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HomeMy WebLinkAbout20072046 Ver 4_Individual Application_20160303APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT Privacy Act Statement Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit. Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPL. COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) Funston Land & Timber LLC Kim Williams c/o Mr. Jeff Earp Land Management Group, Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 1007 Evangeline Drive Land Management Group, Inc. Leland, NC 28451 3805 Wrightsville Ave. Suite 15 Wilmington, N.C. 28403 7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE a. Business (910) 383-1425 (910) 452-0001 (phone) b. Fax (910) 452-0060 (fax) 11 STATEMENT OF AUTHORIZATION I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SEE ATTACHED FORM APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE — Brunswick Forest 13. NAME OF WATERBODY, IF KNOWN (if applicable) N/A 15. LOCATION OF PROJECT Brunswick North Carolina COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN Tax Parcel ID Number: 05800007 14. PROJECT STREET ADDRESS (if applicable) Off of Hwy 17 Leland, NC 17. DIRECTIONS TO THE SITE From Wilmington, take Hwy 74W/76W/17S into Leland. Follow Hwy 17 S at split. Brunswick Forest will be on ur left (see vicinitv ma 18. NATURE OF ACTIVITY (Description of project, include all features) - The applicant proposes to continue construction of the planned -unit residential development in Leland, NC. Wetland/stream impacts associated with road crossings and an RPW impact associated with lot development is requested (See Project Narrative). 19. PROJECT PURPOSE (Describe the reason or purpose of the project) - The purpose of the project is to continue construction of the planned -unit residential development in Leland, NC. The next phases of development include Phases 7, 8 and 9 as well as completing Phases 3 and 5. In order to access uplands within these phases, six wetland and/or stream crossings are needed. Additionally, a section of a jurisdictional ditch would be filled for lot development. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE — To provide access to uplands within the site and for lot development (See Project Narrative). 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS — Clean, compacted sub -grade soil materials, clean ABC aggregate, pavement etc. 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED Proposed impacts are 0.311 acres of 404 wetlands, 174 LF of stream (115 LF new and 59 LF existing culvert to be replaced), and 0.03 acre of an RPW. 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? IF YES, DESCRIBE THE COMPLETED WORK Several phases of the subdivision have been installed. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY see attached sheet 25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am actjncq as the duly authorized agent of the applicant. .� z9 z v1,� I SIGNATURE OF APPLICANT .x_1199 18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. GLARENDON ROAD EXT. PHASE 8 and 9 BRUNSWICK FOREST Il IMPACT AREA #12 30' 15' 0 30' SCALE IN FEET 1" = 30 FT. 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FT. \ WETLAND IMPACT # 12 0.01 Ac. \ CROSS SECTION VIEW \ vop,5 [I///// / CMP 116.6 \ SEAL -_ 36 C P vv RIP s 6" P vvvv \ 383 _ vv 36" CMP \ YU SUR`J ♦ vvvvvvvvvvvvvvvvvvvvvvvvvvv \ ° v°v°vvvvvvvvvvvvvvvoovvvvvvvv vvv°°° EXISTING'°°°° \ ° ° ovv ovo vv o vvvvvvav 0 0 ° v v°v °' ° v v°v v v —RAP V'RIP—RAP ° ? z7 206 —RAP �9 v0000v �vvvo vvv /_�/,^�� / 000vvoo. �..��..��... voov000 Ua \ �s \ P \ \ q�Oq \\ � s�OB�s� \ PROPOSED ��� �s� \ \ °F�q RIP—RAP WETLANDS WETLANDS X t1� Z O 70 O D O IMPACT PRELIMINARY PLAN NOT FOR RECORDATION OR CONVEYANCE i�il•BO©�a� \ \ 3 \ g \ \ 02 dl. o � \� R OSED CU E �o •0 \ f \\ T SIZE D TY E TO DET MINED v RIP -RAP v \ \ RIP -RAP \ INV. \ \6.6' STANDARD OUTLET PROTECTION \ q q WETLANDS IMPACT AREA \<< 591 SQ. FT. \ WETLAND IMPACT # 12 0.01 Ac. \ CROSS SECTION VIEW \ vop,5 [I///// / CMP 116.6 \ SEAL -_ 36 C P vv RIP s 6" P vvvv \ 383 _ vv 36" CMP \ YU SUR`J ♦ vvvvvvvvvvvvvvvvvvvvvvvvvvv \ ° v°v°vvvvvvvvvvvvvvvoovvvvvvvv vvv°°° EXISTING'°°°° \ ° ° ovv ovo vv o vvvvvvav 0 0 ° v v°v °' ° v v°v v v —RAP V'RIP—RAP ° ? z7 206 —RAP �9 v0000v �vvvo vvv /_�/,^�� / 000vvoo. �..��..��... voov000 Ua \ �s \ P \ \ q�Oq \\ � s�OB�s� \ PROPOSED ��� �s� \ \ °F�q RIP—RAP WETLANDS WETLANDS X t1� Z O 70 O D O IMPACT PRELIMINARY PLAN NOT FOR RECORDATION OR CONVEYANCE BRUNSWICK VILLAGE BLVD. PHASE 7 J1� IF BRUNSWICK FOREST IMPACT AREA #13 30' 15' 0 30' SCALE IN FEET 1" - 30 FT. p��N • �AR�I -GESS%�• �� _ •Q� SEAL ti9�'-v . <9L-3830 WETLANDS IMPACT AREA SUR41 '. ' 1168 SQ. FT. 0.03 Ac. WETLANDWETLAND IMPACT #13 CROSS SECTION VIEW I � OSED WA` ` NEAD i 0 PRov WP 1 NEPD _V1. �� ie o�nMcic to w e5o MA Ro oN 4e. �-�M Pa EMBANKhOrr •waw • Is• Ir r tlrx p•1 M s,'E RCP W ALL u 1 1 1 NL t Id 1 u ar IY• wL ae• ao• IB r r V 14" tnA xalauw a a• a u �Ie• � wAL47- i u i is. /� �I I� aaamw a.eer OP • etw:�•• m Iw aso M.x .