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HomeMy WebLinkAbout158-21 Hampstead Investment Group IncClass STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 158-21 Issued to Hampstead Investment Group Inc., 156 Hammock Watch Way, Hampstead, NC 28443 Authorizing development in Pender County at adj. to the AIWW, at Dogwood Lane of Longview Estates S/D, in Hampstead, as requested in the permittee's application dtd Revised 6/15/21 (MP-1,4,5) & 2/1/21 (MP-2,3) & Attachment B did "Rec MP Section 12/13/21", incl att workplan drawings (4), Site Plan did 8/31/21 & Sheets 2-4 of 4 all did 6/15/21. This permit, issued on December 21, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation rt these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be nun ano voia. Upland Development with Section 404 Fill 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the Subdivision, boardwalk, road, culvert and approximately 5,705 ftz of Section 404 wetland fill, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) In accordance with commitments made by the permittee, a deed restriction shall be placed on the property restricting any future wetland fill. In addition, a deed restriction shall be placed on the riparian lots restricting further construction of water dependent structures. These deed restrictions shall be recorded with Pender County Register of Deeds, and a copy of the recorded deed provided to the Division of Coastal Management, prior to the initiation of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that , your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee FW Hampstead Investment Group Inc . ADDITIONAL CONDITIONS Pier and Kayak Launch Permit No. 158-21 Page 2 of 3 3) This permit authorizes only the pier and kayak launch, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this pier and kayak launch without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 4) Any portion of the permitted access pier and kayak launch built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit does not authorize any formalized boat slips. 7) No attempt shall be made by the penmittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 9) The kayak launch facility shall post signage indicating that the authorized slips are only intended for non -motorized vessel usage. 10) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Stormwater Management 11) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8210603. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Hampstead Investment Group Inc . ADDITIONAL CONDITIONS Permit No. 158-21 Page 3 of 3 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. . 15) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required by the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources has authorized the proposed project by way of Individual Water Quality Certification #WQC004562 and assigned the project DWR Project No. 2021- 1059. NOTE:. Future development of the permittee's property may require. a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director File Note: FROM: SUBJECT: DATE: NORTH CAROLINA Environmental Quality Gregg Bodnar, DCM Assistant Major Permit Coordinator Major Permit Application for Hampstead Investment Group (Longview Estates) , 12/15/21 After review of the application file it was determined that the lot determinations were incorrect and needed to be clarified. This required re -notification of adjacent riparian neighbors. Emails dated 12/7/21 and 12/8/21 document the attempts to notify Seward and DCM has determined that the applicant has satisfied the intent of notification. DEQ� o�mmme. <m�mwr� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400Commerce Avenue I Moorehead City, North Carolina 28557 252.808280 .4, DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Lvest~, 6 Chou f,_jNe• Type: (Check all that apply) New 1//. Major Mod _. Permit# Minor Mod Renewal _ Transfer _. Permit Coordinator: _C/lnU-- Field Representative: Date Time Message 7/1 /a n a l rec eivd -,n i(fA wacba)P fb pittitF WQC�- usAtG. 641(o aPPI�`us�w�/jpn��c��crs. Iti1�dlti\ occ- 0 . (%p�o(td�(cri �+'. a �IL✓ h � G�rr�u �s . ((e ► A(. f a 6-t( t +roc, DCM Coordinator: 'Ak Permit #: 15-Y3 -Z i Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: MAILING DISTRIBUTION SHEET M jvai , u%y, z 9W3 Washington (with revised work plan drawings) jam„ 7-79 (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) neret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) ley geidi eqKW IRO) Clif Whitfield (WARD) 91W Harding Jimmy Harrison fiwmwv's qwm Jenkins/Sharon Oxon Tim-YM / Mike Moses Sheri Montalvo / She"OullivanI. Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: 1� Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) 091i Perry — 401 (TBD) jiristine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: ) Natural Heritage Program 4 a.,e toy (NCDOT) Travis Wilson DCM MP-1 APPLICATION for •� Major Development Permit (test revised 12/27106) North C Ii aro na DIVISION OF COASTAL MANAGEMENT L Primary Applicanf/Landowner Information Business Name Hampstead Investment Group, Inc. Project Name (if applicable) Long Yew Estates Applicant 1: First Name MI Last Nam Travis Holder Applicant 2: First Name Mt Last Name Andrew Smith Mailing Address I56 Hammock Watch Way x City Stage Hampstead NC ZIP 28443 Country Us Phone No ;-4752 FAX No. 910 - ext NASUMAddress(ld�nuifromabove) Store ZIP Same as above Email travisrayholder,d1yahoo.eom and andrew@hampsteadnchomes.com 2. AgeoWContractor Inforfwtion Business Name Southern Environmental Croup, Inc. (SEGi) Agentl Contractor l: Finn Name Dana MI Last Name 2021 JUL 01 A- Lutheran AWI/Conttactor2: First Name Mi Last Name NA DCM-MHD CITY Address uth College Road, Suite E PO Bux City State Wilmington NC JNA Phone No. 1 phone No. 2 910 - 228 -1841 en. 910 - 452 - 2711 exL Contractor # NA Street Address(/ 4fferenrfrom above) City Stale Zlp Same Email 13lutheranralse¢i us 3 Project Location County (can be multiple) Street Address Pender 139 Dogwood Lane Slate Rd q Subdivision Name Longview City Stye Zip Hampstead NC _ P 910 I0 - Z28 - 1841 ext. Lot No.(s) (dmamx attach addffl a l pare with hats 5 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Atlantic ICWW C. bAbLAKWr body identified in (b) above, natural or manmade? d Name the closest major water body to the proposed protect site. QaNta131&nmadc Unknown Atlantic ICWW C. Is proposed work within city limits or planningjurisdiction? Yes ©o f. If applicable, list the plamhuhg jurisdiction or city limit the proposed work fells within. NA RECEIVED JUN 2 3 2021 DCM7,W, NC Descriptiontal length of shoreline on the tract (ft.)b. 30' Sin of entire tract (sq.R) 6.81 AC e of individual lot(s) es from 0.60 to 1.63 AC (see site plan) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level)ary rDescrodonite la stxs, please attach additionalpage with a lur) 25'above JHW NWLetation on tractpland portion of the tract comprised of grassy field and an approximately 1.%-acres of Bottomland Hardwood Forest wtld (NWI PFO I Ad), where vegetation consists of Lonicero japonica, Persicaria hy&vpiperoidesEpatmium cpillitolium andMikaniacandent. roperty falls off gently down to a Section 404 fringe, where vegetation is limited to Morella cerifera and transitions into tidal, coastal nd, which consists of ?)pha lahfolia, SparVna cynosuroides and Schoenoplectus robustus. -made teat res and usesnowontract d soil road can be found bisecting the wetland, on Lots 2 and 3. Otherwise, there are no than -made structures on the property. g. Identify and describe the existing land uses adisocit to the proposed project site. Adjacent land use is residential. It. How toes local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) tea No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes No A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National yes tl'A Register listed or eligible property? m. (i) Are there wetlands on the site? PY- No 0i)Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a dclineation been conducted? ® No (Attach documentarian, if available) YVa9 No SEGI delineated both 404 (see Attachment 5 Jurisdictional Determination Request Packet), and coastal wetlands. The coastal wetland line was delineated and then verified by Jason Dail. The USACE issued the attached Preliminary Jurisdictional Determination. n. Describe existing wastewater treatment facilities. Currently, wastewater is not being generated on -site. RECEIVED o. Describe existing drinking water supply source. Drinking water is provided by Pender County. JUL 0 1 2021 p. Describe existing storm water management or tmannem systems. Thera are no existing stortnwater management or treatment systems on the property D C M-M H D CITy 5. Activities and Impacts a Will the project be for commercial, public, or private use? Commercial Public/Govemmetd nv b. Give a brief tl scription of purpose, use, and daily operations of the project when complete. The purpose of the project is to construct a 22' wide, gravel road, which will provide access to 4 lots (i.e., Tracts A & B, and Lot 2 & 3 on Shell 1 and 2 of 4, of the CAMA Major Site Plan — See Project Narrative), which will be sold and built upon by future lot owners, as well as construction of a boardwalk and kayak launch, to be used by future lot owners. Cr Describe the proposed construction methodology, types of construction equipment to be used durin consavction, ate number of earl ! of ui where it is to be stored. g type W proem and Work will consist of installing silt fence, before undertaking land disturbing activities. Upland development will consist of removing woody and herbaceous vegetation from the proposed road and utility line areas. Spoil will be hauled offsite or burned. The proposed water line will be installed first and will require temporarily impacting approximately 1370 SF (0.03 AC) of Section 404 wetlands. Once this is completed, the gravel road, with hammerhead, will be constructed using geotextile fabric, overlain with clean earthen fill, where crossing wetlands, and 4" of stone overtop geotextile fabric. The proposed access road and associated hammerhead will require permanently filling 4335 SF (0.10 AC) of Section 404 wetlands. Lastly, the Applicant proposes to construct a elevated boardwalk that will provide acceya,ta. tha.�s ft where a kayak launch is to he constructed (see CAMA Major Site Plan). rS Cl. t I V C JUNL 3 2021 Page 2 of 1 (Longview Estates 21112021 Rev. 6115121) DCM WILMINGTON. NC At 40 V V V it. List all development activities you propose. Approximately 12,895 SF of gravel road, with hammerhead, as well as a water line, will be installed (Sheet 1 and 2 of 4, of the CAMA Major Site Plan). Homes will be built by future lot owners. The boardwalk will be 6' wide by 490', and the kayak launch will be 6' x 40'. The structures will be built with conventional dock building materials, elevated at least V above the substrate and 6' above NHW level, measured from the bottom of the stringer, where crossing the 8' wide drainage feature (see Sheets 3 and 4 of 4, of the CAMA Major Site Plan). a Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 23,175 +/- Dt or Acres g. Will the proposed project encroach on any public easement, public aocessway or other area that the public has established use of! Yes ® NA IL Describe location and type of existing and proposed discharges to waters of the state. The proposed project does not include discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wenand? Yes OIL-> NA If yes, will this discharged water be of the same salinity as the receiving water? Yes No QZ—L> j. Is There any mitigation proposed? Yes NA If yes, attach a mitigation proposal. Due to the impact being less than 1/10t1 acre of impact, the applicant is not proposing mitigation for the impacts to wetlands. 6. Addilionallnformadon In addition to this completed appliaaton form. (MP-1) the following items below, ifapplicable, must be submitted in order or dce package to be re. Items a always applicable to I application prepare (I — e are ahv mry major development application. Please consult the application irttnuction booklet on haw ro properly prepare the required ;reins below. a Aprojeet narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give The present status of the Proposed protect. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. See Project Narrative c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with The area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title m the affected properties. See Project Narrative e. The appropriate application fee, check or money order made payable to DEQ. f. A list of names and complete addresses ofthe adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised That they have 30 days in which to submit comments on The proposed project to the Division of Coastal Management. Duane and Kathy Seward - Pender Co. PID #3281-95-2863-0000, 135 Dogwood Lane, Hampstead, NC 29433 Ms. Frances Yomg • Pander Co. PID #3281-95-0164-0000, 153 Dogwood Lane, Hampstead, NC 28433 g. A list of previous state or federal permits issued for work on The project tract. Include permit numbers, pen Ruck, and issuing dates. NA h. Signed consultant or agent authorization form, if applicable. i. Weiland delineation, if necessary. See Project Narrative j. A signed AEC heard notice for projects in oceanfront and inlet areas. (Afint be signed by property owner) NA k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. It 3A 1-10), if accessary. If the project involves expenditure of Public fords or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NA 7. Certification and Permission to Enter on Land I understand that env nermit issued is . a.:h:__.:__ ..: rr -„--_ .. . . -- --- ed in mi, --ir u- uc.ehupmcm ucscnoea m me application. The project will be subject to The conditions and restrictions contained in the permit. I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 2/1/21 Rev. 6115t211 Print Name --Dana A. Lutheran for Hampstead Investment our Inc � RECEIVED Signature RECEIVED Please indicate application attachments pertaining to your proposed pmjeeL JUN 2 3 2021 MP-2Excavationand JUL 01 2021 ... — DCM WILMINGTON, NC DCM-MHD CITY Page 3 of 7 (Longview Estates 2/1/2021 Rev. 6/15121) 3�� Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Other (excluding shoreline Breakwater stabilization) Length Max 177' (varies) Width Max 30' (varies) Avg. Existing Depth NA NA NA Final Project Depth NA NA NA 1. EXCAVATION section not applicab a. Amount of material to be excavated from below NHW or NWL b. Type of material to be excavated. in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. RECEIVED JUL 01 2021 DCM-MHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL section not ap livable a. Location of disposal area. b. Dimensions of disposal area. C. (i) Do you claim title to disposal area? Yes No NA (ii) If no, attach a letter granting permission from the owner. d. (i) Will a disposal area be available for future maintenance? Yes No NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom Yes No NA (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? CW SAV SB WL None (ii) Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) is on net aen rm e a. Type of shoreline stabilization: Bulkhead Riprap Breakwater/Sill Other: a Average distance wsterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill _ Other _ I. Source of fill material. b. Length: Width: d. Maximum distancewaterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? Yes No NA 00 If yes, state amount of erosion arosion amount information. h. Type of tin material. ,J U N 2 3 20? i DCM WILMINGTON, NC 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) This section not applicable Page 1 of 2 (Longview 2/1/21) 4 *�� a. (i) Will fill material be brought to the sites es No NA If yes, (ii) Amount of material to be placed in the water None (iii) Dimensions of fill area 177' x 39 (iv) Purpose of fill Road crossine b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL_ None (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. controlled? Sediment and erosion control measures, such as silt fence, will be installed prior to land disturbing activities. The measures will be inspected weekly and after a rain event that produces more than 1" of rain within a 24 hour period. C. (i) Will navigational aids be required as a result of the project? Yes No NA (ii) If yes, explain what type and how they will be implemented. 2/1/2021 Date Olde Pointe Project Name Hampstead Investment Group LLC Applicant Name Applicant Signature The fill will serve as the road bed What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Large machinery, such as dump trucks and track hoes may be used to complete the work. The machinery will be kept within uplands, on the site, when not in use. d. (i) Will wetlands be crossed in transporting equipment to project site? Yes ® NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED JUL 61 2n; ) ')CM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Page 2 of 2 (Longview 211121) 6-*ks rttUILIVED Form DCM MP-3 JUL U 1 2021 UPLAND DEVELOPMENT DCM-MHD CITY (Construction and/or land disturbing activities) Attach this form to Joint Application for CAM Major Permit, Form DCM MP-1. Be slue to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT 91 _ _.._ ..-..._,,, ,,, ,,,,,, ,,,yam, au„� ,,s, ur aoucmns u. number or lots or parcels. proposed. None 5 lots c. Density (give the number of restden0al snits and the units per acre). 5 single family dwellings = I unit per 0.76-acre Dwellings are not proposed at this time. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No NA III) If yes, list the date submitted: Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Approximately 72%of the site is within the ORW AEC and Less than 24%will be covered with built upon ayes. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Less than 12% j. Describe proposed method of sewage disposal. Sewage will be treated by individual septic, on each lot. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, -wash down" and residential discharges). Stormwater will be treated cia sheet Flow, through least 30' of vegetation, before discharging into wetlands. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Approximately 0.74 AC of land disturbance is anticipated to take place, with the installation of the gravel road. I. List the materials (such as man, paver stone, asphalt, or concrete) to be used for impervious surfaces. Impervious surfaces are not proposed with this project. The access road, with associated hammerhead, will be constructed of geotextile fabric, overlain with clean earthen fill dirt, where crossing wetlands. and 4" of #57 stone. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (I) Has a site development plan been submitted to the Division of Water Quality for review? ® No NA (a) If yes, list the date submitted: The Applicant submitted a request for an Express Stormwater Permit on 3/52021. At this time, the application is under review. k. Have the facilities de bed in Item (i) received state or local approval? Yes No If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? Yes®o NA If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? Yes <4A community, public system, etc.) Drinking water is supplied by Pender County. 00 If yes, how many acres? o. When was the lot(s) platted and recorded? Book: 4726 Page: 344 925/2020 2/ 121 Daze Longview Estates Project Name Hampstead Investment Croup LLC Applicant Applic rt Signature p. If proposed development is a subdivision, will itionat utilities be installed for this upland development? Yes RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC 252-808-28082 c 1-88"RCOAST . www.-mcciastalmanagementnet '/ 0/ Form DCM MP-4 RECElVEp STRUCTURES JUL o 1202, (Construction within Public Trust Areas) p CM-flMNp CITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facildy/marina: ❑Commercial ❑Public/Government NPrivate/Communay ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo c. (i) Dock(s) and/or pier(s) d. (I) Are Finger Piers included? ❑Yes NNo (ii)Number 2 If yes: (iii) Length Component A - 490' / Comoonent B - 40' (it) Number _ IN) Width Both 6' (iii) Length (v) Floating ❑Yes NNo (iv) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes NNo I. (i) Are Boatlihs included? ❑Yes NNo If yes: If yes: (ii) Number (ti) Number (iii) Length — _ (iii) Length (iv) Width (hi) Width (v) Floating []Yes ❑No _ Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 0 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage (,yet slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: NA i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel NA ❑Open water; no dredging required 00ther; please describe: NA RECEIVED k. Typical boat length: NA I. (I) Will the facility be open to the general public? M. (i) Will the facility have tie pilings? ❑Yes NNo JUN 2 3 2021 Oyes NNo (ii)Ifyes number oftie pilings? DCM WILMINGTOh: NC NA 252-808.2909 :; 11-881114RCOAST :: www.nccoastalmanagement net 77V9 revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) 12. DOCKING FACIUTY/MARINA OPERATIONS 0This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. RECEIVED JUL U 1 2021 DCM-MHD CITY c. Describe the disposal of solid waste. fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? s. (i) Give the location and number of "No Sewage Discharge' signs proposed. (it) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake' signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ONO JUN 2 3 2021 DCM WILMINGT ON, NC 252-808-2808 :: d-888-4RCOAST :: www.nccoastalmsnagement.net FOW266 12J27= Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community III) Number — (ii) Length — Qv) width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelptle, ek. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (ii) Length — (iii) Width 5. BREAKWATER rilil wood, sheeipile, etc.) ®This section not applicable a. Length __ C. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable ❑Commercial ❑PublidGovemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC 252-808.2808 :: 1-888-4RCOAST n www.n errastalmanag�ment•aet /) revised: 12127MG Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Component A -1 V (S) and 250' (N) Component B -195' (S) and 280' (N) Note: For buoy or mooring piling,, use arc of swing including length of vessel. c. Width of water body Component A spans an approx. 8' wide drainage feature The boardwalk has been elevated in this area to be at least e' above the waters surface at NHW (see site Plan for debals)Component B does not extend out oast the edge of the marsh. The width of the water body is approximately 350' e. (i) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. & OTHER a. Give complete description: 2/l/21 (Revised 6/15121) Date Longview Estates Project Name Hampstead Investment Group, Inc. Applicant Name Hampstead Investment Group, Inc. APP 1 l-6 at b. Proximity of structure(s) to adjacent docking facilities. There are no structures within 500 feet of either Components A or B. d. Water depth at waterward end of structure at NLW or NW - Component Component A is a boardwalk while Component C does not extend out past the limit of coastal wetland vegetation where there Is no water at NLW ®This section not applicable RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC :: i-aae-4RCOAET It www.neeoestalmanagement.net / V 440 revised: 12127/06 Form DCM MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES <Zfihaction not a li a. is me proposea bridge: Commercial Public/Government Private/Community c. Type of bridge (construction material): e. (i) Will proposed bridge replace an existing bridge? Yes No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance undemeath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) b. Water body to be crossed by bridge: d. Water depth at the proposed crossing at NLW or NWL: Will proposed bridge replace an existing culvert? Yes No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge: h. Width of proposed bridge: i. Will the proposed bridge affect existing water flow? Yes j. Will the proposed bridge affect navigation by reducing or No increasing the existing navigable opening? Yes No If yes, explain: If yes, explain: k. Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, explain: m. Will the proposed bridge cross wetlands that contain no n. Height of proposed bridge above wetlands: navigable waters? Yes No If yes, explain: 2. CULVERTS This section not applicable a. Number of culverts proposed: 1 b. Water body in which the culvert is to be placed: NA c. Type of culvert (construction material): Reenforced Concrete Pipe (RCP) d. (1) Will proposed culvert replace an existing bridge? Yes If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: IN) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) f Length of proposed culvert: 30' h. Height of the top of the proposed culvert above the NHW or NWL. NA e. Yid ll�proopposed culvert replace an existing culvert? If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv)Height of the top of the existing culvert above the NHW or NWL (v) Will all, or a part of, the existing culvert be removed? (Explain) 9. width of proposed culvert: 24" DECEIVED i. Depth of culvert to be buried below existing j MT1 r*nW..1 The culvert is not required to be buried. j. Will the proposed culvert affect navigation by reducing or k. Will the proposed culvert affect exiDiW(ripli) M13TON, NC R E(WefOoDe existing navigable opening? Yes ® Yes <:96:> If yes, explain: If yes, explain: JUL 01 2021 Page 1 of 3 (Longviewxini) DCM-MHD CITY It, �-g 3. EXCAVATION and FILL This section not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? Yes If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? Yes Nno If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, Provide the number of square feet affected. CW _ SAV SB WL None (a) Describe the purpose of the excavation in these areas: d. If the placement of the bridge or culvert involves any excavation, please complete the following: NA (1) Location of the spoil disposal area: (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? Yes No (lino, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? Yes No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? CW SAV WL SB Nai—w� If any boxes are checked, give dimensions if different from (h) above. (vi) Does the disposal area include any area below the NHW or NWL? ? Yes No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? Yes If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled. (iv) Purpose of fill: g. (i) Will the placement of the proposed bridge or culvert result in any fj)_I (other than excavated material described in Item d above) to be placed on high-ground?<JIMD No If yes, (ii) Avg. length of area to be filled: 177' max, but length varies (iii) Avg. width of area to be filled: 30" max. but width varies (iv) Purpose of fill: The purpose of the fill is to facilitate the construction of the access road. 4. GENERAL a. Will the proposed project require the relocation of any existing b. utility lines? Yes Lt4j If yes, explain: If this portion of the proposed project has already received approval hom local authorities, please attach a copy of the approval or certification. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. CW SAV SB WL None (ii) Describe the purpose of the excavation in these areas: The fill is needed to facilitate the construction of the access road and associated hammerhead. RECEIVED JUL 61 2021 Will the proposed project require the construction of any temporary detour structures? Yes <JR—L> If yes, explain: RECEIVED Page 2 of 3 (Longview 211/21) JUN 2 3 2021 DCM WILMINGTON, NC c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and Yes 1� erosion controlled? If yes, complete Form DCM-MP-2. Sediment and erosion control measures, such as silt fence, will be installed prior to land disturbing activities. The measures will be inspected weekly and after a rain event that produces more than I" of rain within a 24 hour period. e. What type of construction equipment will be used (for f. Will wetlands be crossed in transporting equipment to example, dragline, backhoe, or hydraulic dredge)? project site? Yes <VE--> Large machinery, such as dump trucks, front end loaders and If yes, explain steps that will be taken to avoid or minimize track hoes may be used to complete the work. The machinery environmental impacts. will be kept within uplands, on the site, when not in use. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. 2/l/2021 (Rev.6/15121) Date Longview Project Name _ Hampstead Investment Group LLC Applicant Name 4 App can[ tnaturoGi� RECEIVED JUL 01 2021 OCM-MHD CITY Page 3 of 3 (Longview 2(1/21) RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC /t3048 Bodnar, Gregg From: Dail, Jason Sent: Tuesday, December 21, 2021 1:38 PM To: Bodnar, Gregg; MacPherson, Tara Subject: RE: Hampstead Investments LLC 10-4. 1 agree and reads well to me Thanks! Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 117 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(930)796-7221, Fax:(910)395-3964 Jason. Dail @n cdenr. gov C 'E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. qOq ;,(( CrS6u55;W1 S17OS-R' taes aK From: Bodnar, Gregg Sent: Tuesday, December 21, 2021 10:01 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov> Subject: RE: Hampstead Investments LLC The app narrative just says 0.1 acres. The habitat description has 5,705, the bio-report narrative says 5,310 and the anticipated impacts says 5,705. 1 would say the 5,705 is the number. All those numbers are technically over the 0.1 acre though. Thoughts? Gregg From: MacPherson, Tara <tara.macpherson@ncdenr.eov> Sent: Tuesday, December 21, 20219:54 AM To: Bodnar, Gregg <Rreee.bodnar@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.eov> Subject: RE: Hampstead Investments LLC The only question I have is the amount of permanent 404 fill.. the bio has two diff numbers? Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macpherson(a).ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, December 20, 2021 11:36 AM To: Dail, Jason <iason.dail@ncdenr.eov>; MacPherson, Tara <tara.macpherson@ncdenr.aov> Subject: Hampstead Investments LLC For your review. Updated drawings are attached for your file. Gregg .� QEQUA Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 Bog 2808 ext 215 (office) G repe.eodnar@ ncden rgov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Greg From: Bodnar, Gregg Sent: Tuesday, December 14, 2021 11:33 AM To: Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> (Sarah.E.Hair@usace.army.mil); Snider, Halley; Dunn, Maria T.; Harding, Kimberlee k; Christenbury, Mike; Hall, Christine, gthomas@pendercountync.gov Cc: Dail, Jason Subject: FW: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Attachments: LONGVIEW WETLAND IMPACT MAP REV 10-1-21 & ATTACH B.pdf SHEET 1 OF 4 OF CAMA MAJOR WORKPLAT WITH ALL LOTS DENOTED.pdf Morning all, Please see above for updated plans that clarify the lots for Hampstead Investment Group. The impacts and other aspects of the proposal have not changed, only the lot designation clarification. Hopefully this should not cause additional issues with completing any outstanding review. Please let me know of any final comments ASAP. Thanks, Gregg From: Howell, Jonathan <jonathan.howell@ncdenr.gov> Sent: Tuesday, December 14, 202110:41 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. Howell(oncdenr.00v 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third partier From: dlutheran@seai.us <dlutheran@seai.us> Sent: Monday, October 11, 2021 12:58 PM To: Howell, Jonathan <lonathan.howell@ncdenr.gov> Subject: FW: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates not click links or open attachments unless you verify. send all suspicious email as an attachment to �Report Spam. . Jonathan, Thank you, for your time this morning. Here are the two plans that were revised for clarification. Dana Dana A. Lutheran 5out6em Environmental Group, Inc. 5515 5out6 College [load, Suite E Wilmington, NC 28412 Office: 9 10.452.271 I Mo6ile: 910.228. 1841 (preferred) www.segi.us From: dlutheran@sesi.us dlutheran@seai.us Sent: Friday, October 1, 202112:32 PM To:'Bodnar, Gregg' <sreaa.bodnar@ncdenr.gci >;'Snider, Holley' <holley.snider@ncdenr.gov> Cc:'Hair, Sarah E CIV (USA)' <Sarah.E.Hair@usace.army.mil>;'Bowers, Todd' <bowers.todd@epa.eov>;'Hall, Christine' <Christine. Ha I I@ ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates ALCON, 1. There are 9 separate lots, within in the proposed development. Lots C & D are on the island and will likely be used for open air pavilions, or some other type of amenity, thus they have been allocated a small amount of BUA. Of the 9 lots, 7 are wholly within the 575' AEC. The total area of the AEC is 230,960 SF and the proposed BUA, within the AEC, is 28,810 SF or 12% of the AEC. The map has been updated to reflect this information (see attached). 2. For ease of conversation and as you may have noticed, I revised the map and Attach B page to denote "R-LVE", as the Longview Estate "Remainder' lot, and "R-OTE", as the Old Topsail Estates "Remainder" lot. Since the Applicant has not performed perk tests, on Lots 1 & 2, which are the only questionable lots, the Applicant has reserved R-LVE to serve as the off -site septic area for those two lots. If not needed for off -site septic, a dwelling will be constructed on the lot.. I hope this clarifies things. If not please let me know. Dana Dana A. Lutheran 50uthem Environmental Group, Inc. 5315 South College [toad, Suite E Wilmington, NC 2841 2 N Office: 910.4j2.271 1 Mo6ile:910.228.1841 (Preferred) W W W.S(,gi.us From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, September 30, 20214:05 PM To: Snider, Holley <hoilev.snider@ncdenr.gov>;'dlutheran@segi.us' <dlutheran@segi.us> Cc: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil>; Bowers, Todd <bowers.todd@epa.gov>, Hall, Christine <Christine.Hall @ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Afternoon all, The CAMA application notes only 5 lots with the "Remainder' as Holley mentioned. It is unknown what that "Remainder" lot's purpose or intention is and if there is potential for development on that lot and what that may mean for BUA calculations within the ORW AEC. Please let me know if conditions have changed in relation to the documentation provided in the CAMA application. Thanks as well, Gregg From: Snider, Holley <hollev.snider@ncdenr.gov> Sent: Thursday, September 30, 20213:48 PM To: 'dlutheran@segi.us'<dlutheran@segi.us> Cc: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil>; Bowers, Todd <bowers.todd@eoa.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Good afternoon Dana, Per our phone conversation, can you please clarify the number of single-family residential lots proposed for this development? The plat map submitted in response to the EPA, DWR and USACE RFAI indicates six (6) lots will be developed, two (2) along Dogwood Lane and four(4) accessed by the gravel road. The lot along Dogwood Lane labeled "remainder" shows a building pad and septic area. The attachment associated with the state stormwater (SW8210603) BUA allocation table does not correspond with the plat map and labeled lots submitted with the RFAI. The BUA table indicates Longview Estates and Old Topsail Estates, were any of these lots subdivided and why the distinction between the two? Were these properties previously permitted for development? This now appears to be common plan of development. Thanks in advance. Sincerely, Holley Snider .•' ><((((°>., .......><((W>.•"- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 nrnn�ennrx�wAD E Q�/ l� Oap�nmtnlalemnxmmW auan� 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, September 30, 2021 12:40 PM To: Snider, Holley <holley.snider@ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates CAUTION:.,External email. Do not dick links or open attachments unless.youvetifV. Send all suspicious email as anattachment to,. +Report.Spam. , Hey Holley, Doing this all under the GP 291. Liz From: Snider, Holley <holley.snider@ncdenr.gov> Sent: Thursday, September 30, 202112:02 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Hey Liz, I am getting ready to issue this. Are you using a 29 for the upland development? Thanks, Holley Snider . " ><((((°>•" ...""..><((((°>.."- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, September 16, 20214:01 PM To: Bodnar, Gregg <greeg.bodnar@ncdenr.aov> Cc: Snider, Holley <holley.snider@ncdenr.gov> Subject: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates - - - ---- — - - - --- _ - --- -_ - 'CAUTION:,ExternalemaiL Do not click links or open attachments u_nlessyou verify. Send allsuspicious email as an attachment to Report Spam: ` FYI ... see revised EPA comments below. I will be drafting our recommendations/condition letter in the near future. Holley: Where are you with the 401 process? Thanks, Liz From: Bowers, Todd <bowers.todd@epa.eov> Sent: Thursday, September 16, 20213:52 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, Thank you very much for forwarding the new information that pertains to the applicant's approach to providing further avoidance of impacts to wetlands and assurances of future buildings to not impact the remaining wetlands on -site. The additional site plans featuring the building plans and septic system locations, removing the waterline infrastructure in favor of the well water source for potable water and considering a narrower footprint of the access road have all contributed to my confidence that this project is better suited to go forward with minimal impact to adjacent wetlands. The stormwater permit information was especially helpful to determine the amount or percentage of proposed impervious surface anticipated for the future construction. The applicant has adequately addressed most of my concerns and I am pleased with our coordination on providing the applicant with agency feedback in a timely and efficient manner. Therefore, I am removing my former concerns with the project and I concur with the anticipated Corps decision to issue a permit for the proposed project under DA# SAW-2020-01507 associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Thank you for the opportunity to provide agency comments and feedback on the aforementioned proposed project. Please forward the final decision document or issued permit with conditions for this project so that I may adequately perform a post -permit review based on my previous comments. Best Regards, Todd Bowers Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.todd@eua.gov Note: I am currently teleworldng and away from the office. Please contact me via email or at 919.523.2637. From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil> Sent: Wednesday, September 15, 2021 11:11 AM To: Bowers, Todd <bowers.todd@epa.gov> Subject: RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Hi Todd, Please see the attached applicant response to your comments. The proposed wetland fill impact associated with the road access is now less than 0.10 acre. The applicant discusses avoidance and minimization measures taken to reduce the impact to aquatic resources and has revised the project purpose and need to more accurately reflect the intent of the project. Additionally, the applicant has provided building footprints for each lot which avoid further wetland impact, and has agreed to record deed notifications prior to the sale of lots within the proposed subdivision Compensatory mitigation is proposed at a 2:1 ratio through payment to the North East Cape Fear Umbrella Mitigation Bank. *At the time of application. Riparian credits associated with this bank were not vet been released, however are anticipated in the 31 quarter of 2021. Not sure where this bank stands at this point with the scheduled release of these credits. At your earliest convenience, please review the attached and let me know if it adequately addresses your concerns. Hope all is well, Liz From: Bowers, Todd <bowers.todd@epa.gov> Sent: Tuesday, August 10, 20213:01 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject CAMA GP 291 Major Permit request under DA Action ID SAW-2020-01507 dated August 3, 2021 (ePN via email). It is our understanding that the applicant, Travis Holder/Hampstead Investment Group, proposes to construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). I am concerned about this project for several reasons especially those that involve the Section 404(b)(1) Guidelines. The applicant has not performed a suitable alternatives analysis for meeting the project need or objective, which was stated as lot development to meet local housing demand. This analysis is lacking and the applicant has not made a justification for why homes need to be built in this location and result in the loss of waters of the United States. With an access road built in this location, each lot will undergo development and incur further impacts/permanent loss of Section 404 wetlands due to houses, infrastructure and septic tank installation. The road is only the beginning of the impact with more anticipated as the remaining lots leave little in the way of uplands to build upon. Since future development of this site is not an incidental outcome but a planned result,of this project, it is imperative that the applicant provide an analysis that includes these impacts so that a proper alternatives analysis can be performed, avoidance can be maximized, impacts to wetlands can be minimized and those impacts are properly compensated for. I am concerned about "temporary impacts" to bottomland hardwood wetlands for waterline installation. If a waterline is to remain in place, then this should be considered a permanent impact due to the fact that this line may have to undergo maintenance thus incurring impacts again. There is also a substantial temporal loss of function as it will take many years for bottomland hardwood species to reestablish their current prominence. Unless the applicant can guarantee minimal disturbance in the future and that the waterline will not interfere with the hydrology or root development on -site then those impacts should be considered a permanent loss of wetland, with resulting compensation offered. At this time, EPA Region 4 requests that the applicant provide a project purpose that demonstrates the need to build homes in this location and provide an alternatives analysis that demonstrates that a non -water dependent project such as this must impact waters of the United States to meet the project purpose. If lots 2 and 3 cannot be developed without the wetland impact then perhaps they should not be developed as the remaining upland will drastically limit development options even with the road in place and lead to further wetland loss. I think it is safe to assume that with this road installed, the remaining wetlands are under demonstrable threat of being permanently lost or severely degraded due to direct impacts from lot development and occupancy. Thank,you for the opportunity to provide oversight on DA Action ID SAW-2020-01507 construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Best Regards, Todd Bowers Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.todd(a eoa.gov Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637. From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, August 4, 20215:18 PM To: kathryn matthews@fws.gov: Leigh Mann@fws.gov; pace.wilber<Pace.Wilber@noaa.gov>; Pete Benjamin@fws.gov; Horton, James Todd CIV USARMY CESAW (USA) <James.T.Horton@usace.army.mil>; Arnette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette@usace.army.mil>; Environmental. Review@ncdcr.gov; Bowers, Todd <bowers.todd@eoa.gov>; ethan coble <Ethan.J.Coble@uscg.mil>; Fritz.rohde <Fritz.rohde@noaa.gov>; matthew.k.creelman2@uscg.mil: twyla.cheatwood <Twvla.Cheatwood@noaa.gov>; John <iohn ellis@fws.gov>; MacPherson, Tara <tara.macoherson@ncdenr.gov>; Howell, Jonathan <ionathan.howell@ncdenr.gov>; Wojoski, Paul A <Paul.Woioski@ncdenr.gov>; Snider, Holley <hollev.snider@ncdenr.gov>; Tranter, Kent W CIV USARMY CESAW (USA) <Kent.Tranter@usace.army.mil>; Bertram, Paul J BOSN3 <Paul.J.Bertram @uscg.mil>; Dail, Jason <lason.dail@ncdenr.gov>; Posey, Ward B CIV <Ward.B.Posev@uscg.mil> Cc: Charles, Thomas P CIV USARMY CESAW (USA)<thomas.p.charles@usace.armv.mil> Subject: [WARNING: UNSCANNABLE EXTRACTION FAILED](WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by September 2, 2021. The site is located within waters adjacent to the AIWW, located at 139 Dogwood Lane, in Hampstead, in Pender County, North Carolina. Approximate Coordinates in Decimal Degrees are 34.334469 N,-77.709570 W. The applicant is proposing to construct an access road for a proposed 5-lot residential subdivision, with an access pier/boardwalk to an island located within the adjacent marsh, and a kayak launch from the island into waters adjacent to Topsail Sound and the AIWW. Specifically, the applicant proposes to place fill material within 4,335 square_feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder' which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). *It should be noted that Riparian credits associated with this bank have not vet been released, however are anticipated in the 3rd quarter of 2021. Additionally, the applicant proposes to construct a 6' x 490' elevated boardwalk/pier that would span from the subdivision, east to the adjacent island (referred to on the Pender Co. GIS as S h and N'/:). The boardwalk (shown on page 23 of 68) would be elevated a minimum of 3' above the adjacent wetland substrate and would span mostly intertidal wetlands. The exception being a small 8' wide channel that exists between the upland and the island. In this location, the applicant proposes to raise the elevation of the boardwalk/pier to a height of 6' above the normal high water line. A kayak launch is proposed along the NE corner of the island. The kayak launch would consist of a 6' x 40' fixed pier that extends from high ground and terminates over an intertidal mudflat. Dredging is not proposed as a part of this project. The proposed kayak launch is more than 800 feet landward of the federal channel. Please see the attached field investigation report, application, kmz file, and plans for detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries, are classified as SA-ORW by the NC Division of Water Resources, and are OPEN to harvesting shell fish. Average water depths within the marsh fluctuate based on tide, and range from 0' to -3' at Normal Low Water (NLW). ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. The applicant included correspondence dated February 3, 2021, from the USFWS (reference Consultation Code: 04EN2000-2021-SLI-0616), which included a species list (labeled Attachment 6 in the application materials), and recommended surveys be completed if the project site contains suitable habitat for any of the 14 listed species in Pender County. Of these 14 species, 2 require further evaluation: West Indian Manatee: The Corps has determined that the project may affect, but is not likely to adversely affect the West Indian Manatee. The use of Manatee Guidelines may be required as a permit condition. Northern Long Eared Bat (NLEB): The applicant included a narrative which describes briefly that suitable habitat for these species does not exist onsite (specifically related to the NLEB, which prefers protected areas such as caves, underneath bridges, or underneath the flakey bark of mature trees in areas with little, to no wind). The applicant states that the site is a hostile environment due to wind, therefore, suitable habitat does not exist onsite. The Corps has determined that the activity would have No Effect on the NLEB. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions and provide comments at your earliest convenience, or by September 2, 2021. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil Work Cell: 910-512-4456 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, December 14, 2021 11:26 AM To: Dana Lutheran Cc: Howell, Jonathan Subject: Hampstead Investments Off Hold Morning Dana, Please accept this email as notification that the project has been taken off hold. The adjusted 75 day date is 12/24/21. 1 will circulate the updated workplans to the review agencies and ask for an expedited turn around on any outstanding comments. Thanks, Gregg rmn:0 Y—"g;DEQ" a�na�a,:...ww.� V Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 Boa 2808 ext 215 (Office) Greaa.Bodnar ncdenrgov Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. 1 Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, October 1, 2021 1:29 PM To: dlutheran@segi.us; Snider, Holley Cc: 'Hair, Sarah E CIV (USA)'; Bowers, Todd; Hall, Christine; Dail, Jason Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Attachments: LONGVIEW WETLAND IMPACT MAP REV 10-1-21 & ATTACH B.pdf, Ha mpstead I nvestGroup.drawings.pdf Afternoon Dana, Lots C&D are not indicated on the workplans on file with DCM. Current workplans that I have are attached above, along with your recent update. Sorry, but I am getting more confused and wondering if there are missing workplans, especially if there are lots (C&D) with BUA are located on the island and therefore within an AEC. Gregg From: dlutheran@segi.us <dlutheran@segi.us> Sent: Friday, October 1, 2021 12:32 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov> Cc:'Hair, Sarah E CIV (USA)' <Sarah.E.Hair@usace.army.mil>; Bowers, Todd <bowers.todd@epa.gov>; Hall, Christine <Christine. Hall @ ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. ALCON, 1. There are 9 separate lots, within in the proposed development. Lots C & D are on the island and will likely be used for open air pavilions, or some other type of amenity, thus they have been allocated a small amount of BUA. Of the 9 lots, 7 are wholly within the 575' AEC. The total area of the AEC is 230,960 SF and the proposed BUA, within the AEC, is 28,810 SF or 12% of the AEC. The map has been updated to reflect this information (see attached). 2. For ease of conversation and as you may have noticed, I revised the map and Attach B page to denote 'R-LVE", as the Longview Estate "Remainder" lot, and "R-OTE", as the Old Topsail Estates "Remainder" lot. Since the Applicant has not performed perk tests, on Lots 1 & 2, which are the only questionable lots, the Applicant has reserved R-LVE to serve as the off -site septic area for those two lots. If rM needed for off -site septic, a dwelling will be constructed on the lot.. I hope this clarifies things. If not please let me know. Dana Dana A. Lutheran paw, y/b -;p-0 q16_ ys;.