wetland And Crossing Location Map With GPS Coordinates Figure 2 Pender County Tax Map And Aerial Photograph Figure 3 Pender County 2' Contour Map On Aerial Photograph And Soils Map Talbot Land Surveying, P.C. -Wetland Survey RSC Engineering -Aerial and Cross Section Of Fill Impact Agent Authorization Letter Copy of USACE correspondence received on # . N ~ . ~ . September 17, 2007 If it is possible, could you please ca11 me and let me know when the first date for review of this application will be and the cost of non-riparian credits, so that I can inform my client of the impending cost. If you have any questions or need any additional information at (910) 270-2919 or (910) 617-1497 or via email at cornettefc@yahoo.com. Sincerely, Ellen F. Cornette, R.S. Project Geologist/Agent Enclosures cc: Ms. Lenora Fliek, with enclosures 2 «, ~ 5 ~._ January 27, 19;,4° ~" Regulatory Branch Action ID No. 199500688 Nationwide Permit No. 14 (Road Crossing) and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Landmark Real Estate ATTN: Phillip Galloway 803 South College Road Wilmington, North Carolina 28403 Dear Mr. Galloway: Please reference your application dated November 14, 1994, for Department of the Army (DA) authorization to discharge fill material into 0.12 acres of jurisdictional wetlands to construct a road crossing. In your application you also requested to fill two wetland areas totally 0.72 acres of wetlands to be used for improving lots. All of the proposed fill is located off State Road 1567 (entranced through Bellowing Doe Road), above the headwaters of Bellowing Doe Branch in Hampstead, Pender County, North Carolina. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters. Also, authorization pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for fills for roads crossing waters of the United States (including wetlands and other special aquatic sites) provided: a. The width of the fill is limited to the minimum necessary for the actual crossing; b. The fill placed in waters of the United States is limited to a filled area of no more than one-third acre. Furthermore, no more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, including wetlands; c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected highflows and the movement of aquatic organisms; d. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the United States; and e. For fills in special aquatic sites, including wetlands, the permittee notifies the District Engineer (DE) in accordance with the "Notification" general condition. -3- Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Robert C. Stroud ATTN: Tere Barrett Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources 127 Cardinal Drive Extended Wilmington, North Carolina 28405-3847 de F GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and aZI exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wiid and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing,and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or Which is likely to destroy or adversely modify the critical habitat of such species. Nan-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of CL`1'-GCS _2_ the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity Which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has cocaplied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe .may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation office and the National Register of Historic Places (see 33 CFR 33o.4(g)). 13. Notification. a. Where required by the terms of the NWP, the prospective permittee must notify the District Engineer as early as possible and shall not begin the activity (t) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NG1P may be modified, suspended or revoked only in accordance with the procedure set forth in 33 CFR 33o.5(d)(2). b. The notification must be in writing and include the following information and any required fees: (1) Name, address and telephone number of the prospective permittee; (2} Location of the proposed project; (3) Brief description of the proposed pro3ect; the project's purpose; direct and indirect adverse environmental effects the project would cause; any' -3- other NWP(s}, regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or related activity; (~) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted; (a) The USFWS/NMFS regarding the presence of any Federally listed (or proposed for listing} endangered or threatened species or critical hab' in the permit area that maybe affected by the proposed project; and any ltat available information provided by those a encies. may contact Corps District Offices for USFWS/NMFS agencypcontactsvandelisttof critical habitat.)- (b) The SHPO regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available information, if any provided by that agency. 14. Water Supply Intakes. No discharge of dredged or fill material ma oc in the proximity of a public water su l Y cur repair of the public water supply in takeystructurescortad,jacenthbankscharge is stabilization. 15. Shellfish Production. No discharge of dredged or fill material ma occ in areas of concentrated shellfish production, unless the discharge is Y ur directly related to a shellfish harvest activity authorized by nationwide permit. 