•� oMREQd STONE/\ IIO1F: R1ER v .AW NL we s m t.1 u• ttl Ir r r 1• nen lnac OUTLET PROTECTION and IWN tr tIr IB r 1• m N. *'"wusaE NcaD1 wN eo.l ROCK STABILIZATION APRON Pam a NTS SIDE VIEW 9TAeruAlpM NFW4 nR A wr1.Y u• aF IIfLINkD A4 4pYN w R.VL 9' w /011.1 mw NTS STANDARD OUTLET PROTECTION PROPOSED CUL VER T SIZE AND TYPE TO BE DETERMINED FolF 5 gP `G���� oF�P RpepS�° 5 °F / / / / / / / / i ELIM ARY PLAN NO OR R ORDATION OR CONVEY CE moi' 4_ ► 0% HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS ENGINEERS LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE: (910) 343-8002 FAX. • (910) 343-9941 HDS LICENSE # C-0597 (� GLARENDON ROAD EXT. PHASE 9 BRUNSWICK FOREST II Z \ \ IMPACT AREA #14 \ \ y �PoomE, w ,so Me Ra e'aN pALL lER le' 1a' a' tlr% XPi ~ 7W 'p RCF W Ali ar +a' 1a' r r t' 7 \ ALL sr le' te' r e• 1. 7 N. iSr�+V Ir Amu u- m' m' r r 1' 1 aa' 20' 30' r e' +' 13" OOP o•grw�x�W P• IIr Ia' ae'x Aa+ox NO 'a 'm A.uaex�Au s1Omc \ l+ell L IC to + a1111FT gpIECIM OUTLET PROTECTION and Tr1e1 Ir lo• la• r r /• , tecaox +eeAR eaml ROCK STABILIZATION APRON e�gyEu, PoLTPRopnm at loUNN211T \ NTS pauncr FRmrcmR: 2) W (aq SIDE VIEW J \ Aatlf STAotlRAMH APRO/5 iM A A"tlYUAI Q` aF AEp.+flFD AS 9pM11 RI P+AII. Z•WI. 60rin/ NIaM NTS W J Q STANDARD OUTLET PROTECTION a = ^ 1 WETLANDS IMPACT AREA 556 SQ. FT. 0.01 Ac. 18 - 0 o 1X> Exp$ vvo� vvvv vvvv� RIP—RAP v� WETLAND IMPACT # 14 �I CROSS SECTION VIEW o A = c � m 0 D �vv vv+ v vvl WETLANDS PACT AR� 837 SQ. FT. .02 Ac. W�, PROPOSED CUL VER T SIZE AND TYPE TO BE DETERMINED \A CA /yo, � ..•�Essioti.�2� SEAL 9< L-3830 _E y J. ;Ile G��'�U, WETLANDS WETLANDS A IMPACT 3 R%—RAP � o n T n v000v0000v000 v v v v v v v v v v v v vv aD D o vvv°vvvvvvvvvvvvvvvvvv v v vv j °°°°°v EXISTING'"""°`vv PROPOSED (n vvvvvv "v vvvvvv vvvvvv• vvvvvv" vvv°°aTRIP—RAP v,v vvvvvv RIP—RAP D """"""�•,�,•••• •vvvvvv" r x 30' 15' 0 30' SCALE IN FEET HANOVER DESIGN SERVICES, I„ = 30 FT LAND SURVEYORS ENGINEERS LAND PLANN BRUNSWICK FOREST PARKWAY PHASE 9 BRUNSWICK FOREST II IMPACT AREA #1 50' 25' 0 50' SCALE IN FEET 1" = 50 FT. Z SIDEWALK \ \ AREA 4 S �- r WETLANDS IMPACT' A A / 31SQ. FT. 0. \ 0.07 Ac. ''II uaamoxpo. safe OP 4r oexaau,] ,a' ,a tla•x �"+ " s, ]E K RCP w NL 'l 1a• 1a' T /• 1 ] A0. aS• 1a• 1a' r r 1' ] ter. Au na• az Ia r r , u• a u•• awls' AN`u, x m' in r• S• i n m. OP 0. 5 Z1XL � a ly azo n,A A0.I "" Na1L iILilll fASW IS M tNN u' 1r ,a• r r +• ae RACED vku I m naNE OUTLET PROTECTION and Tm Ir +V la' r r +' m AM OIINE] RNnEC110N. use NwsEaN IIwAE+ eoox ROCK STABILIZATION APRON mvpRwmjm as �xen NTS r Duncr PaorzcrNwa y—,S—,(av SIDE VIEW aaar sdauunax APacws Ina A-1— AS saEN QI PINI Y ,+N S011nV MIDDI NTS STANDARD OUTLET PROTECTION STREAM\WETLAND IMPACT # 15 CROSS SECTION VIEW _ 66 LF TOTAL LENGTH OF IMPACT f z 80' R/W Z Z aQ 36' w� z i ** 1.5" S9.5A *w 8" ABC �_ 3 I 9' ASPHAJ.T BASE COURSE II 8' 14' 1 \ / 1 12' II 5' 4' I EXISTING GRADE SIDEWALK WETLANDS AREA FILL AREA FILL AREA EXISTING GRADE 80' R/W BRUNSWICK FOREST PARKWAY WETLANDS AREA NOT TO SCALE 'P5ED CUL RT AND TYPE T E DE WETLANDS IMPACT 1,1,1 � ' • � � � =1=1 "� j 'IN, L�� - - �� PRELIMINARY PLAN NOT FOR RECORDATION OR CONVEYANCE HANO VER DESIGN SERVICES, P.A. LAND SURVEYORS ENGINEERS LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE (910) 343-8002 FAX: (910) 343-9941 HDS LICENSE # C-0597 SAXON MEADOW DRIVE PHASE 5 BRUNSWICK FOREST II � IMPACT AREA #16 S 30' 15' 0 30' SCALE IN FEET 1 " = `30 FT. 3' EXISTING GRADE WETLANDS AREA STREAM\WETLAND IMPACT # 16 CROSS CROSS SECTION VIEW SIDEWALK FILL AREA FILL AREA 50'RAN SAXON MEADOW DRIVE NOT TO SCALE SIDEWALK EXISTING GRADE WETLANDS AREA Ls I� RCP W �e' � u rrP.-m• OP OUTLET PROTECTION and ROCK STABILIZATION APRON NTS WETLANDS IMPACT AREA 2165 SQ. FT. 0.05 Ac. �m©MEMS 50 LF TOTAL LENGTH OF IMPACT 50 R/W 50 3 Z aN 24' ZN W d C)10.. ** 1.5" S9.5A ** 8" ABC � 0. 3 S I I 5' 14' I ASPHAk BASE COURSE \ / 14' I s' II 5-1 SIDEWALK FILL AREA FILL AREA 50'RAN SAXON MEADOW DRIVE NOT TO SCALE SIDEWALK EXISTING GRADE WETLANDS AREA Ls I� RCP W �e' � u rrP.-m• OP OUTLET PROTECTION and ROCK STABILIZATION APRON NTS WETLANDS IMPACT AREA 2165 SQ. FT. 0.05 Ac. �m©MEMS �DOBaaE"�^• 4w Na }ar Nott rrrzR nese s m a ru® uNom �u sure wcT ,vo auncr PRonciwN. Ma*RaPnPROM YAM some Pane. aR couvi'arT SIDE VIEW NTS STANDARD OUTLET PROTECTION PROPOSED LUERT SIZE AND TO BE D I NED s �<v ' WETLANDS / IMPACT / O /o� PROPOSEDXX> T J, RIP—RAP WETLANDS Jm� 0— Q �o PRELI M I NARY PL r NOT FOR RECORDATION OR CON E NCE HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS ENGINEERS LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE (910) 343-8002 FAX: (910) 343-9941 HDS LICENSE # C-0597 STREET A LOOP ROAD --- PHASE ADPHASE 9 BRUNSWICK FOREST Il IMPACT AREA #17 30' 15' 0 30' SCALE IN FEET 1 " = `30 FT. 0\\�lIIIIIIII,� \A CAROB /// // ��. E'ss'/oti.l�, Q� -7SEAL 9< L-3830 - tiSu0-. �itua�� 27, 2L STREAM\WETLAND IMPACT # 17 CROSS SECTION VIEW WETLANDS IMPACT AREA 847 SQ. FT. 0.02 Ac. / Q / co / / / WETLANDS IMPACT AREA / 1 SQ. FT. / 0.00 Ac. RCP W SI'�RP Rap -1C 1 N' t OP' IYp-1S } OP OUTLET PROTECTION and ROCK STABILIZATION APRON NTS PROPIVSED NL VER T BIZ AND TYPN TO/! 