20031485 Ver 1_COMPLETE FILE_20031125

MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Paul Rotunda 83 Sandy Point
Project Number 03 1485
Recvd From APP
Received Date 11/25/03 Recvd By Region
Project Type road crossing
County Carteret
County2
Region Wilmington
Certificates Stream
Permit- Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 404 F-770 -NF-F-7- 132 s a NswxQ 30,410. 0.1 .1
ON F
Mitigation Wetland
MitigationType Type Acres Feet
, . 11 11 .
Peren- Inter
"" riial mittent

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant?0 Y 0 N
Is Mitigation required? 0 Y * N Recommendation: 0 Issue0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to this eject as proposed provided that all of the conditions of General
Water Quaility Certification #3404 and the additional conditions listed in the written 401 WQC are
met.
The 14' x 120' driveway in the buffer is exempt from the Neuse Buffer Rules.
Tf>fflAAWt u'atli. _ Gertification was 6666642/16103 NL
cc: Regional Office
Central Office Page Number 1

Triage Check List
Date: J-2-6-03. Project Name:
To: ? ARO Mike Parker
? FRO Ken Averitte
? MRO Alan Johnson
? RRO. Steve Mitchell
tI Rofunda X13 Sandy
DWQ#: 63 1185
County: ?ar-te_rei-
?' WaRO Tom Steffens
N WiRO Noelle Lutheran
? WSRO Daryl Lamb
From: ArnAnda Muds Telephone : (919)
The file attached is being forwarded to dour for-your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
NR _
Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
?. Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments: TG eher L m?nimiza fioh Jayoidance
yv?
lip
f 1I
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v "r ".a. N A E
560'50'55"W
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N JD72.zs,
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V N 14.1
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•j 1 / S 66'JZ'48"W 187,01' - ?. ;t ,•
?ry rr 0 MEAN NIGH WATER LINE :525%77'26"E ' 1 •? "$?'p? /o• 'a Irn( x. ?. CK. NO.-
A 83
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LEGEND: W 04
IL -VA'.ANOS
It -404 WETLANDS
O -EXISTING IRON ROD
O -CONCRETE CONTROL MONUMENT_ -
--C-C- -COASTAL IETL4NOS LINE -
85
- - - - - - - - - -- --- - - - - - - - - - -
88
\ - - - - -o- - - - - - - - - - - -
74 WETLAND DELINEATION OF. BERRY CREEK
Section II, Phase III NATURAL VEGETATIVE BUFFER
Sandy Point ?. - -- ?- - - - - - - - - - - - -
IN TWSP., CARTERET COUNTY, N.C.
1 " = 200', DATE: SEPT. 8, 1999
CERTIFICATE OF U.S. ARMY CORPS OF ENGINEERS
BD BY. OWNER. THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS
r WEYERHAEUSER REAL THE 8OUND4RY OF THE JURISDICTION OF SECTION 4G5 OF THE CLEAN FOR 500 WFTLANO DELINEATION PURPOSES OALr• A
RVEYING, P.A. WATER ACT UNDER THE PRESENT LAW AND REGLLATIONS AS DETERMINED
POINT BLVD. ESTATE COMPANY BT THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN FOR ACTUAL CONVEYANCE OF PROPERh
119 MIDDLE ST. THE LAW OR OUR PUBLISHED REGULATIONS. THIS DETERMINATION OF
)RO, N.C. SECTION SOS JURISDICTION MAY BE RELIED UPON FOR A PER DO NOT oPtt\ CARO
93-6101 NEW BERN, N.C. TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS B
(252)-633-6100 MMAADE AUTILIZING THE 1987 CORPS OF ENGINEER$ WETLANDS DELINEATION Z DOE E$ 71
n
RE It
wE It
0 200 400 E00 CORPS OF ENGINEERS DATEI t y N`If?R
E
9G's ALAN 9y
CALE -FEET
WETLANDS/ 401 GROUP
NOV 2 5 2003
WATER QUALITY SECTIOP4
• T
J'
sow /
s
?#??? ° E 422 50' FROM COASTAL WEMAND LINE
'40'55'w N 5104o'18"W • a
9 ./ 182 29' 4 3
v 42 347 \
,W 42
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c
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O
l 12.98' 42? y 353 cn
N 27°40'17"E 44 355 \
70.12" ass
i \
504-9'07'W 142.,91' 418 U1-
> *02'29E 4 7.89 Z 417
' N 357
30"W 79.17' U 41
h N
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87.04' 66 2°
403 UL 367 i 402 10 • GRAVEL DRIVE 388
N 44°33'26 'E ? F
° ? 3`?' 83 ass ?2?s ?
\ N 20 2e 1O"E 37r WL
43.51' 394 I I 438
f 55 ,' S 393 UL 372 N
/ 6p 4 437
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374 2948 2953 435
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41 81.39,5,3'E 422.39; - - - 50' FROM COASTAL WETLAND LINE O O
*40'55'w' 59' ' . - 182.29' '/8,W
6 4
fI/ "W 42 42 347
omesite
7 ?
42
N 14°14'05EJ 423 35 n Driveway
/ 112.98' / 333
? y, 333 t ,1?
N 27°40'17 4
"E
70.12. 41 , 33s
4!8 i
6°49'07"W 142.91 ' C!L
z 417 \
5 °02'29"E 47.89' o t N 4 357
,'30"W 79.17' N 41
4
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87.04' sc
402 !0' GRAVEL DRIVE 368 2 ?F Driveway
33'26" 7
41.2/\ ??3°? 83 \ 3.
-}' S5 ? ' S 393 UL 372
/ 1. 6Oo 437
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Office Use Only' Fonn Version May 2002
USACE Action ID No. DWQ No.
__ti_ .1.:..... ?..r !o co ontar "Mnt Annlirnhle" or "N/A".)
(it any parncutar ILeni lb,LVL appLl,,-' ... 1---j r ---- - - -
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 fi-om DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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: ?
5. if your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: Paul Rotunda
Mailing Address: Park Street
Montclair, N.J.
Telephone Number: 973-744-0881 Fax Number: 973-744-1638
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant. )
Name: Eddy Myer
Company Affiliation: Eddy Myers Real Estate
Mailing Address: P . 0 . Box 389
Beau ort, N.C. 28516
Telephone Number: 2 5 2 728 1310 Fax Number: 2 5 2 7 2 8 5 00 5
E-mail Address: [e-mail]
Page 5 of 12
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential hfmal version ofill the full-size plans. If fall-size illegible, the applicant will be informed that
reduced to a small scale such that the
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: 93 Sandy Point
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location .
County: Carteret Nearest Town: Beaufort
Subdivision name (include phase/lot number): Sandy Point SR 1300
Directions to site (include road numbers, landmarks, etc.y 70 East to
(Merrimon Rd), SR 1300 to South River Road to Sandy Point Drive.
Lot on left at end of Sand Point Drive
5. Site coordinates, if available (UTM or Lat/Long):
(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.)
6. Property size (acres): 22.05 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Berry Creek and Neuse River
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•/'h2o enr state nc us/adniD-,'mat)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: Vacant Wooded Lot. Residential
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: construct
a driveway to a .permitted homesite _
A silt fence will be installed to contain runoff where necessary.
A driveway of sand and marl will be placed in an area 1 'x and
14'x45' and 14'x70' and 14' x 120' totalling 4970 sq.ft.
11. Explain the purpose of the proposed work: To build a driveway to a homesite
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
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 fi•om the current application.
None
VI. Proposed Impacts to Waters of the United States/Waters of the State
it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts:
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Road
Type of Impact*