16. Suitable Material. Nv discharge of dredged or fill material ma cons' of unsuitable material (e,g., trash, debris, car bodies etc, Y 1st discharged must be free from toxic pollutants in toxic amounts. and material 17. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent at the project site (i.e., on-site), unless the District EngineerphastacaroVe a compensation mitigation plan for the specific regulated activity, PP d 18. Spawning Areas, Discharges in spawnin must be avoided to the maximum extent practgcable during spawning seasons 19. Obstructions of High EloWS. To the maximum extent r discharges must not permanently restrict or i P acticable, expected high flows or cause the relocation of the watera(ungessfther~rimac purpose of the fill is to impound waters). P y NATIONWIDE CONDITIONS a. The discharge does not cause the loss of more than l0 acres of waters of the U.S. For the purpose of this nationwide permit, the acreage of loss of waters of the U.S. includes the filled area plus waters of the U.S. that are adversely affected by flooding, excavation, or drainage as a result of the project. b. A 30-day notification to the District Engineer (DE) is required if the discharge would cause the loss of water of the U.S. greater than one acre. For discharges in special aquatic sites, including wetlands, the notification must include a delineation of affected special aquatic sites including wetlands. c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. STATE CONSISTENCY CONDITIONS a. All fill material authorized by this permit must be obtained from an upland source. b. Use of this nationwide permit for waste disposal facilities is not authorized. c. If the proposed activity is within the North Carolina Coastal Area and the activity will result is the loss of waters of the United States greater than 1/3 of an acre, the applicant must receive written concurrence from the North Carolina Division of Coastal Management (NCDCM) that the activity is consistent with the North Carolina Coastal Management Program. d. Should all or part of a proposed activity be located within an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management (NCDCM). Should an activity within or potentially affecting an AEC be proposed by a Federal agency, a consistency dete^^~nation pursuant to 15 CFR 930 must be provided to the NCDCM at least 90 days before the onset of the proposed activity. GENERAL CERTIFICATION CONDITIONS a. General Certification is denied for fills greater than one area in SA, trout, HQW, ORW, WS-I and WS-II watersheds. General certification is issued for all other waters for fills of not more than 10 acres and in those watersheds specified above for fills of not more that one acre. b. Proposed fill or substantial modification of greater than one-third of an acze of such waters, including wetlands, requires a written concurrence from the North Carolina Division of Environmental Management (NCDEM}. c. $stablished sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (So NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Eavironniental Management (NCDEM), 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters}. c17-26 } ~ - 2 d. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. e. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and efflueat standards. f. Concurrence from the North Carolina Division of Environmental Management (NCDEM) that this Certification apglies to an individual project shall expire three gears from the date of the cover letter from the NCDEM. GENERAr. corr~zTioNs 1.. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenanee to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and Ali exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the ~'~ movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. S. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. xild and scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the Q.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Kates Quality Cartificatioa. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Soae l~tanagesteat. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize thQ continued existence of a threatened or eadaagerad species or a speciea proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adverselg modify the critical habitat of such species. Non-Federal permittaes shall cotify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of CL7 °~~'23 -2- the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Harine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Place9~, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(q}), 13. Notification. a. Where required by the terms of the NWP, the prospective permittae must notify the District Engineer as early as possible and shall not begin the activity: (1) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) IInless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittea's right to proceed under the NWP may be modified, suspended or revoked only in accordance With the procedure set forth in 33 CFR 33O.5(d)(2). b. Ths notification must be in writirsq and include thQ following information and any required fees: (1) Hams, address and telephone number of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the groject's purpose; direct and indirect adverse environmental effects the project would cause; any -3- other NWP(s}, regional general persnit(s} or individual permit(s) used or intended to be used to authorize any part of the proposed project or related activity; (4) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted; (a) The IISF'WS/NMFS regarding the presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat ., in the permit area that may be affected by the proposed project; and any available information provided by those agencies. (The prospective permittee may contact Corps District Offices for QSFWS/NMFS agency contacts and list of critical habitat.) _ (b) The SHPo regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available information, if any provided by that agency. 