1 WiIET PRJffCI1M ! 1) SA aaa sr�Rur�fxw �vxuvs rue � xcanun �s sromi w a.w. z• ux STANDARD OUTLA E DETF�MINED T PRi&TECTION ® 9aa NaralM far �I I aEElYmal AatN� 7mh SIDE WETLANDS PRELIMINARY PLAt4---, IMPACT I NOT FOR RECORDATION OR CONVEYANCE HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS ENGINEERS LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE (910) 343-8002 FAX: (910) 343-9941 HDS LICENSE # C-0597 DITCH "RPW'9 FILL PHASE 3, SEC. 3 1'�•i IMPACT AREA #18 200' 100' 0 200' SCALE /N FEET 1. = 200 FT. Q� &O O U 2 �•Q�ckEssio�gl7,v� SEAL <9L-3830 4 5, SuRlrll J. f����`(/. ITQ�rua�� 27 2016 BEGIN PO -E SFR V&Tl ON Erl, _ 0%" OF PHASE 3 DWR PROJECT # 07-2046v3 NOVEMBER 10, 2014 PRELIMINARY PLAN NOT FOR RECORDATION OR CONVEYANCE W W W W W W i W Y W W W W W i W Y W 1300' OF RPW TO BE FILLED 1908' OF proposed pipe HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS ENGINEERS LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE. (910) 343-8002 u FAX. (910) 343-9941 HDS LICENSE f C-0597 ( J PROJECT NARRATIVE November 2015; Revised January 2016 Brunswick Forest Brunswick County, NC Action ID# SAW -2007-00530 DWQ Project # 07-2046 INTRODUCTION Funston Land and Timber LLC proposes to continue the development of Brunswick Forest, a planned -unit development located off of Highway 17 in Leland, NC. The project area is located within the Lower Cape Fear River Basin and is approximately 4,500 acres in size. Several phases of the subdivision have been completed and currently support single-family lots, multi -family units, commercial development off of Highway 17, and amenities. The next phases of development include residential Phases 7, 8 and 9 as well as completing Phases 3 and 5. In order to access uplands within these phases, six additional wetland and/or stream crossings are needed. Additionally, a section of a jurisdictional ditch would be filled for lot development. Proposed impacts are 0.311 acres of 404 wetlands, 174 LF of stream (115 LF is new and 59 LF is existing culvert to be replaced), and 0.03 acre of an RPW. Note that 0.268 acres of wetland impact, 262 LF of stream impact, and 0.19 acre of RPW impact have already been authorized in previous phases of development. Because of the cumulative impact acreage that has occurred throughout the site, this most recent request for impacts will require an Individual Permit from the US Army Corps of Engineers (USACE). EXISTING CONDITIONS The 4,500 -acre site is located in Brunswick County, off of Highway 17 in Leland, NC (Figures 1 & 2). Much of this site was previously a pine plantation. In the early 2000's, Funston Land and Timber began developing the site as a planned -unit development. Several phases of the subdivision have been completed. Approximately 1,900 acres of the site has been developed or is planned as residential, with over 9,000 units (includes single-family, duplex, and townhomes). The site also supports amenities including an 18 -hole golf course (Cape Fear National Golf Course), 745 acres of passive open space, 62 acres of active open space (parks), and trails. Furthermore, 150 acres off of Highway 17 is zoned commercial and an additional 200 acres is proposed commercial within the Brunswick Forest PUD. The existing roadway system totals around 25.5 miles of roads and another 25 miles is anticipated prior to build -out. A site delineation of 404 wetlands was performed by Land Management Group, Inc. USACE approval of the wetland delineation has occurred under three separate Jurisdictional Determinations (Action ID# SAW -2007-00530). Phases 1, 2, 4, 6, and 7 were most recently approved by Ms. Liz Hair of the USACE on June 29, 2015 (Appendix A). Phases 3 and 5 were approved on the same day, but shown on a separate survey. The area located west of the railroad tract was approved on March 11, 2015. The entire site contains approximately 1,200 acres of 404 wetlands. Several blue -line streams run through the property: Mallory Creek, an unnamed tributary (UT) of Mallory Creek, and a UT of Piney Branch extend into the eastern part of the site. Another UT of Mallory Creek forms part of the eastern property boundary. Goodland Branch and two UT's of Morgan Branch extend into the western part of the site. Goodland Branch flows into Town Creek, which forms part of the southern boundary of the tract. Finally, Little Mallory Creek forms another section of the southern property boundary. All named streams are classified as C; Swamp Waters by the Division of Water Resources. The C classification is given to waters that are protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. This classification has no restrictions on watershed development or types of discharges. The Swamp Waters designation is a supplemental classification intended to recognize those waters that generally have naturally occurring very low velocities, low pH and low dissolved oxygen. No specific restrictions on development are involved. Note that LMG staff met with Chad Coburn with NC Division of Water Resources on site to review the proposed impact areas and determine if streams existed in these locations. Streams were identified at three locations (Appendix B). Undeveloped uplands within the site support mostly loblolly pine (Pinus taeda), as most of the site was previously a pine plantation. A mix of sweetgum (Liquidambar styraciflua), water oak (Quercus nigra), red maple (Acer rubrum), and gallberry (Ilex glabra) is also present in the shrub layer. 