Fill Area of
Impact
(acres)
0.11 Located within
100-year Floodplain**
(es/no)
es Distance to
Nearest Stream
(linear feet)
140
Type of Wetland***

40

d h d clearin adinv fill
e
* List each impact separately and identify temporary impacts. Impacts include, but are not lurut to. mec anrze g, gr ?, ,
excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood 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./!}vw}y fgi?3a,oy.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, 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:
Total area of wetland impact proposed: 0.11
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
ndicate on mat

Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)

d t Ive rts and associated rip-rap
e
* List each impact separately and identify temporary impacts. Impacts include, brit are not lurut o. cu
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.
** 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
www.usgs.gov. Several iltemet sites also allow direct download and printing of USGS maps (e.g., vswwtopozone.com,
www.mapquest.cora, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A

Page 8 of 12
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
Site Number
(indicate on ma)
Type of Impact* Area of
Impact

acres)
( Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.)

rnh;n rlrcrlm
* List each nnpact separately and identity temporary unpacts. unpack uBALRIV, ULM .1? •_U1
flooding, drainage, bulkheads, etc.
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be usefitl to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable; discuss construction
techniques to be followed during construction to reduce impacts.
The proposed drive represents the shortest distance possibe_ to the
homesite Silt fences will be utilized where necessary- Sppd-i-n&
and mulching to prevent runoff and promote stabilization will al.;c
be utilized. The upland area was chosen (immediately adjacent to
the homesite) to minimize impact.
VM. 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.
Page 9 of 12

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
http: /1i 2o eur state nc us/newetlands/strm.g
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.
N/A
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
[phone] 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 lrttn //h2o errr state nc usiv??3/index.htrrr. 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): NIA
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N / A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) fiinds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence fi•om 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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No FRI 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.
Impact T-multiplier Required
Zone* , ,?v foor? Mitigatior
1 3
2 1.5
Total I I I
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
r
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.
XI. 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.
N/A
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.
On site Septic Tank permitted by Carteret C'n„nrv Health Tlepartment
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 K]
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).
UL rZ©i vM 0/q /il l1 U3
pplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter fiom the applicant is provided.)
Page 12 of 12
RECEIVED
NOV 2 0 2003
BY:
November 16, 2003
To: Ms. Noel Lutheran
Division of Water Quality
Re: 83 Sandy Point
Dear Ms. Lutheran,
CK. NO °._......_....___
DATE
Enclosed you will find seven copies of the following:
1) A photocopy of the entire 83 Sandy Point lot
2) A photocopy of the area in question (copied to scale; 1" = 200')
3) A photocopy of the area in question with the proposed drive to
the home site and the home site foot print (copied to scale; 1" _
200')
4) The necessary application
Also enclosed is a check for $ 200 made out to "DWQ".
Please accept these as an application for the indicated usage.
Should there be any oversights or omissions, do not hesitate to notify me.
Thank you very much for your help with this matter.
Respectfully,
Pau Rotun a
Paul Rotunda r.
83 Park St. s ?Montclair, NJ 07042
(973) 744 - 0881 ,
(973) 744 - 1638
WETLANDS/ 401 GROUP
NOV 2 5 2003
VVATER QUALITY SECTION