14. Hater Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. 15. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 16. 5w.tabls l~~taterial. No discharge of dredged or fill material may consist of unsuitable material (a.q., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. 17. ititigatioa. Discharges of dredged or fill material into waters of the Gaited States must ba minimised or avoided to the maximum extent practicable at the project site (i.a., on-site), unless the District Engineer has approved a compensation mitigation play for the specific raqulated activity. 18. Spawning llraas. Discharges is spawning areas during spawning seasons must~be avoided to the maximum extant practicable. 19. Cbstructioas of Sigh lrlo~r:. To the maximum extent practicable, discharges must not parmaaaatly restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). r.~ :i c ri gtY ` h~ i ~ ~, ®4_ Z0. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused b accelerated passage of water and/or the restriction of its flow shall bee minimized to the maximum extent practicable. 21. Watarfoal Breeding Areas. Discharges into breedin waterfowl must be avoided to the maximum extent practicableeas for migratory 22. 8emoval ot'.Teaporary Fill:. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. .. J State of North ~ar~,~, is Department of Environment, Health and Rlatural Resources Division of Environmental Management James B, Hunt, Jr„ Governor Jonathan B. Howes, Secretary A, Preston Howard, Jr„ P.E., Director January 23, 1995 Pender County __- -= --- LL- DEM Project # 941062 _ ; _,~r - -~ APPROVAL of 401 Water Quality Certification . _ _ Landmark Real Estate 4000 Oleander Drive Wilmington, N.C. 28402 Dear Sirs: You have our approval to place fill material in 0.72 acres of wetlands or waters for the purpose of road crossing and lot fill at SR 1567 at Bellowing Doe Road, as you described in your application dated 14 November 1994.-After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 2732 and 2671. These certifications allow you to use Nationwide Permit Numbers 14 and 26 when they are issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hear7ng. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, L ston Howard, Jr. P. Attachment ce: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files Chip Jackson; Land Management Group P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer 941062.1tr Telephone 919-733-7015 FAX 919-733-2496 5096 recycled/ 10°.6 post-consumer paper ANT Oi CO,.,~ 6 ~ ld F' K(>f" C~ ~L, e;Fge ~ ~ P Rlatianal ®ceanic and A1tm®s~i~a~v~ ~dmi~aa~.~°a~ie~aa Wr ~ e` NATIONAL MARINE FISHERIES SERVICE ~~'tt4tE50F P~6 Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, Florida 33702 ~D December 22, 1994 t,~--~ Colonel Robert J. Sperberg District Engineer, Wilmingtari District Department of the Army, Corps of Engineers P. O. Box 1890 r "~ Wilmington, North Carolina 28402-1890 4 Attention Michael Hosey Dear Colonel Sperberg: The National Marine Fisheries Service has reviewed Pre-Discharge Notification 199500688 dated December 5, 1994, whereby Landmark Real Estate is ~~requestinq authorization for work pursuant to Nationwide Permits #14 and #26. This project consists of filling wetlands adjacent to an unnamed tributary of Topsail Creek for a road crossing and the creation of a lot of sufficient size to allow the construction of a single family residence in the Seven Pines Subdivision, Pender County, North Carolina. Based on our knowledge of the project area and a review of aerial photography of the project site, we are concerned that the proposed loss by filling of 0.84 acre of wetlands would be detrimental to fishery resources for which we are responsible. Project area wetlands are contiguous with the waters of Topsail Creek and are vegetated with a variety of trees and herbaceous species including red maple (Acer rubrum), sweet bay (Magnolia virginica), black willow (Salix nigra), cinnamon fern (Osmunda cinnamomea), netted chain fern (Woodewardia areotata), and royal fern (Osmunda regalis). These wetlands provide important water quality maintenance functions such as the interception of upland run-off uiaC.a rCai~Jifat of ~cLa'`i.auefitS, corataau~raants, uilu ~i•...L.o.7 a'..it~ i-''.ntS .~".