2 Tidal cypress gum habitat is located in the southwestern part of the tract adjacent to Town Creek and Goodland Branch. This area supports predominantly bald cypress (Taxodium distichum), black gum (Nyssa biflora), water oak, and red maple trees and shrubs. Several riparian wetland fingers branch off of the main creeks and support black gum (Nyssa sylvatica), red maple, pond pine (P. serotina), gallberry, titi (Cyrilla racemiflora), Virginia chain fern (Woodwardia virginica), and catbrier (Smilax rotundifolia). Other wetlands within the site can be classified as wet pine flatwoods and support a mix of red maple, loblolly pine, sweetgum, wax myrtle, titi, red bay (Persea borbonia), gallberry, and fetterbush (Lyonia lucida). According to the Brunswick County Generalized Soil Survey, uplands within the site are classified as mostly Baymeade fine sand, Foreston loamy fine sand, Goldsboro fine sandy loam, Leon fine sand, and Norfolk loamy fine sand (Figure 3). Wetlands are shown predominantly as Dorovan muck and Muckalee loam along the drainage ways, with Pantego mucky loam, Murville mucky fine sand, Rains fine sandy loam, and Torhunta mucky fine sandy loam within some of the pine flats. Surrounding land use is mostly residential or undeveloped and forested. Some commercial use is located directly off of Highway 17 to the north. Previous land use within the site was silviculture and there are several dirt logging roads located throughout undeveloped sections of the tract (Figure 4). Land Use Zoning and Classification The property is zoned PUD by the Town of Leland. The PUD planned unit development district is established for the purpose of permitting greater flexibility than would normally be allowed in a particular residential district in the area, yard, space, height and density requirements for construction and development of residential areas, and to promote and encourage more creative and imaginative site planning and design than would be possible if such construction and development were in strict compliance with the requirements for the particular district. It is further the purpose of this district to promote more economical and efficient use of land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of the natural scenic qualities of open space. 3 The Town of Leland CAMA Land Use Plan Update (2011) uses four different future land use classifications for the tract. The 'Controlled Growth' and 'Very Low Intensity' classifications are given to the majority of the site. The 'Intended Growth' classification is used for the commercial area directly adjacent to Highway 17. The 'Preserved Open Space' classification is given to areas along major tributaries through the site. Below is a description of each classification. Controlled growth sector. This planning sector includes more dense, mixed use development with neighborhood centers and suburban, residential development characterized by traditional, walkable neighborhoods. Land in this sector is close to thoroughfare network and at key cross -road locations. It has utility services close -at -hand. Appropriate land uses and development types in the sector: traditional neighborhood development, neighborhood centers, single-family and multifamily residential development, neighborhood -serving commercial uses (office and retail), civic uses, limited industrial uses. Very low intensity sector. This planning sector includes land that has the lowest potential for development as a result of the limitations or risks associated with natural system or the difficulty of providing public infrastructure and services. For the planning horizon, these areas should remain in a predominantly rural state. Land resources included in this sector: substantial wetlands, flood zones A, AE, and X500 (100 and 500 -year flood zones), areas designated as least suitable on the Land suitability analysis map. Appropriate land uses and development types in the sector: conservation areas, parks and greenway systems, agriculture and forestry, limited civic uses, such as schools, very low density residential development on large individual lots (typically 5 ac. gross) or in clusters. Intended growth sector. This planning sector is located along the US 17 corridor, where transportation access and public utility services are readily available. It is intended for higher intensity regional center developments that accommodate the widest range of land use and development types. Planning for this sector includes land along high-capacity regional arterials, at major transportation nodes, and along portions of highly traveled corridors. Appropriate land uses and development types in the sector: single-family and multifamily residential, neighborhood serving E commercial uses, civic uses, traditional neighborhood developments, neighborhood centers, Regional centers, Industrial districts. Preserved open space sector. This planning sector includes the community's basic green space, which provides protection of water quality and sensitive natural systems, preserves critical wildlife habitat, provides protection from flooding, and provides needed recreation and green space for the community's residents. A search of the North Carolina Natural Heritage Program database was conducted to determine whether any state or federally listed rare species have previously been observed within or near the project area. This search found that two natural areas exist within the southwestern part of the site: the Town Creek Marshes and Swamp Natural Area and the Town Creek Aquatic Habitat Natural Area. Additionally, two state -listed species have been identified within the site. The blackbanded sunfish (Enneacanthus chaetodon), last observed in 1962, and the hop -like sedge (Carex lupuliformis), last observed in 2000. The hop -like sedge was observed in the Town Creek Marshes and Swamp Natural Area located in the southwestern part of the site. Table 1. Federally -listed endangered and threatened species known to occur in Brunswick County, NC, excluding coastal and marine species. Common Name Scientific Name Status Animals American alligator Alligator mississippiensis T(S/A) Bald eagle Halieetus leucocephalus T Red -cockaded woodpecker Picoides borealis E Shortnose sturgeon Acipenser brevirostrum E Wood stork Mycteria americana E Plants Cooley's meadowrue Tholictrum cooleyi E Rough -leaf loosestrife Lysimachia asperulaefolia E KEY: Status Endangered Definition A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) Threatened due to similarity of appearance - a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. PREVIOUS PERMITTING HISTORY Brunswick Forest has obtained several Nationwide Permits and 401 Water Quality Certifications in the past for road crossings and ditch fill in previous phases of development (Table 2). In 2005, the applicant notified the USACE, in accordance with a Non -notifying Nationwide 39 Permit, of 1,000 sf of Waters of the US impact for two road crossings in Phase 1. These crossings were constructed and it was determined that actual impacts were 4,300 sf. In addition, two old culverts were replaced with bottomless culverts in 2006. Impacts were temporary and no permit was obtained. In 2008, the applicant received a NWP 29 and 401 WQC for a total of 0.33 ac of wetland impact (including previous Waters impacts) and 262 LF of stream impact for several road crossings within Phases 3 and 5. In 2010, a boat ramp was authorized under a CAMA Major Permit that provided access into Town Creek. Another NWP 29 was issued in 2014 (401 WQC issued in 2013) that authorized 0.04 acre of wetland impacts in Phase 1. Also in 2014, a NWP 29 was issued for 0.09 acre of RPW impact for lot development. Table 2 summarizes these permits and impacts. Note that all mitigation requirements have been met. Appendix C contains a copy of these permits. Table 2. List of previous permits obtained for Brunswick Forest. Date Permit Type Phase Purpose Wetland Stream RPW Mitigation Impact (Ac) Impact (LF) Impact (Ac) Required 6 No- Road 2005 Notification 1 0.05 ac None Crossing 39 No- Road 2005 Notification 1 0.05 ac None Crossing 39 Payment to 2008/ NWP 29 Road EEP (1:1); 3 & 5 0.228 262 2009 401 WQC Crossings On -Site Preservation CAMA Major River 2010 NWP 36 Boat Ramp 41 sf None Club GC 3687 NWP 29 Road Payment to 2013/2014 1 0.040 401 WQC Crossing LCFUMB 6 Date Permit Type Phase Purpose Wetland Stream RPW Mitigation Date Permit Typ Impact (Ac) Impact (LF) Impact (Ac) Required (1:1) NWP 29 Payment to 2014 401 WQC 3 Lot Fill 0.09 LCFUMB (1:1) TOTAL 0.268 262 0.19 111:T1ollli: F_I►117►14101 The applicant's purpose and need is to continue the development an economically viable planned unit development within Brunswick Forest. Brunswick Forest is centrally located in Brunswick County (Leland) and provides convenient access to Wilmington, Southport, and the Brunswick County beaches. The target population of this subdivision is people employed in Leland, Wilmington, Shallotte, and Southport and people retiring to this area. ALTERNATIVES ANALYSIS The alternatives evaluated include a no -action alternative, an on-site alternative site layout, and the preferred project. No -Action Alternative The no -action alternative would keep the remainder of the site in its current, undeveloped condition and would prohibit the applicant from expanding the planned unit development on this site. The no -action alternative is not considered feasible for several reasons. The Town of Leland is experiencing rapid growth. The site is centrally located off of Highway 17 and provides convenient access to Wilmington and the Brunswick County beaches. Additionally, the site has road and utility infrastructure from its previously developed phases and it is economically logical to expand the infrastructure into currently undeveloped uplands within the site. Because existing forestry roads are not wide enough to meet NC DOT requirements and would pose a safety hazard to area residents, utilizing existing roads in their current condition is not possible. Therefore, the no -action alternative would leave hundreds of acres of valuable uplands undeveloped. The inability to expand development within this tract of land would be a significant loss of return for the applicant and a loss of housing for the community. 