~2~ ~~~ these pollutants can reach downstream waters. Topsail Creek, into which run-off from the project area flows, provides important nursery habitat for estuarine dependent species such as spot (Leiostomus xanthurus), Atlantic croaker (Micropogonias undulates), flounders (Paralichthys spp.), and Atlantic menhaden (Brevoortia tyrannus). We are also concerned that this work is associated with a new subdivision with a portion of seven lots sited in wetlands along the tributary. If similar work is proposed on these lots, the result could be a cumulative loss of approximately 1.5 acres of wetlands that support fisheries. Furthermore, no mitigation is proposed to offset either the individual or potential cumulative wetland losses associated with this project. Therefore, we feel _ .~ _ _ ~~° ~~ Y~~ ... .. ~. -- i`I~ of.~MF~E. that this work will have a more than minimal impact on fishery resources and recommend that the project be advertised by public notice in order to allow a full public review. We appreciate the opportunity to provide these comments. Since y, Andr as Mager, J . Assistant Regio al Director Habitat Conservation Division cc: HCD, St. Petersburg, FL f ~ Q4~~~7 O~~tCOr ~ .e ~~C! l~j ~ ~~ ~^ ~P F~9a~i®n~l ®ceanic end ~~m®sptree°ic ~~~inistr~~i®m~ ~, ~` NATIONAL MARINE FISHERIES SERVICE R®ST'i7ES OF'~~ Southeast Regional Office ~ 9721 Executive Center Drive North St. Petersburg, Florida 33702 December 9, 1994 Colonel Robert J. Sperberg District Engineer, Wilmington District ;.,-. ;_ Department of the Army, Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Attention Michael Hosey Dear Colonel Sperberg: This responds to your December 5, 1994, correspondence concerning Pre-discharge Notification 199500688 submitted by Landmark Real Estate for work near Hampstead, Pender County, North Carolina. We are requesting additional time in order to complete our review of the proposed work. Our comments will be sent to the Corps of Engineers no later than December 27, 1994. Sincer ly, ,~ /~ Andr as Mager, r. Assistant Regional Director Habitat Conservation Division cc: HCD, St. Petersburg, FL ~~~,, .M~,,,E~c ~ . ~, ~~ << j° y e ,f ~ ~ a 3 i G :.may ...., a ~ . cs aF ~~MEM Oi G~~~~r, -2- Your work is authorized by these nationwide permits provided it is accomplished in strict accordance with the enclosed conditions and provided you receive a Section 401 water quality certification from the North Carolina Division of Environmental Management (NCDEM) and, in the coastal area, a consistency determination from the North Carolina Division of Coastal Management (NCDCM) You should contact Mr. John Dorney, telephone (919) 733- 1786, regarding water quality certification, and Mr.`~teve Benton, telephone (919.) 733-2293, regarding consistency determination. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. These verifications will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. These verifications will remain valid for the two years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification. If during the two years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activities would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced or are under contract to commence, in reliance upon the nationwide permit, will remain authorized. This is provided the activities are. completed within twelve months of the date of the nationwide permit's expiration, modification or revocation. Questions or comments may be addressed to Mr. Michael Hosey, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4441. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure ,.-. _ . L p_ V~ L_: ~ ~~ ti'J w~~~ypyp .,_J !`; J DEM ID: ACTION ID: $~~~~~ t ;=?,.~;: Nstionwi de Permit Requested (Provide Mationmide Permit $J: NWP Z 4 , 2 6 .~ 7- JOINT FORM FOR ~~~J~~j(~~~~ ~~;~~~~,~ Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require appli;.ation for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P_O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone: 910-251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRO~~iMEPITAri. F~iANAGEMENT NC DEPARTMENT OF E~tVIRONMENT, HEALTH AID NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 2762E-0535 Telephone:(919)-733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT . PLEASE PRINT. 1. Owners Name: Landmark Real Estate 2. Owners Address: 4000 Oleander Dr. 3. Owners Phone Number (Home): nfa (Work): 919-799-8855 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Chip Jackson c/o Land Management Group, Inc. P.0. Box 2522 Wilmington, NC 28402 910-452-0001 5. Location of work (MAST ATTACH MAP). County: Pender Nearest Town or City: Hampstead Specific Location (Include road numbers, landmarks, etc.}: From HWY 17 N, turn rt. on SR 1565 (Country Club Rd.}, From SR 1565 turn rt, on SR 1567 (Rings Landing_Rd.~, the tract is located on the rt. side of the road. and the tract entrance is named Bellowing Doe Rd. (Shown on site survey). 6. Name of Closest Stream/River: AIWW 7. River Basin: N/A 8. Is this project located, in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[X] NO[ ] 9. Have any Section 404 permits been previously requested for use on this property? YES [X] NO [ ] If yes, explain. A NWP 14 was issued for minor road fill by the previous owner(COE file ~ P-09-97}. This road fill was pat put into place due to the fact that the area was`not developed as alarmed by the prior owner. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 3.56 acres Il. Number of acres of waters of the O.S., including wetlands, impacted by the proposed project: Filled: 0.84 acres 1. / ~ • ~~~ ~at~ ~~ce ~ 2522 ~unrzr~~~a~t, ~/lro+.f~ ~eoGiita 28402 ~~ s~o-452-000 t ~ .