7 Alternate Sites Because this is a continuation of an existing development and the applicant already owns the property, no off site alternatives were explored. On-site Alternatives One on-site alternative that was evaluated would access uplands within the site by bridging the wetland and stream crossings. In general, bridges are not considered to be an impact by the USACE and DWR and could provide a mechanism to reduce wetland and stream disturbance within the tract. However, because this site was previously used for timber cultivation, there are many old dirt roads throughout the tract. The applicant has planned the development around these existing roads and four of the proposed six crossings are road widenings. The applicant did evaluate whether one of the new crossings that would impact an intermittent stream (Impact Area 16; Figure 10) could be bridged. However, because of the cost to construct a bridge, this alternative was not considered feasible. Preferred Project The preferred project consists of developing Phases 7, 8 and 9 as well as completing Phases 3 and 5. These phases include single-family and multi -family development. The proposed project will also consist of roadway grading and paving, the installation of water main services, and the installation of stormwater and wastewater collection systems. Roads for the project will be constructed to NCDOT standards. Most of the roads will be public. Water and sewer utilities will tie into the Town of Leland system. All stormwater will be collected via a storm drain piping system. Note that the applicant does not have any foreseeable plans for Phase 4. Therefore, it is not included in this application. Accessing uplands within the site will require crossing wetlands and/or streams in six locations (Figures 6-11). Culverts will be installed at the wetland/stream crossings. Right -of -Way (ROW) widths for roads within the subdivision are based on the expected traffic counts. The roads that lead up to Hwy 17 and some of the intermediate collector roads have an 80' ROW, which translates into a 36' 8 wide road. The 50' and 60' ROWs are for roads that are deeper into the subdivision and are expected to handle less traffic. These roads will be 24' wide. Based on discussions with the USACE and DWR, the applicant has reduced wetland and stream impacts at these crossings by eliminating upstream rip rap and by bringing the sidewalk to four feet behind the back of curb (Town of Leland minimum). Headwalls will also be used. Downstream rip rap will be the minimum needed to prevent scouring at the outfall of the culvert. Utilities will be placed within the road right-of-way throughout most of the tract. Additionally, a section of a jurisdictional ditch RPW) in Phase 3 will also be filled for lot development (Figure 12). Note that another section of this RPW was previously filled per a NWP issued in 2014. This ditch was originally not considered jurisdictional by the USACE. However, the most recent JD for Phase 3 classified the ditch as jurisdictional. The applicant developed a site plan for Phase 3 under the old JD, which planned to reroute the ditch. A great deal of time and money went into this site plan and it is not economically feasible to redesign it at this point. Furthermore, this ditch is not considered a high quality resource. The new conveyance will be piped. The number of lots planned within the tract is based on the price of the tract, development costs, and the applicants' anticipated profit margin. The estimated development costs for the proposed project is consistent with similar sized projects in North Carolina. The site development and building construction costs are reflective of the current market. The size of the project is such that a reasonable return on investments can be achieved relative to the cost of the land and the cost of construction. POTENTIAL ENVIRONMENTAL IMPACTS The newest phases of development would impact 0.311 acres of wetlands, 174 linear feet of stream, and 0.03 acre of a jurisdictional RPW (Figures 5-12). Note that of the 174 LF of stream impact, 59 LF have existing roads on them and are currently culverted (Figures 9 and 11) and 115 LF are new impacts. Previous phases of development have impacted 0.268 acres of wetlands, 262 LF of stream, and 0.19 acre of RPW. Secondary impacts to wetlands and water quality could occur during and after construction of the project through erosion and stormwater runoff. These potential