~Gl~ g'9~1 ~.J Rudy Schemer U. S. Army Corps of Engineers Regulatory Branch - PO Box 1890 Wilmington, NC 28402-1890 Dear Rudy; REGtILATQRY BRANCH .~~ 94 ~ ~~ ~~ ~~k s8os ~Wu~l~o.,~ll~ .~ ~~~~ ,~YfB 2a~os November 14, 1994 Enclosed is a Nationwide Permit request submitted on behalf of Eandmark builders of Wilmington to fii1.84 acres of wetlands. A NWP 14 is proposed for .12 acres of fill to provide tract access. A NWP 26 is proposed for fill in two wetland areas, each containing .60 acres and .12 acres totaling .72 acres. The .72 acre fill area is requested to provide suitable building area. Thank you for your timely response and should you have any further questions, please feel free to contact me at your convenience. Si erel C - ~- Chip Jackson Environmental Specialist cc: John Dorney, DEM National Marine Fisheries U. S. Fish and t~`-lildlife . i r Drained: Flooded: Excavated: Total Impacted: 0.84 acres 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings on:.y): To fill and grade proposed 404 areas with suitable material to an elevation consistent with the surrounding uplands ~~_ ._rt_ 13. Purpose of proposed work: To provide suitable building area for prcnosed roads land lots 14. State reasons why the applicant. believes that this activity must be carried out in wetlands. -Also, note measures taken to minimize wetland impacts. Location of wetland areas on the tract requires that wetland areas be utilized for tract access and to provide buildable lots. Land planning has provided e~:,ugh buildable area on the remaining lots to not impact the remaining 404 areas. _ _ . 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National iari.ne Fisheries Service (NHFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have y~~ done so? YES [Xl ~ [ ] RESPONSES FROM THE OSFWS AND/OR NHFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding t.~e presence of historic properties in the permit area which may be affected by the proposed project: Have you done so? .YES [X] NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEN: _ .__ ._ _ . A. Wetland delineation may showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project..' C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. ,., : . D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? residential F. If applicable, what is proposed method of sewage disposal? on-site waste treatment Own /Aq t gnature Date ,, _ ,, ,.. .. , .. : . .. <,. r_ _ ,~ •, ,..~,,~,~ ~~~ .' ,~ , ~~.,~,- .,.~~1 ~`5 :::1 .. !~ Jam:!' .. ti ~~.lUr N CUN i Y IL IMP T iii SCALE 1" = 2000' ~ ! ~'T ~ ~ ~ ~- i^ ; _~ ~ 4-_,_ -L as I ' Q ( ( ( !'-_ I --_,_ --~1, ( 1( i Q I t 1' ~~" ~Co ~ 1 t % ~\ ( ( a ( ~ . - / P~B~' (=,. SO pE ROAD:. ~ ~ L . ~ _ ( ~ \~ I - - - - - -~ - I \ ( a 1 a ! .`~' _ `SECT / oN ~ - _ _ ~ ~ ley t m I ~ o/ a S ~ €~ <~ I ;\ I ~~ ! ~ ( O ~ 23NC+ pNESSI~ ~ 1' ~ 1'r :. Nz~ _.' t I N<m S ~ W( ~( O ; ~arz~ I wz1 - 32•2q 4p•W (m o I ~ ~ m ~ ( w l am ., I - _ _ ~V O °m N 2p0. p~, ~ /O I ( O ~ G ( Nw I I °mz m O 33 op's pJ•W y / I ' © U~'LANDS, ;+= ~ ( F , J z ~ Q I O ay ~ •yi~fr ~/3 02q 2p•.!' ~ ~ _ _ ~ _ _ / ~,_ N h ~ \ ( U / a _ n ` I .1. ~ ~/ C /. ( I I.. ~ E N O . ~ ti M (( ~ ^~<tJ OA f.~,t. -` ~ 36' 03' 12. W // r O ~ '~ N 36'3 c y,m 7~ ^. ~ / ~~': 4 24. 99' CH. ~ 1O U~16. pp ~y9•W ~ W L ~ _ ` ` ~~~ O ^-~( m //c.. .;2 S 64• m // ! I S ?0'IS'26'W 160.00' S 47• ~ ( ~z•'~ 1 ~ 1~O / ~~~// /e226 J/•w / '50.00' z W/:,:a,s~48126 3•W O ( tpy ( S/•~ " p~\/ SJ /•4 4• / 0 a ~ N 38' 36' 34' W y( ~ / /. ~r0 ~~/ ' pp C 4p• ~ ~o c ! 2.08' CH. _ ~ ~ I / ( / /~~` N, F 1 0? E i^ _ m 2 . • 3 13j39p S'6, _.~~ L.'~ Z 3n~+1! Y .. ~~ e. p?. /x/•29 `- ~ ~o=~ .., f B. 5 40• IS' 28'W M.21 ,ef.6f 6 m ~ .'tnva •-,o~ .o~~e~d~ g a s~ .230. ~ °a 150.00' ,00'091 ;q ~~3.64' _ ~ v _-_ __-_- NN .B J~ ~. F 4.~y tom' ~ a- _ N G O my m ~p• O~ O` j i ~y _I m U O mlZ w FU q -ml Cm ONd 7 P m ~ < o ~ w j 1 m s~•tr\ o ye' nl s a0'IS'26. W, u ~ .~ _ £ N~m• \v, ~P~ !5p.~p' N'. D , /' ; / UPLANDS o°• ~. ~.;-' y, W. N _ / ~4 .p / J. ~ F 4 ~+~, m. 7- D 72.18' ~_~'-~ / OD YID D P `,~~Clt~1'µ:.; - ~ __ ~ 3 40' 10' 26' W cs' ~~ 4 ~~~ ~+ ~+r;? z Oro I ~ 72. 18'~~ am 1?`P, O~. ~ ~ tlI mro mm ~~?/~~"~ I i ~ d a CSaO. Ji OHO / N ` r S-L N .mi p~ ~O .G~~-1' ro n' C1- 'E P. P• ~~ ~ -) NWlr N.. N 1.1 C W W \•' ~ d~ a O m .l'1R7. I .~ "c P .Y. W \\ ~ mIz m.N w m C1 ~ ~~ O N U Ej~ ` \ ~s Q'p,a ^: ? ~"~1 /'~ ` aWN -z AWN- tin ~" - . ~ \` ///j{}}}j ~C` /'NU/N a `' ~ SrOx2m NAWN 9 I~ ~- m2 G~ v fAil T mr 1+1O •• WUOfT s W ~ °m~V ° I~`I I m ~~aO uo N' a "' a q2 41~ o='~oc OJJN m _- < ~ < m ms _ }~' ~ Q ~ > m ~d \pd m a ~ar ~^ ~_ ~ 9~\g9 ~'N asmoat mooW zn A 1 Ta Cr NOOO O ~r7 ~ aw ~; yd rmrzr _ooo zz w_ S~ o o1m N T o~N<D Aooo ~ m -2 m _ a 22 D N __ mV m ( `~ -Er1 -i uO1U0.O 1°'1 m ~. oi- n / t ^ m NaLcmn wc+ao ri cn-. + N„ m O a n ~ m z xzs ~ v --IZ m iil'~4`u~"P' u ~ ~~u ~i~~11~~•~ ` ®s. ~ iv ~ ~ h _ ti~ b 27 ~ , ~ "p, ~ ~ tom O ~~ e~ i ~ ` 4 C ~ ~~~ ~ b N, i a~ .r • O -1 j \`~ b A -0. 0p~ ~' off, ~~• 1b .,~ <:..... - - ~ ~` y \ y : • ~ ~~ ~ ~. '~ --~ ~ ~ ~ • R~ ~ , \ O ,/ 1 .~ 18 _. J ' 3 _ . ~ ~ : '` - .`.~ 6 A ~ _ ~ ~~ 4y 4 < ~ ~ N / I ~ ~ ~~; ~~ © ~ . ~. ~ ~ (~ ~ • N 2q. ;` ss• 1, ~ ,sT•~ ~ e9 i ~ , b`~ so, ~ { 28 .~ it '. 9 0.~ LPG E.Q'Sj ~~ P~ S~ ~ N 2 8O9 1 ', 2 9' E jaP' vi 9 a~~ ` N 20'~ 12'E 1.49' . ~l ,~ ~0. ~ y~j . -a.~' ~.L.~~ N 625.44 r N 20' 25',` 12' E. 129.20 ~C ` ;~ NWP. ~F ,~ N 20`.125' g 36000 Gt~• - x_67' ~ ~•. 1'S0' ,~ ~_ 13' S 6 ~ . 55.24' • ~ Ci 4 _ _ N 63,0,,3 _ ~ •' ~-``,. ~,` `a~,,~S~ ~' :. _ ~ * 6e rS 49' 39' 37' W ~ °~ ..2s. I9' ctl. 3 ~ ~ - ~~ G ,~ ~~ s ~ e an - ~_ J h - a tig~ _ ` N 6 C 5C, 5e, 9j, Eqs. so - r PURL ~ y - a V ~ Oc'Zi ~ _ 1OS. ~eH 5~3~' ps W ~ `.` 6 p5 ~ -~ N ~~ •~ ~5 ~ ~ ` ~ .~ . ~~ Z NWP 14 - .12 AC. TOTAL ~'~,tio ~G,~`~',,`` ~~. Y o ~ ,~~ ~s? 3S• ~ \5 O~ L e`~y ~` \2cy. ti`s \ NWP 26 - .72 AC. TOTAL '49' 35'W 261.44' ~~ ,\ ~' 126.44' - ~ ~ . 3 N 29' 01' 10' E ~ LAND MANAGEMENT GROUP, INC. t DATA FORM ROUTINE WETLAND DETERMINATION WETLAND (1987 COE Wetlands Delineation Manual} Project/Site: Seven Pines , G Date: Applicant/Owner: Landmark Real Estate County: Pender Investigator: Rob Moul State: NC Do Normal Circumstances exist on the site? Yes No Community ID: Wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: (If needed, explain on reverse.) VEGETATION wnmiani Warn apec~es 1. Red Maple ~trawm Tree/Shrub maicator FAC Dominant Plant Species 9. Poison Ivey Stratum W Vine Indicato FACW 2. Loblolly bay Tree/Shrub FAC- 10. Smilax . W. Vine FAC 3. Black willow _ Shrub FACW 11. Catbriar W. Vine FAC 4. Fettabush Shrub FAC 12. 5. Bitter gallberry Shrub FAC 13. 6. Cinnamon fern G. Cover OBL 14. 7. Netted chain fern G. Cover OBL 15. 8. Royal fern G. Cover OBL 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) Remarks: -Recorded Data (Describe in Remarks): Stream,Lake, or Tide Gauge Aerial Photographs -Other X No Recorded Data Available Field Observations: Depth of Surface Water: Depth to,Free Water in Pit: Depth to Saturated Soil: - (in.) 12" (in.) 0 ~a~ l~ Wetland Hydrology Indicators: Primary Indicators Inundated -Saturated in Upper 12 Inches X Water Marks Drift Lines -Sediment Deposits X Drainage Patterns in Wetlands Secondary Indicators (2 or more required): -Oxidized Root Channels in Upper 12 inches X Water-Stained Leaves Local Soil Survey Data _FAC-Neutral Test -Other (Explain in Remarks} enn c -- -- - - °° rage c of C weLlanQ Map Unit Name (Series and Phase): Leon fine sand Drainage Class: Two/Three Field Observations Taxonomy (Subgroup): Aeric Haploquods Confirm Mapped Type? Y es No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon ~Munsell Moist) Abundance/Contrast Structure, etc. single grained; loose 0 - 6 A 10YR 4/1 - clear wa boundar single grained; loose 6 - 14 E 10YR 7/1 - - clear wavyboundar ~` massive; friable; 14 - 17 Bhi 5YR 2/1 - radual wa boundar massive; friable; 17 - 23 Bh2 5YR 3/3 few medium faint (5YR 2/1) clear irre ular boundar single grained; loose 23 - 30 E' 10YR 7/1 - __ rag dual w v boundar Hydric Soil Indicators: Histosol Concretions Histic Epipedon - X High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor -Organic Streaking in Sandy Soils _Aquic Moisture Regime X Listed on Local Hydric Soils List . X Reducing Conditions Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Hydrophytic Vegetation Present? es No (Circle) (Circle) Wetland Hydrology Present? (1'"es No Hydric Soils Present? es No Is this Sampling Point Within a Wetland? es No Remarks: Wetland line flagged in'pink/black ribbon. . ; _ _ _, _ Approved by HOUSACE 3/92 Applicant/Owner: Landmark Real Estate . 4000 Oleander Dr. Wilmington, NC Land Management Group, Inc. Post Office Box 2522 Wilmington, N.C. 28402 910 -452 -0001 DATA FORM ROUTINE WETLAND DETERP~AINATION UPLAND (1987 COE Wetlands Delineation Manual) Project/Site: Seven Pines C 1 VI G Date: Applicant/Owner: Landmark Real Estate County; Investigator: Rob Moul State: Do Normal Circumstances exist on the site? Yes No Community ID: Upland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: - Isthe area a potential Problem Area? Yes No Plot ID: - (If needed, explain on reverse.) VEGETATION Dominant Plant S ecies Stratum Indicator Dominant Plant Species Stratum Indicator 1. Loblolly pine Tree FAC 9. Horse sugar G. Cover FAC 2. Turkey oak Tree FACU 10. Grapevine W.Vine FAC 3. White oak Tree FACU 11. Bracken fern G. Cover FACU 4. American holly Shrub FAC- 12. Black cherry Shrub FACU 5. Dogwood Shrub FAC 13. Blackjack oak Shrub FACU 6. Sassafras G. Cover FACU 14. Pepperbush G. Cover FAC 7. Persimmon G. Cover FAC 15. 8. Honeysuckle W. Vine FACU 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-) 0.4 Remarks: HYDROLOGY Wetland Hydrology Indicators: -Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tid e Gauge Inundated -Aerial Photographs - -Saturated in Upper 12 Inches -Other Water Marks X No Recorded Data Available - -Drift Lines Sediment Deposits - Drainage Patterns in Wetlands Field Observations: - Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Depth of Surface Water: (in.) - Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: >12" (in.) - _FAC-Neutral Test Other (Explain in Remarks} Depth to Saturated Soil: > 12" (in.