impacts will be E minimized by the development and implementation of a Stormwater Plan and a Sedimentation and Erosion Control Plan. These plans will reduce the potential for erosion or runoff into wetlands and other water bodies located off site. MITIGATION The applicant has attempted to minimize wetland and stream impacts as much as possible. Wetland and stream impacts are needed for road crossings to be used in order to gain access to uplands located throughout the tract. Proposed road crossings are at narrow points along the wetlands and, in most cases, where old logging roads currently exist. At these crossings, rip rap has been minimized, sidewalks have been brought closer to the roads, and headwalls will be used. To mitigate for proposed wetland and stream impacts, the applicant proposes to buy into the Lower Cape Fear Umbrella Mitigation Bank for the restoration of streams and wetlands within the Lower Cape Fear River Basin. 10 Strickland, Bev From:Burdette, Jennifer a Sent:Thursday, March 03, 2016 10:58 AM To:Montalvo, Sheri A; Strickland, Bev Subject:FW: Brunswick Forest IP application; Action ID# 2007-00530 Attachments:January 29 2016-wetlands crossings.pdf; Brunswick Forest IP form rev 1-16.pdf; Project Narrative rev 1-16.pdf For you when the paper copies land on one of your desks. Thanks, Jen Jennifer Burdette 401/Buffer Coordinator Division of Water Resources - 401 & Buffer Permitting Branch Department of Environmental Quality 919 807 6364 office jennifer.burdette@ncdenr.gov 1617 Mail Service Center Raleigh, NC 27699-1617 th (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9 Flr Archdale Bldg – Room 942F) Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kim Williams \[mailto:kwilliams@lmgroup.net\] Sent: Wednesday, March 02, 2016 10:12 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Burdette, Jennifer a <Jennifer.Burdette@ncdenr.gov>; Govoni, Daniel <daniel.govoni@ncdenr.gov> Subject: FW: Brunswick Forest IP application; Action ID# 2007-00530 Hi Chad, Jennifer, and Daniel As you know, I submitted an IP application for Brunswick Forest a couple of months ago. John Policarpo with the USACE requested a few changes to the Brunswick Forest site plan via email (see below) prior to putting it out on Public Notice. These changes include a reduction in rip rap and bringing sidewalks closer to the road, which has resulted in a reduction in wetland and stream impacts. Wetland impacts are now 0.311 ac. Stream impacts are 174 LF (115 LF new and 59 LF existing culvert). And there is 0.03 acre of RPW impact. He plans to put this revised project on Public Notice in the next couple of days. Attached are the updated maps, IP form, and project narrative. Do you need me to mail you copies of the revised information as well? Thanks! Kim 1 Kim Williams | Environmental Scientist Land Management Group, Inc | Environmental Consultants Direct: 452-0001 x 1908 | Cell: 910.471.5035 | Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 | Wilmington, NC 28403 kwilliams@lmgroup.net | www.lmgroup.net Email: Website: From: Kim Williams Sent: Friday, January 29, 2016 3:54 PM To: 'Policarpo, John N SAW' <John.N.Policarpo@usace.army.mil> Subject: RE: Brunswick Forest IP application; Action ID# 2007-00530 Hi John I contacted the project engineer for Brunswick Forest and requested some additional information per our discussion last week. Here is a list of questions that you had and their response. 1.We need information about the need for the downstream rip rap, especially in the wetland (non-stream) crossings. How did you determine that rip rap would be necessary? The exact amount of rip rap needed is dictated by the size and slope of the culvert pipe. Some of the culvert sizes have not been determined yet, so they are basing some of this on what they previously used in the S/D. Without rip-rap, the erosion at the end of the pipe will cause maintenance issues with the culvert pipe. Because the culverts will be relatively flat, the velocity will be small and help with the reduction in size of the rip-rap aprons. The drawings (attached) now include information about the outlet protection. 2.Impact Area 16: Since this is a new crossing, is a bridge or arch culvert possible here? A bridge of this width is not economically feasible. Note that this crossing is a requirement of the Town of Leland, which likes to see interconnectivity. Also, the Town of Leland has requested no more bottomless culverts at Brunswick Forest because of the potential for maintenance issues. 3.Impact Area 18: RPW. Can you break down how much of the new route will be piped vs. open swale? Both are mentioned on the drawing. This entire section will be piped. The figure has been revised to reflect this. Also on this figure, what do the different wetland hatchings mean? I believe these other wetlands are preserved, but there are a couple of different and overlapping hatchings. Is one of them for the golf maintenance areas? One area is unpreserved wetlands. The other hatch is preserved wetlands. The figure has been revised to clearly show this. 4.For all figures: Can you please add a legend box for the wetland impact stipple that you use? Done. See attached. 