} - Remarks: SOILS Pro'ec Site: ~ Seven Pines - ~ - -~ • _ _ Map Unit Name (Series and Phase):- Autryville loamy sand Drainage Class: One Taxonomy (Subgroup):Arenic Paleudults Field Observations Confirm Mapped Type? Profile Description: Depth Matrix Color (inches) Horizon (Munsell Moist) 0 - 9 _ AP 10YR 4/1 9 - 25 E 10yr 6/4 25 - 39 Bt 10YR 5/8 Hydric Soil Indicators: Histosol Histic Epipedon _Sulfidic Odor Aqulc Moisture Regime -Reducing Conditions _Gleyed or Low-Chrome Colors Remarks: No wetland hydrology indicators seen on site. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes - (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes Remarks: Wetland line flagged in pink/black ribbon ApplicanUOwner:: • Landmark Real Estate 4000 Oleander Dr. Wilminton, NC Yes No Mottle Texture, Concretions, Abundance/Contrast Structure, etc. - weak fine granular • - structure;very friable weak medium granular - structure;very friable weak fine subangular - blocky structure; firm Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List _Listed on National Hydric Soils List -Other (Explain in Remarks) - (Circle) Is this Sampling Point Within a Wetland? Yes ~~ " .. . Approved by HQUSACE 3/92 Land Management Group, lnc. Post Office Box 2522 Wilmington, N.C. 28402 910 - 452 -0001 ~, e. 2 `1.' ~ - A 1^ P -t b f ~ ~~ 1 P _i r ~ ~ ~. !! ] e i~ G 5 ry T I n ~ t~ r. r. n~ r ~~ 9 __ h~ ~ I ~'` t ,+ _ ~ 1.:;. _Ca 'U' ~ S~!3Pltt, llFl-. ~ f, i.~i\,ti ~ Iii^d I Ilt ~ ~ c ~ 9 .,~ > ~~a~,i~-x~e~~,~~~ ~~n~~it~~~~ ~~~~ ~f~i~~ fox ~~~~ ~il.~~~g~~~~ i~~~~h ~~~~.~i~s~ ~~4f~~ - ~ ~~~ i WE ARE aENDdNG Y~t~ ~~ ~~ ~~! ~.T7ENTi~1N RE: 4'_J--I ~ ~ P`~la~ C] W~ti, ~~ps ~ ~~~ rr~~S ® Aerial phctu C7 Frmts C~ S~pti~ tank pE~r-~ d Environrr~eni~l reports ~ "~trf ~ ~1~ THEE ARE TRANS~vl~TTEC1 as ohea~~d ~e.c~~ C] ,E-t~~t ~pprov~.l 1~' Ear your use C~1 As re~ue~tec! ~ Ear r~iew Bind camme~-t REMARKS. Coy--, ~~ ~Y Tt~ ,~. -~ ~i~r~~ ~: I r ~ ~ -_._~ ae, _v.. . e { i s~.,lu~,, i.v~,. 4 . f ~ ~ ~ ~ ~!~ ~~ ;ya~~,r ;tie ~,~"%~11~~1 s : pus Pest #~-~~~~~ ~3cax X522 ~~~~i~~t~~~ ~~~~~ ~~~~~~n~ ~~~~2 ~ ~~i ~~~~-~a~c~ r ~ ~J l ~ uA r ~ ~~ ham. ~r- ~ _ ~ ~NYiON '~~~- ~ ~ f~ "C?'f ~~f ~~~1c' I FEE: - ~. i~ ~~~`~ ~~f~~i ~ ~~ L~ W~ita~d maps p Shit rn~ps ® Aerrai photo (~ Pants C~ Septic tank plans C1 Envirt~r;rr~ntal r~pc~rts ~...~-F`` ~~ u"~(~~t~ f~-~ ~,~ T~IE~: ~ ASE TR~NS~/il~7~D as checked aelaw ~ far ~pso~l !~`'"~ar your use l~ As re~uesteci Fer revi~r artici carnrnent C~ - --- i~~lortt~l~: r~ ` r~~~-c~ i~~T-~~ ~. ~~~ ~ ~~~~ ~_~ ~ I'S1,~~9 ~~,! '~ ~~i=Y j Ir o Ee. j 6,Eil ~~':Y "1'r;~'; 3'it ~~.~Fi~~ ~4~~ i ~i f,~ ~+m'Y'Ifw' ~Mr V~ ~~ L:Yllx ~ 3.1 b' l- . _ YJ =' i~ ~}f,~ k,,°.@. 1 Yp ~iwMl~1 4 /'~ 3~c71d /~ ~~~ I~W~, ~~~ u~d~z~s: nerd, h~~~by au~ha~~.ze z~nd A~~naS~~t~-~t Gzou~, Inc. ~s ag'~~t8 !off 404 we~.~~nds ~~rrr~.t w~~k cn ~l~e ~~vp~=ty ~If ~t~d i n t?~8 ~s~cl~$~~ pAi~xCd~~ 3p~liCa~icrra ?.Yanc: Manaq~m~~~ G~cau.pr I~~. ~thr~u~.d b~ cc~n~~c'~~d w~,th ~zsy gt~~sticn~ s~ga~~i ~.~ ~hi~ ~ae,~m~,t ~~aplic~-ti~n. r 1~e ~ e ~- 4 !~ ~ ~'~ Y~YI~I~IIY ~' ~"'~ - ~ ~ '~ ass ~~- 7 r~ ITt~-'0 1 i ~ t July ~G, 1~~ Regulatory ~r~snch St~.I~Gi: ~~atiranwide Permit ~+o. 1~ fir. Davis Carr Robert ~?. t'=caslee and Associates 513 C`hestnat Street S~ilr~ingtan, forth Cara3ina ~~4€~l Dear hir. Garr: tan July ? X33 I9g8, you raet with fir. Rugh H..eine caf my staff regarding your client, Per. Richard ~ryant's plans to develop the Seven Panes. sttbdivisi©n as an unnamed creek in the ~"opsail Township, Fender Co€rnty, North Carolina. T The purpose of this ansite meeting wasa to verify the previously flagged and surveyed €aet].ands. As a result of tatting several raeasure~s€~nts it appeared that the pl«t dated 3uly 14, I.9~$, satisfact~arily represented the Gorp's wetland jurisdiction. Alscs, the proposed roadway crossing is authcarized h,= nationwide perz~ft, 3f the canr~itions are met. Par the purposes of the Carps of Rngita.eers' Regulatory Program, Title 33, Cade of Federal I:egulations (CFR~, Part 33t3, Published ir, the Fed~:ral Register can ~avember ~.3, I9d5, lists AatiaA4~Ti~t', permits. Authorization was provided fear tltinar road crossing fills including a~.l attendant features, bath temporary and permanent, that are part of a single and complete project far crassinf; of a nan--tidal waterbody, provided that the crassi€aC is culvr:rtet, 2aridged ar att7erwise designed to prevent the restriction af, and to withstand expected high flaws and provided further that discharges into any ~aet3ands adjacent to the €aaterbad.y da not extend beyond 1CG feet an either side of the ordinary high dater track csf that waterbady. Your work is authorized by nationwide perrsit provided it is accomplished in Strict accordance with the enclosed car~ditic~ns. Please be aware that this authorization does not relieve ycau of the respazasit3ility to obtain a€tv requ3.red State car local approval. 1 f ~ l .~ ~~ yo=a save ~a.estie~ns, Tease ec~ntact fir. ~~e;rye, Regctlatary Sranch, telephone {~19} 3~3--~7~5. ~incere~y, ~r c ~haries k'. _#;ollis ~ Chief, ~.eg~slatary ~rsr~ch------ ~nelosure Copy furnished {*,~ithaut enclosure): Air. iJill~.ax~ ills Water C?crality Section. I~iuisian flf En~iranr~ental ~an$ge~erzC north Carolfna De}~ar[cnent of Natural R.escsurees anct Co~niCy ~e~elagaent Pa$t Office fax 27€87 Raleigh, North Caral.na 2761I-7687 ~ 1 ~ ~ '{'4`3_TF off`?' S vE;~' g. Amy discharge of dr~:ged car fill material will not occur ill the praximitZ= cif a public water supply. b. T•ne act:..=ity *~iII rat ~enpar~i~c a threat~~c~ ar enar~gered species as identified urger the endangered ~pacies Pict, car ded:ray €~r adversely modify the cu_ltura? habitat of such species, c. The activity will nc~t significantly disrupt the mavener~t of tir€~se species €sf aquatic life indigenous tc the ~aaterbady (unless the primary purpose o° the fill is to irpQUnd water). ~, Any discharge of dre~gad ar fill matt~rial gill consist of suitable material free from toxic palltatants. e, Any structure ar fill will be properly aaintained. f. A.n individunl Mate dater ualit certification u~ust ~ obtained or waived. ~onditiazrs ~f certification will be considered to be epeciaZ canditicrIIS of the Federal nationwide permit. g. The fallnx~ing c~anager~r~nt practices drill be followed to the usaximum pra.etical axCents (1) discharges czf dredged or fill material into waters of the United Mates gill 'ce avoidcd or sainimixed through the use of Qther practical alternatives. (2 ) ~i scharges in spa~~ing areas datrin~; spawning seas€~ns gill be avoided, (3) I};Lscharges will not restrict or impede the moveraEnt 4f. aquatic spades indigenous to the waters or file passage a€ n€sr~tal or expected high flows ar cause the relocation of the waters (unless the primary purpose of the fill is to i~rpound water). (4) If tt;e discharge creata5 an impoundment of water, adverse impacts on the aquatic system caused.. by the accelerated passage of water anc~/ar the rtstrictiac cif its flow ~~ill be mini.mired. (S) f}ischarge in wetland areas will ba avoided. (E_) ~.ea~ry equiprent werkin~ in zretlands caill be placed an mats. (7) l~ischar~;as into braedi?rg areas far migratory €~raterfowl caill be availed. (~) A.II temporary fi31s ~r~.ll he rem;~vpd in their entirety, _. - .:; _~ 1 f + ~ ~`~~_~~v ~~ ~~~~~~f~~~~ 5 ~- _ _ > ~4~1s' ~~ ~~~ ~ 1 ~~~ .~ ~,~,. RfGU1ATQRY BRANCH State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 5t2 North Salisbury Street ~ Raleigh, North Carolina X7611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Augu s t 5 , 19 8 8 Director Mr. Manley Davis Carr Robert H, Goslee & Associates 513 Chesnut Street Wilmington, NC 28401 Subject: Proposed Fill for Minor Road Crossing Seven Pines Subdivision - Topsail Area Pender County Dear Mr. Carr: Upon review of your request for Water Quality Certification to place fill in waters and/or wetlands in a freshwater tributary to Old Topsail Creek, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2177 issued November 4, 1987. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 14. If you have any questions, please contact Bill Mills at 919/733-5083, Sincerely, ~~~ ;R, Paul Wilms RPW/dkb Attachment cc: Wilmington District'Corps of Engineers. Wilmington Regional Office Pollution Prercntior. Pais P.t7. FSox ~76b', Raleigh, Norh Carolina ?7611-7687 Telephone 919-73~-70I5 Ar. Eq~a! `Ippor*~niR' ,4flirmarive Action Ern plover -. ~ ~ e '. GENERAL CERTIFICATION THIS GENERAL CERTIFICATION is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15NCAC2H, Section .0500 for the discharge of fill material to navigable waters or adjacent wetlands areas, occurring as a result of minor road crossing fills as described in 33 CFR 330.5(a)(14) of the Corps of Engineers' regulations. This category of activity shall include all road crossing fills and attendant-features both temporary and permanent that involve the discharge of less than 200 cubic yards of material belpw the plane of ordinary or mean high water as part of a single and complete crossing of a water body. The State of North Carolina certifies that the specified category of activity will not violate Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. That all road crossings be culverted or bridged to prevent the restriction of normal flow of the water body as a result of the discharge; 2. Excluded from this General Certification are discharges of fill in waters classified WS I, II, or III (public water supplies) and SA (shellfish waters). This exclusion also applies to fill in wetlands adjacent to these waters. Discharge proposed for these waters or wetlands must be considered for certification on a case-by-case basis; 3. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; 'f ~ N i - 2 - 4, That established erosion control practices are utilized to prevent excessive increases in turbidity and settleable solids concentrations in the water body as a result of the discharge. 5. That the discharge of fill material shall be in accordance with the conditions and management practices specified by the Corps of Engineers in 33 CFR 330,5 and 330.6 for nationwide permit number 14. Non-compliance with or violation of the conditions herein set forth by a specific road fill project shall result in revocation of this Certification for the project. The Director of the North Carolina Division of Environmental Management may require submission of a formal application for certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses are precluded. Public Hearings may be held for specific applications or group of applications prior to Certification if deemed in the public's best interest by the Director of the North Carolina Division of Environmental Management. t This the ~ ~' day of ~~.~ ~~-~ ~~ DIVISION OED ENVIRbI~MENT~th M,~NAGEMENT - <.~ f- ~_ ~ ~ ~ - := R. Paul Wilms, Director