2 Also note that on Impact #12 (Figure 6), they moved the sidewalk to the other side of the road and were able to reduce the wetland impact by a small amount. Wetland impacts are now 0.311 ac. Stream impacts are 174 LF (115 LF new and 59 LF existing culvert). And 0.03 acre of RPW impact. Also, I found the wetland preservation map and language, which have been recorded. See attached. We are still trying to determine if remaining wetlands can be preserved. Hopefully we can move forward with the Public Notice as we figure this out. In addition to the revised maps, I have attached the revised IP form and Project Narrative. The narrative discusses the avoidance and minimization measures and the bridge alternative. Let me know if you need hard copies any or all of this info. Thanks! Kim From: Policarpo, John N SAW \[mailto:John.N.Policarpo@usace.army.mil\] Sent: Monday, January 25, 2016 8:48 AM To: Kim Williams <kwilliams@lmgroup.net> Subject: RE: Brunswick Forest IP application; Action ID# 2007-00530 Morning Kim, If you have time today, can you give me a call to discuss this. Thanks John John N Policarpo US Army Corps of Engineers Wilmington District 910-251-4487 -----Original Message----- From: Kim Williams \[mailto:kwilliams@lmgroup.net\] Sent: Thursday, January 14, 2016 2:03 PM To: Policarpo, John N SAW <John.N.Policarpo@usace.army.mil> Subject: \[EXTERNAL\] RE: Brunswick Forest IP application; Action ID# 2007-00530 Hi John I spoke with the engineer about reducing the widths of the crossings at Brunswick Forest. First, ROW widths were determined by the engineer and developer and are based on expected traffic counts on those roads. So the roads that lead up to Hwy 17 and some of the intermediate collector roads have an 80' ROW, which translates into a 36' wide road. The 50' and 60' ROWs are for roads that are deeper into the S/D and are expected to handle less traffic. These roads will be 24' wide. 3 The engineer was able to narrow the crossings by bringing the sidewalk to four feet behind the back of curb (Town of Leland minimum), which moved everything closer to the centerline of the right of way (see attached maps). This reduces overall impacts to 0.312 acre of wetlands and 174 LF of stream. This doesn't seem like much of a stream impact reduction from our original submittal, but that is because our original submittal only accounted for the new stream impacts, not where existing roads are (Impact Areas 15 and 17; Figures 9 & 11) . But based on our communication for the NWP at Orton, I now assume you would want us to account for the entire length of the crossing, including both the existing roads and widening. So of this overall 174 LF of stream impact, 115 LF of it is new impact and 59 LF is existing roads. Let me know if that is not correct and if I should change it back to just the new impact area. Would mitigation be required for stream impacts associated with existing roads? If you are comfortable with moving forward with the Public Notice at this time, I will send you an updated application form, project narrative, and hard copies of the attached maps. Thanks! Kim From: Policarpo, John N SAW \[mailto:John.N.Policarpo@usace.army.mil\] Sent: Wednesday, January 13, 2016 8:11 AM To: Kim Williams <kwilliams@lmgroup.net> Subject: RE: Brunswick Forest IP application; Action ID# 2007-00530 Morning Kim, Yes, I'm sorry , I do have the application. If you have a minute to talk, can you call me? I'm leaving for the field at 9. Thanks John John N Policarpo US Army Corps of Engineers Wilmington District 910-251-4487 -----Original Message----- From: Kim Williams \[mailto:kwilliams@lmgroup.net\] 4 Sent: Wednesday, January 13, 2016 8:03 AM To: Policarpo, John N SAW <John.N.Policarpo@usace.army.mil> <mailto:John.N.Policarpo@usace.army.mil%3e> Subject: \[EXTERNAL\] RE: Brunswick Forest IP application; Action ID# 2007-00530 Good morning John Sorry to keep bugging you about this one, but I just wanted to make sure you received the IP application for Brunswick Forest. I sent it to you at the end of November and haven't heard anything on it yet. Thanks! Kim From: Kim Williams Sent: Monday, January 11, 2016 11:46 AM To: 'Policarpo, John N SAW' <John.N.Policarpo@usace.army.mil> <mailto:John.N.Policarpo@usace.army.mil%3e> Subject: Brunswick Forest IP application; Action ID# 2007-00530 Hi John I submitted an IP application to you a few weeks ago for Brunswick Forest. Can you tell me if you have had a chance to review it yet and when you anticipate issuing the Public Notice? Thanks! Kim Kim Williams | Environmental Scientist Land Management Group, Inc | Environmental Consultants Direct: 452-0001 x 1908 | Cell: 910.471.5035 | Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 | Wilmington, NC 28403 Email: kwilliams@lmgroup.net <mailto:kwilliams@lmgroup.net> <mailto:kwilliams@lmgroup.net> <mailto:kwilliams@lmgroup.net%3e> | Website: BlockedBlockedwww.lmgroup.net 5 <Blockedhttp://www.lmgroup.net/> 6