-,�-'71 5out6em Environmental Group, Inc. 5315 South College [toad, Suite E Wilmington, NC 2841 2 0 ice:910.452.2j11 Mobile: 910.228.18+1 (Preferred) Wv .seggi.us From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, September 30, 20214:05 PM To: Snider, Holley <hollev.snider@ncdenr.gov>;'dlutheran@segi.us'<dlutheran segi.us> Cc: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil>; Bowers, Todd <bowers.todd@epa.gov>; Hall, Christine <Christine.Hall@ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Afternoon all, The CAMA application notes only 5 lots with the "Remainder" as Holley mentioned. It is unknown what that "Remainder" lot's purpose or intention is and if there is potential for development on that lot and what that may mean for BUA calculations within the ORW AEC. Please let me know if conditions have changed in relation to the documentation provided in the CAMA application. Thanks as well, Gregg From: Snider, Holley <holley.snider@ncdenr.gov> Sent: Thursday, September 30, 20213:48 PM To:'dlutheran@segi.us' <dlutheran@segi.us> Cc: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil>; Bowers, Todd <bowers.todd@epa.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Good afternoon Dana, Per our phone conversation, can you please clarify the number of single-family residential lots proposed for this development? The plat map submitted in response to the EPA, DWR and USACE RFAI indicates six (6) lots will be developed, two (2) along Dogwood Lane and four(4) accessed by the gravel road. The lot along Dogwood Lane labeled "remainder" shows a building pad and septic area. The attachment associated with the state stormwater (SW8210603) BUA allocation table does not correspond with the plat map and labeled lots submitted with the RFAI. The BUA table indicates Longview Estates and Old Topsail Estates, were any of these lots subdivided and why the distinction between the two? Were these properties previously permitted for development? This now appears to be common plan of development. Thanks in advance. Sincerely, Holley Snider ... ><((((°>•' ' .,,..><((((�>.•' Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 D_E Q�� MM111 (`f(Y)I lfy Oepu4mnl a fmVvw4nY1 moon 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Hair, Sarah E CIV (USA) <Sarah.E.Hair usace.armv.mil> Sent: Thursday, September 30, 2021 12:40 PM To: Snider, Holley <holley.snider@ncdenr.gov> Subject: RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates ;CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to :Report Spam. Hey Holley, Doing this all under the GP 291. Liz From: Snider, Holley <hollev.snider@ncdenr.gov> Sent: Thursday, September 30, 2021 12:02 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil> Subject: [Non-DoD Source] RE: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Hey Liz, I am getting ready to issue this. Are you using a 29 for the upland development? Thanks, HolleySnider.,' ><((((°>.' .......><((((°>.•'- Environmental Specialist 11 Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7304 �ar�n1 ua}_W1 M�YM�tlMNn� 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, September 16, 20214:01 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Snider, Holley <holley.snider ncdenr.gov> Subject: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates JTION: External email. Do not click links or open attachments unless you verify. as an FYI ... see revised EPA comments below. I will be drafting our recommendations/condition letter in the near future. Holley: Where are you with the 401 process? Thanks, Liz From: Bowers, Todd <bowers.todd@epa.rov> Sent: Thursday, September 16, 20213:52 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, to Thank you very much for forwarding the new information that pertains to the applicant's approach to providing further avoidance of impacts to wetlands and assurances of future buildings to not impact the remaining wetlands on -site. The additional site plans featuring the building plans and septic system locations, removing the waterline infrastructure in favor of the well water source for potable water and considering a narrower footprint of the access road have all contributed to, my confidence that this project is better suited to go forward with minimal impact to adjacent wetlands. The stormwater permit information was especially helpful to determine the amount or percentage of proposed impervious surface anticipated for the future construction. The applicant has adequately addressed most of my concerns and I am pleased with our coordination on providing the applicant with agency feedback in a timely and efficient manner. Therefore, I am removing my former concerns with the project and I concur with the anticipated Corps decision to issue a permit for the proposed project under DA# SAW-2020-01507 associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Thank you for the opportunity to provide agency comments and feedback on the aforementioned proposed project. Please forward the final decision document or issued permit with conditions for this project so that I may adequately perform a post -permit review based on my previous comments. Best Regards, Todd Bowers Todd Allen Bowers US EPA Region 4 Oceans, 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.todd@epa.gov Wetlands and Streams Protection Branch Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637. From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, September 15, 2021 11:11 AM To: Bowers, Todd <bowers.todd@epa.gov> Subject: RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Hi Todd, Please see the attached applicant response to your comments. The proposed wetland fill impact associated with the road access is now less than 0.10 acre. The applicant discusses avoidance and minimization measures taken to reduce the impact to aquatic resources and has revised the project purpose and need to more accurately reflect the intent of the project. Additionally, the applicant has provided building footprints for each lot which avoid furtherwetland impact, and has agreed to record deed notifications prior to the sale of lots within the proposed subdivision Compensatory mitigation is proposed at a 2:1 ratio through payment to the North East Cape Fear Umbrella Mitigation Bank. *At the time of application Riparian credits associated with this bank were not vet been released however are anticipated in the 3rd quarter of 2021 Not sure where this bank stands at this point with the scheduled release of these credits. At your earliest convenience, please review the attached and let me know if it adequately addresses your concerns. Hope all is well, Liz __ __ __ From: Bowers, Todd <bowers.todd@epa.gov> Sent: Tuesday, August 10, 20213:01 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject CAMA GP 291 Major Permit request under DA Action ID SAW-2020-01507 dated August 3, 2021 (ePN via email). It is our understanding that the applicant, Travis Holder/Hampstead Investment Group , proposes to construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pander County, North Carolina. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). I am concerned about this project for several reasons especially those that involve the Section 404(b)(1) Guidelines. The applicant has not performed a suitable alternatives analysis for meeting the project need or objective, which was stated as lot development to meet local housing demand. This analysis is lacking and the applicant has not made a justification for why homes need to be built in this location and result in the loss of waters of the United States. With an access road built in this location, each lot will undergo development and incur further impacts/permanent loss of Section 404 wetlands due to houses, infrastructure and septic tank installation. The road is only the beginning of the impact with more anticipated as the remaining lots leave little in the way of uplands to build upon. Since future development of this site is not an incidental outcome but a planned result of this project, it is imperative that the applicant provide an analysis that includes these impacts so that a proper alternatives analysis can be performed, avoidance can be maximized, impacts to wetlands can be minimized and those impacts are properly compensated for. I am concerned about "temporary impacts" to bottomland hardwood wetlands for waterline installation. If a waterline is to remain in place, then this should be considered a permanent impact due to the fact that this line may have to undergo maintenance thus incurring impacts again. There is also a substantial temporal loss of function as it will take many years for bottomland hardwood species to reestablish their current prominence. Unless the applicant can guarantee minimal disturbance in the future and that the waterline will not interfere with the hydrology or root development on -site then those impacts should be considered a permanent loss of wetland, with resulting compensation offered. At this time, EPA Region 4 requests that the applicant provide a project purpose that demonstrates the need to build homes in this location and provide an alternatives analysis that demonstrates that a non -water dependent project such as this must impact waters of the United States to meet the project purpose. If lots 2 and 3 cannot be developed without the wetland impact then perhaps they should not be developed as the remaining upland will drastically limit development options even with the road in place and lead to further wetland loss. I think it is safe to assume that with this road installed, the remaining wetlands are under demonstrable threat of being permanently lost or severely degraded due to direct impacts from lot development and occupancy. Thank you for the opportunity to provide oversight on DA Action ID SAW-2020-01507 construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Best Regards, Todd Bowers Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.todd@ena.gov Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637. VP�. From: Hair, Sarah E CIV (USA) <Sarah.E. Hair@ usace.army.mil> Sent: Wednesday, August 4, 20215:18 PM To: kathryn matthewsCcDfws.gov; Leigh Mann@fws.gov; pace.wilber<Pace.Wilber(c@noaa.gov>; Pete Benjamin@fws.gov; Horton, James Todd CIV USARMY CESAW (USA) <James.T.Horton P usace.armv.mil>; Arnette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette@usace.army.mil>; Environmental.Review@ncdcr.gov; Bowers, Todd <bowers.todd@epa.gov>; ethan coble <Ethan.J.Coble@uscg.mil>; Fritz.rohde <Fritz.rohde@noaa.gov>; matthew.k.creelman2@uscg.mil; twyla.cheatwood <Twvla.Cheatwood@noaa.gov>; John <iohn ellis@fws.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Howell, Jonathan <ionathan.howell@ncdenr.gov>; Wojoski, Paul A <Paul.Woioski@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Tranter, Kent W CIV USARMY CESAW (USA) <Kent.Tranter@usace.army.mil>; Bertram, Paul J BOSN3 <Paul.J.Bertram@uscg.mil>; Dail, Jason <lason.dail@ncdenr.gov>; Posey, Ward B CIV <Ward.B.Posey@uscg.mil> Cc: Charles, Thomas P CIV USARMY CESAW (USA)<thomas.p.charles@usace.armv.mil> Subject: [WARNING: UNSCANNABLE EXTRACTION FAILED][WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by September 2, 2021. The site is located within waters adjacent to the AIWW, located at 139 Dogwood Lane, in Hampstead, in Pender County, North Carolina: Approximate Coordinates in Decimal Degrees are 34.334469 N,-77.709570 W. The applicant is proposing to construct an access road for a proposed 5-lot residential subdivision, with an access pier/boardwalk to an island located within the adjacent marsh, and a kayak launch from the island into waters adjacent to Topsail Sound and the AIWW. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). *It should be noted that Riparian credits associated with this bank have not vet been Additionally, the applicant proposes to construct a 6' x 490' elevated boardwalk/pier that would span from the subdivision, east to the adjacent island (referred to on the Pender Co. GIS as S Y and N %). The boardwalk (shown on page 23 of 68) would be elevated a minimum of 3' above the adjacent wetland substrate and would span mostly intertidal wetlands. The exception being a small 8' wide channel that exists between the upland and the island. In this location, the applicant proposes to raise the elevation of the boardwalk/pier to a height of 6' above the normal high water line. A kayak launch is proposed along the NE corner of the island. The kayak launch would consist of a 6' x 40' fixed pier that extends from high ground and terminates over an intertidal mudflat. Dredging is not proposed as a part of this project. The proposed kayak launch is more than 800 feet landward of the federal channel. Please see the attached field investigation report, application, kmz file, and plans for detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries, are classified as SA-ORW by the NC Division of Water Resources, and are OPEN to harvesting shell fish. Average water depths within the marsh fluctuate based on tide, and range from 0' to -3' at Normal Low Water (NLW). ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. The applicant included correspondence dated February 3, 2021, from the USFWS (reference Consultation Code: 04EN2000-2021-SLI-0616), which included a species list (labeled Attachment 6 in the application materials), and recommended surveys be completed if the project site contains suitable habitat for any of the 14 listed species in Pender County. Of these 14 species, 2 require further evaluation: West Indian Manatee: The Corps has determined that the project may affect, but is not likely to adversely affect the West Indian Manatee. The use of Manatee Guidelines may be required as a permit condition. Northern Long Eared Bat (NLEB): The applicant included a narrative which describes briefly that suitable habitat for these species does not exist onsite (specifically related to the NLEB, which prefers protected areas such as caves, underneath bridges, or underneath the flakey bark of mature trees in areas with little, to no wind). The applicant states that the site is a hostile environment due to wind, therefore, suitable habitat does not exist onsite. The Corps has determined that the activity would have No Effect on the NLEB. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions and provide comments at your earliest convenience, or by September 2, 2021. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil Work Cell: 910-512-4456 Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, August 11, 2021 3:49 PM To: Dana Lutheran Cc: Dail, Jason Subject: Hampstead Investment Group Attachments: CMDF_Hampstead Investment Group -Long View Estates NCWRC.pdf Afternoon Dana, I wanted to pass along comments from WRC concerning the wetland fill. In discussions with USACE there are federal concerns that Liz will be sending shortly with similar concerns. I have reached out to DWR and DMF as well, and though I have not heard back, I am assuming that their comments will be similar to WRC. Once you receive any federal comments please let me know how you would like to proceed. The 75 day is 9/6/21 and depending on the extent of avoidance and minimization efforts this project may benefit from an applicant hold. In addition a scoping meeting to assist with avoidance and minimization efforts is also available to assist. if any additional comments come in from my request to DWR and DMF I will pass along as well. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 US 2US ext 215 (Office) Grejg&.BWn.ar@ncdenr.gov Email correspondence to and from this address is subject to the North CaroNna Publk Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director Southern Environmental Group Inc. Dana Lutheran dlutheran@segi.us NORTH CAROLINA Environmental QuafUy August 27, 2021 SUBJECT: Coastal Area Management Act (LAMA) Permit Application Submittal for Hampstead Investment Group Inc., in Pender County Dear Ms. Lutheran: This letter is in response to the above referenced CAMA Major Permit application, which was accepted as complete by the Division's Wilmington office on June 23, 2021. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: 1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). 2) Comments were received from the NC Division of Marine Fisheries (NC DMF) and NC Wildlife Resources Commission (NC WRC) detailing concerns with the proposed project and impacts to Section 404 wetlands. 3) Comments were forwarded by the US Army Corps of Engineers from the US Environmental Protection Agency (EPA) detailing concerns with the proposed project and suitable alternatives analysis and impacts to Section 404 wetlands. On August 26, 2021 the DWR placed the project on hold as proposed and requested additional information. I have provided the state agency comments and the DWR hold letter that includes the EPA comments within the email providing this notification for your reference. ,92-9rd North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 DocuSign Envelope ID: 4E8FAF66-3B84-40EA-923F-AD1A41350A46 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director ELECTRONIC COPY Hampstead Investment Group, Inc. ATTN: Travis Holder 156 Hammock Watch Way Hampstead, NC 28443 NORTH CAROLINA EnvironmenralQuallty August 26, 2021 Subject Property: 139 Dogwood Lane - Long View Estates Pender County REQUEST FOR MORE INFORMATION DWR Project #20211059 Pender County RECEIVED AUG 2 6 2021 MP SECTION MHD Dear: Mr. Holder, On June 30, 2021, the Division of Water Resources (DWR) received your CAMA major development permit application dated June 23, 2021 to allow for impacts associated with the construction of a road within wetlands, installation of a water line, and construction of a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina adjacentto Topsail Sound and Middle Sound Outstanding Resource Waters Area (SA;ORW). The Division of Water Resources (DWR) has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. Additional Information Requested: Mr. Todd Bowers of the Environmental Protection Agency (EPA) sent an email to Sarah Hair, Regulatory Specialist for the Wilmington District US Army Corps of Engineers (USACE) on August 10, 2021 outlining concerns regarding significant impacts to Section 404 wetlands, compliance with the Clean Water Act Section 404(b)(1), the proposed 24" culvert installation, water line installation and cumulative impacts associated with future development of the individual lots within the proposed subdivision. On July 27, 2021, the Wildlife Resource Commission Coastal Coordinator, Maria Dunn, expressed similar concerns regarding the wetland fill resulting in permanent removal of wetlands that serve as nutrient and run-off filters to improve and maintain open shell fishing waters and the Outstanding Resource Waters designation. The DWR believes that the cumulative impacts associated with the construction of a road within wetlands, installation of a water line, and construction of a new access pier%boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina would remove use and degrade the downstream surface waters resulting in a violation of the following Water Quality Standards: North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington.North Canotma28405 �vwexwwwer� /`� 910.796.7215 Long View Estates - Hampstead Investments, Inc. - DocuSign Envelope ID: 4E8FAF66-3B84-40EA-923F-AD1A41360A46 DWR#20211059 Page 2 of 3 15A NCAC 02B .0201 ANTIDEGREDATION POLICY (f) Activities regulated under Section 404 of the Clean WaterAct (33 USC.1344) which require a waternquality certification as described in Section 401 of the Clean Water Act (33 US 1341) shall be evaluated according to the procedures outlined in 15A NCAC 2H .0500. Activitieswhich receive a water quality certification pursuant to these procedures shall not be considered to remove existing uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H .0506(c) (1)-(5) in determining the potential impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H.0231. 15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS (1) Best Usage of Waters: shellfishing formarket purposes and any other usage specified by the "SB"or "SC" classification; (2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological standards as adopted by the Commission for Public Health and shall be suitable forshellfish culture. Any source of water pollution which precludes any of these uses, including their functioning as PNAs, on either a short-term_ or a long-term basis shall be considered to be violating a water quality standard; 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS (2)Saltwater: Water quality conditionsshall be maintained to protect the outstanding resource values of waters classified ORW. Management strategies to protect resource values shall be developed on a site -specific basis during the proceedings to classify waters as ORW. New development shall comply with the stormwaterprovisions as specified in 15A NCAC 02H .1000. Specific stormwater management requirements for saltwater ORWs are described in 15A NCAC 02H.1007. New non -discharge permits shall meet reduced loading rates and increased buffer zones, to be determined on a case -by -case basis. No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds of submerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC 031 .0101(b)(20)(A) and (B), except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the designated areas or maintenance dredging for activities such as agriculture. A public hearing is mandatoryfor any proposed permits to discharge to waters classified as ORW. The EPA email requests that the applicant provide a project purpose that demonstrates the need to build homes in this location and provide an alternatives analysis that demonstrates that a non -water dependent project such as this must impact waters of the United States to meet the project purpose. The WRC memorandum requested that the wetlands impact be reduced to the greatest extent practicable, and any impacts are mitigated for high quality wetlands located adjacent to Outstanding resource Waters. Additionally, the WRC requested that all lots be designed with no additional need for wetland fill for infrastructure and recommended that deed restrictions or easements are placed on the lots to prevent any future wetland impact requests. Based on the concerns and recommendations of the EPA and WRC, the DWR supports the recommendation to provide statements of project purpose and need, to provide an alternatives analysis and additional avoidance and minimization of wetland impacts that include recorded deed restrictions that prohibit wetland fill associated with individual lot development. Revis p s �,C_- AUG 2 6 2021 ' Long View Estates - Hampstead Investments, Inc. DocuSign Envelope ID: 4E8FAF66-3B84-40EA-923F-AD1A41360A46 DWR#20211059 Page 3 of 3 should include the approximate location of the septic systems on the individual lots. Please revise your application in accordance with the recommendations of the resource agencies. If the concerns of the resource agencies are not resolved the DWRwill move to denyyour application as required by 15A NCAC 2H.0506. If these concerns and recommendations are addressed to the satisfaction of the DMF, the DWR will have no objection. Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested information for the proper consideration of the application. If all the requested information is not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the DWR for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please contact Holley Snider at 910-796-7303 or holley.snider(&ncdenr.gov or myself at 910-796- 7218 or morella.sanchez-kingl7a ncdenr.gov if you have any questions or concerns. Sincerely, Docu510neC Cy: mot sD..c�vy—Livl E3ABA14AC]OC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: EPA Email WRC Memorandum CC: Greg Bodnar, DCM Morehead City Office -EC Tara MacPherson and Jason Dail, DCM Wilmington Office -EC Sarah Hair, USACE Wilmington Regulatory Field Office -EC Maria Dunn, WRC-EC Todd Bowers, EPA Region 4 Dana Lutheran, Consultant -EC DWR 401 & Buffer Permitting Branch file - LF WiRO AUG 2 6 2021 MAP SECTION 10ND DocuSign Envelope ID: 4EBFAF66-388440FA-923F-AD1A41350A46 RECEWED A U G 2 6 2021 From: Hair, Saran E CIV (USA) To: Snider. Holley: Dail. Jason: Bodnar. Greaa �(��g �pp cc: rheriec, Thom- PQV f i ARMY ESAWA) 1UP nfN SECTION D Subject: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates r V 4 Date: Tuesday, August 10, 2021 3:38:49 PM Attachments: imaoe002.ona CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Soam. FYI: EPA comments on proposed project below. From: Bowers, Todd <bowers.todd@epa.gov> Sent: Tuesday, August 10, 20213:01 PM To: Hair, Sarah E CIV (USA) <Sarah.E. Hair@ usace.army.mil> Subjeit: [Non-DoD.Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject CAMA GP 291 Major Permit request under DA Action ID SAW-2020-01507 dated August 3, 2021 (ePN via email). It is our understanding that the applicant, Travis Holder/Hampstead Investment Group, proposes to construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0:03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). I am concemed about this project for several reasons especially those that involve the Section 404(b)(1) Guidelines. The applicant has not performed a suitable alternatives analysis for meeting the project need or objective, which was stated as lot development to meet local housing demand. This analysis is lacking and the applicant has not made a justification for why homes need to be built in this location and result in the loss of waters of the United States. With an access road built in this location, each lot will undergo development and incur further impacts/permanent loss of Section 404 wetlands due to houses, infrastructure and septic tank installation. The road is only the beginning of the impact with more anticipated as the remaining lots leave little in the way of uplands to build DocuSign Envelope to: 4E8FAF66-3B8440EA-923F-AD1A41350A46 upon. Since future development of this site is not an incidental outcome but a planned result of this project, it is imperative that the applicant provide an analysis that includes these impacts so that a proper alternatives analysis can be performed, avoidance can be maximized, impacts to wetlands can be minimized and those impacts are properly compensated for. I am concerned about "temporary impacts" to bottomland hardwood wetlands for waterline installation. If a waterline is to remain in place, then this should be considered a permanent impact due to the fact that this line may have to undergo maintenance thus incurring impacts again. There is also a substantial temporal loss of function as it will take many years for bottomland hardwood species to reestablish their current prominence. Unless the applicant can guarantee minimal disturbance in the future and that the waterline will not interfere with the hydrology or root development on -site then those impacts should be considered a permanent loss of wetland, with resulting compensation offered. At this time, EPA Region 4 requests that the applicant provide a project purpose that demonstrates the need to build homes in this location and provide an alternatives analysis that demonstrates that a non -water dependent project such as this must impact waters of the United States to meet the project. purpose. If lots 2 and 3 cannot be developed without the wetland impact then perhaps they should not be developed as the remaining upland will drastically limit development options even with the road in place and lead to further wetland loss. I think it is safe to assume that with this road installed, the remaining wetlands are under demonstrable threat of being permanently lost or severely degraded due to direct Impacts from lot development and occupancy. Thank you for the opportunity to provide oversight on DA Action ID SAW-2020-01507 construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Best Regards, Todd Bowers Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.toddnn,eoa.nov Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637. AUG 2 6 2021 Una SECTION MHD DocuSign Envelope ID: 4E8FAF66-3B84-40EA-923F-AD1A41350A46 rCEIVED AUG 2 6 2021 M'sP SECTION N11-ID North Carolina Wildlife Resources Commission n Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: July 27, 2021 SUBJECT: CAMA Dredge/FW Permit Application for Hampstead Investment Group for Long View Estates, Pender County, North Carolina Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 139 Dogwood Lane adjacent the AIW W in Hampstead, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et scq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), us amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicant proposes to construct a five -lot residential subdivision that includes a boardwalk and kayak launch as amenities with Section 404 wetland fill for infrastructure. A portion of the proposed road would span wetlands between Lots 2 and 3, filling approximately 5,310 ftr of wetlands. A 24" culvert is proposed to maintain hydrologic connectivity. Between Lots A and 2 a 6' by 490' elevated boardwalk would he constructed 3' above wetland grade and extend from the subdivision east to the adjacent island. To allow navigation through an 8' wide channel, the boardwalk would be elevated 6' above the normal water level. Along the NE corner of the island a 6' by 40' fixed pier would terminate over an intertidal mudflat to establish a kayak launch. Water depths in this location are tidally dependent and range from -0' to -3' in depth. Approximately 72% of the project is within the 575' Area of Environmental Concern (AEC) with approximately 24% impervious within the AEC. At this time, it is unknown if a stormwater permit has been issued. The A1W W in this location is classified SA ORW by the Environmental Management Commission and is open to shellfish harvesting. On November 23, 2020 the NCWRC participated in a seeping meeting where the applicant proposed a project development that included a 10-slip docking facility. Concerns were raised by numerous agencies Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 -- a DocuSign Envelope ID: 4E8FAF66-3B8440EA•923F-AD1A41350A46 Page 2 regarding the facility and the impacts it would have on important aquatic resources. As a result, it appears the water access amenities have been altered. We appreciate the removal of the 10-slip facility in exchange for a kayak launch. Any future requests for slips within this area would receive comments of concern from our agency similar to those stated in the scoping meeting. The application states Section 404 wetland fill is necessary to establish aroad for the residential development. As stated during the previously referenced scoping meeting, any wetland fill for this development is concerning due to die proximity of SA ORW and open shellfish waters. Wetlands are important ecological features that provide habitat for numerous species as well as serve as a nutrient and runoff filters that improve and maintain a high level of water quality. Removal of wetlands or compromising their function is a concern. Therefore, we request wetland fill is reduced to the greatest extent possible and any impacts are mitigated at an appropriate ratio for high quality wetlands. In addition to statement regarding wetland fill for infrastructure, all lots should be designed as buildable with no additional heed for wetland fill. It is recommended deed restrictions or easements are placed on the lots to prevent any future wetland impact requests. If future wetland fill impacts are received, the impacts should be cumulative for the entire 6.81-acre parcel. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn(a newildl ife.org RECE QED AUG 2 6 2021 MP SECTION MHD MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Hampstead Investment Group, LLC, Pender County Date: August 23, 2021 This project is consistent and not in conflict with the Pender County Comprehensive Land Use Plan Update. The applicant proposes to construct a 5-lot residential subdivision to include section 404 type wetland fill, with infrastructure, boardwalk and kayak launch. The project is located at 139 Dogwood Lane in Hampstead, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT, ORW-ES and EW. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish (adjacent AIWW). The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation and Resource Protection. In general, Pender County allows development in Conservation and Resource Protection classified AECs which is consistent with the State's minimum use standards. The Pender County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File RECEIVED AUG 2 3 2021 NIP SECTION MHD DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD ov APPLICANT: Hampstead Investment Group, Inc. COUNTY: Pender PROJECT NAME: Long View Estates RECEIVED LOCATION OF PROJECT: 139 Dogwood Lane, adj to the AIWW in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-23-21 JUL 01 2021 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A DCM-MHD CITY FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (6W40)#3356S APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-6-21 END OF NOTICE DATE: 7-27-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 9-6-21 HOLDS:_ $hAt MAIL OUT DATE: 6-30-21 PERMIT FINAL ACTION: ISSUE DENY 150 DAY DEADLINE: STATE DUE DATE: 7-27-21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep (Z S_j.4 T ' DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401Section g 1 ILki ( DWR — Public Water Supply 7t 7-( Y� DEMLR - Stonnwater ISAzt2,( %✓ Z Q(ob DEMLR - Sed and Erosion DOA - State Property Office 7 Zv' Al ww a<4.4 f Wildlife Resources Commission 7 L WCHe j 04M( { DMF — Shellfish Section 71(d L 1< DMF — Habitat & Enhancement �l;�l fic,W DNCR — Archives & History DNCR—Natural Heritage Program NCDOT NC Dept of Commerce 7 1015, RECOMMENDATIONS F1' It is staffs recommendation that the proposal to construct a residential subdivision is consistent with the Rules of 15A NCAC 07H .0209 Coastal Shorelines. This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. Any permit issued should include standard conditions for docking facilities and upland development in the Estuarine Shoreline AEC. The proposed boardwalk and kayak pier construction would not provide any dockage for vessels and would be located within an intertidal Flat located off the AIWW. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b) (6), including the % width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. Based on the location and potential impacts to shallow bottom habitat and Submerged Aquatic Vegetation (SAV), it is recommended that deed restrictions be placed on each lot within the subdivision, preventing future docking facilities. RECEIVED JUL 01 2021 DCM-MHD CITY D_�Fq'� + a+ North Carolina Department of Environmental Quality I Division of coastal Management Wilmington Office 1127 cardinal Drive Extension I Wilmington, North Carohna 28405 910.796.7215 ROY COOPER Governor JOHN NICHOLSON interim Secretary BRAXTON DAVIS Director June 30, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(d) NCDE N R.gov SUBJECT: CAMA Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pender County Proposed Project: Proposal to construct a 5-lot residential subdivision (to include "404" type wetland fill), with infrastructure, boardwalk and kayak launch. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 27, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. .please see attached convents "Additional comments may be attached'* This agency has no comment on the proposed project. /W9 This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply RECEIVED SIGNATURE M"A &,,.4 JUL 1 2021 DATE 7-1-21 FAP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIMETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Envtronvientaf Quality 7/1/21 To: Greg Bodnar, NC Division of Coastal Management From: Mark Brown, NC Public Water Supply, Wilmington Regional Office Subject: CAMA Application Review Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pender County Proposed Project: Proposal to construct a 5-lot residential subdivision (to include "404" type wetland fill), with infrastructure, boardwalk and kayak launch. Please forward the following comments to the applicant: If applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18CSection.0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. Please also be aware of our separation requirements in regards to water/sewer according to 15A NCAC 18C Section .0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix A Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional questions. RECEIVED J U L 1 2021 NIP SECTION MHD D E Q North Carolina Department of Environmental Quality Div sbn of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 V • �+ 910.796.7215 ROY COOPER Governor JOHN NICHOLSON interim Secretary BRAXTON DAVIS Director June 30, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greoo. bodnar(aa)NCDENR.gov SUBJECT: CAMA Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pander County Proposed Project: Proposal to construct a 5-lot residential subdivision (to include "404" type wetland fill), with infrastructure, boardwalk and kayak launch. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 27, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation and RWQ SIGNATURE �Da�wsstr� 9Yr<ht.AlGa¢u_ for Shannon Jenkins G"4aCEo �q ED DATE 07/02/2021 JUL 6 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910,796.7215 xnmr ro m ROY COOPER Governor JOHN NICHOLSON Interim Secretary BRAXTON DAVIS Director June 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(iI1NCDENR.gov SUBJECT: CAMA Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIIAW in Hampstead, Pender County Proposed Project: Proposal to construct a 5-lot residential subdivision (to include "404" type wetland fill), with infrastructure, boardwalk and kayak launch. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 27, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ""Additional comments may be attached" This agency has no comment on the proposed project. — This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M A f, 2 fL l< l ✓ AGENCY 4l6: 1�8 AT !i 7 Cd6+I!%I 1WGL SIGNATURE nin' V1, RECEI'VED DATE 7%l&I l zj JUL 1 9 2021 t PAP SECTION PAIM DEQ�� North Carolina Department of Environmental Quality I Division of coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor JOHN NICHOLSON interim Secretary BRAXTON DAVIS Director June 30, 2021 MEMORANDUM: NORTH CAROLINA EnvironmentalQua6ty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) areag. bodnar(af.NCDENR.gov SUBJECT: CAMA Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pander County Proposed Project: Proposal to construct a Slot residential subdivision (to include 404" type we0and fill), with infrastructure, boardwalk and kayak launch. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoa Bodnar at the address above by July 27;_ 202l; If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supportingdata is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 41— This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Memo attached PRINTNAME Wanda Hilliard AGENCY State Property Office RECEDWIFED DATE July 20.2021 JUL 2 0 2021 PAP SECTION PAM North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 - ��� 910.796.7215 Roy Cooper, Governor North Carolina Department of Administration State Property Office July 20, 2021 TO: Greg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard (W&y.otat. �ctG.rundv Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Hampstead Investment Group, Inc. (Long View Estates) RE: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pender County Pamela B. Cashwell Secretary Tim Walton Dircctor Please confirm that the facilities are not located within the I000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. C PIJED JUL 2 0 2021 MP SECTION MWD State of North Carolina I State Property Office 96 Westjones Street, Suite 40S5 11321 MailServicectr. I Raleigh,NC27699 984 236 0270 T 1 Web: http://www.nc.spo.com Bodnar, Gregg From: Dunn, Maria T. Sent: Wednesday, September 1, 2021 4:34 PM To: Bodnar, Gregg Subject: RE: [External] RE: Hampstead Investments Inc DCM Hold Notice Thank you for keeping me in the loop on this. At this point, NCWRC still has concern with regard to wetland fill in area and how the property may lend itself to additional wetland fill with out deed restrictions and mitigation (Lots 2 and 3 more or less). The response did not really address the concerns, just gave their rationale, so I feel the comments I submitted earlier are still valid and should be considered as NCDWR goes through their permitting process. I'm not sure where that places you except waiting for NCDWR / USACE? From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 1, 2021 1:34 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Subject: FW: [External] RE: Hampstead Investments Inc DCM Hold Notice Afternoon all, Please see above and below for the response in reference to Hampstead Investments additional information request. Dana Lutheran responded to Liz separately but the above attachment includes the response to USACE. Please let me know of any comments/concerns with the response. Regards, G regg From: cl utheran@segims <dlutheran(g@segi.us> Sent: Wednesday, September 1, 2021 1:28 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dail, Jason <iason.dail ncdenr.gov>; Pietila, Tanya K <tanya.pietila@ncdenr.gov>; MacPherson, Tara <ta ra. macPherson@ ncdenr.gov> Subject: [External] RE: Hampstead Investments Inc DCM Hold Notice CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg I just realized the response to the USACE's and EPA's RFAI did not include the additional minimization efforts taken by the Applicant, to reduce the wetland impact associated with the road. Please discard the previous version and replace with the attached. I will be mailing the revised version to Liz in a minute. I will copy you. Thanks a bunch and sorry for the confusion. Dana Q North Carolina Wildlife Resources Commission Q Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar RECEIVED Division of Coastal Management North Carolina Department of Environmental Quality J U L 2 8 2021 *"g FROM: Maria T. Dunn, Coastal Coordinator � SECTION � � Habitat Conservation Division DATE: July 27, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for Hampstead Investment Group for Long View Estates, Pender County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 139 Dogwood Lane adjacent the AI W W in Hampstead, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicant proposes to construct a five -lot residential subdivision that includes a boardwalk and kayak launch as amenities with Section 404 wetland fill for infrastructure. A portion of the proposed road would span wetlands between Lots 2 and 3, filling approximately 5,310 ft2 of wetlands. A 24" culvert is proposed to maintain hydrologic connectivity. Between Lots A and 2 a 6' by 490' elevated boardwalk would be constructed 3' above wetland grade and extend from the subdivision east to the adjacent island. To allow navigation through an 8' wide channel, the boardwalk would be elevated 6' above the normal water level. Along the NE corner of the island a 6' by 40' fixed pier would terminate over an intertidal mudflat to establish a kayak launch. Water depths in this location are tidally dependent and range from -0' to -3' in depth. Approximately 72% of the project is within the 575' Area of Environmental Concern (AEC) with approximately 24% impervious within the AEC. At this time, it is unknown if a stormwater permit has been issued. The AIW W in this location is classified SA ORW by the Environmental Management Commission and is open to shellfish harvesting. On November 23, 2020 the NCWRC participated in a scoping meeting where the applicant proposed a project development that included a 10-slip docking facility. Concerns were raised by numerous agencies Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 regarding the facility and the impacts it would have on important aquatic resources. As a result, it appears the water access amenities have been altered. We appreciate the removal of the 10-slip facility in exchange for a kayak launch. Any future requests for slips within this area would receive comments of concern from our agency similar to those stated in the scoping meeting. The application states Section 404 wetland fill is necessary to establish a road for the residential development. As stated during the previously referenced scoping meeting, any wetland fill for this development is concerning due to the proximity of SA ORW and open shellfish waters. Wetlands are important ecological features that provide habitat for numerous species as well as serve as a nutrient and runoff filters that improve and maintain a high level of water quality. Removal of wetlands or compromising their function is a concern. Therefore, we request wetland fill is reduced to the greatest extent possible and any impacts are mitigated at an appropriate ratio for high quality wetlands. In addition to statement regarding wetland fill for infrastructure, all lots should be designed as buildable with no additional need for wetland fill. It is recommended deed restrictions or easements are placed on the lots to prevent any future wetland impact requests. If future wetland fill impacts are received, the impacts should be cumulative for the entire 6.81-acre parcel. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn(ubncwildl ife.org RECEIVED JUL 2 6 2021 MP SECTION MHO Received: 7/22/2021 Historic Preservation Office ROY COOPER Governor JOHN NICHOLSON fntennsecretary BRAXTON DAVIS DLmaor June 30, 2021 NORTH CAROLINA EnviromnentarQuaflty ER 21-1744 Due: 7/30/2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) greoo. bodnar(a)NCDENR.aov SUBJECT: CAMA NC - SBA 7/29/2021 NC - DLB 7/29/2021 Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pender County Proposed Project: Proposal to construct a 5-lot residential subdivision (to include "404" type wetland fill), with infrastructure, boardwalk and kayak launch. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 27, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office R ma' SIGNATURE DATE 7/30/2021 D Q�� REEMEIVED AUG 2 2021 PAP SECS 10H R19�-3�9 North Carolina Department of EnvironmentalQpality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 .910.796.7215 "i ROY COOPER Dovemor DIONNE DELLI-GATTI Secretary BRIAN WRENN Director July 22, 2021 Hampstead Investment Group, LLC Attn: Travis Holder, Manager 10280 US HWY 17 Wilmington, NC 28411 NORTH CAROLINA Environmental Quality Subject: State Stormwater Management Permit No. SW8 210603 Longview and Old Topsail Estates Residential Subdivisions Low Density Subdivision Project Pender County Dear Mr. Holder: The Wilmington Regional Office received a complete State Stormwater Management Permit Application for the subject project on July 20, 2021. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in ISA NCAC 2H.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW8 210603 dated July 22, 2021, for the construction of the built - upon areas (BUA) and vegetated conveyances associated with the subject project. This permit shall be effective from the date of issuance until rescinded and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Jessie Edmonds in the Wilmington Regional Office, at (910) 796-7215 or jessica.edmonds@ncdenr.gov. Sincerely, XBrian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Designer's Certification Form Attachment B — Built -Upon Area Allocation RECEIVED Application Documents DES/jme: \\\Stormwater\Permits & Projects\2021\210603 LD\2021 07 permit 210603 cc: Michael C. Gallant, PE; Michael C. Gallant, PE, PA A U G 1 2 2021 Pender County Planning Department NCDOT District Engineer Division of Coastal Management D. Wilmington Regional Office Stormwater File EaIP SECTION prvHID o D_Eo%Z North Carolina Department or Environmental Quality l Division of Energy. Mineral and Land Resources Wilmington Reglonal Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 20405 �� 910.796.7215 i State Stormwater Management Permit No. SW8 210603 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES AUG 1 2 2021 STATE STORMWATER MANAGEMENT PERMIT MP SEECTION MHD LOW DENSITY SUBDIVISION DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules'), PERMISSION IS HEREBY GRANTED TO Hampstead Investment Group, LLC Longview and Old Topsail Estates Residential Subdivisions Dogwood Lane, Hampstead, Pender County FOR THE construction, management, operation and maintenance of built -upon area (BUA) for a 12% low density subdivision project (the 'low density area") discharging to Class SA-ORW waters as outlined in the application, approved stormwater management plans, supplements, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable parts of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 38,210 square feet. The BUA requirements and allocations for this project are as follows: a. LOW DENSITY AREA BUA LIMITS. The low density area in the approved plans and specifications, must not exceed 12% per the requirements of the stormwater rules. Within this low density area, this permit approves a percent BUA of 12% and the construction of a total of 38,210 square feet of BUA. This permit does not provide any allocation of BUA for future development within this low density area. b. LOW DENSITY AREAS WITHIN 575 FEET OF SA-ORW WATERS: The overall percent of BUA permitted for the portion of project within 575 feet of SA-ORW waters must not exceed 12% per the requirements of the stormwater rules. Within 575 feet of SA-ORW waters, this permit approves a percent BUA of 12% and the construction of a total of 36,018 square feet of BUA. This permit does not provide any allocation of BUA for future development within 575 feet of SA-ORW waters. Page 1 of 6 State Stormwater Management Permit No. SW8 210603 c. BUA FOR INDIVIDUAL LOTS. Each of the 9 lots are limited to a maximum amount of BUA as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. d. CAMA AECs. Where a project or lot is located within CAMA's Area of Environmental Concern (AEC), the Division of Coastal Management (DCM) may calculate a different maximum BUA based on CAMA regulations, The more restrictive BUA limit will apply to the project. 2. PERVIOUS AREA IMPROVEMENTS. The following types of improvements are included in the project and considered pervious per the stormwater rules: a. #57 STONE. The project is proposing 12,960 square feet of #57 stone laid at least four inches thick over a geotextile fabric as a pervious surface for an access road. The underlying soil should not be mechanically compacted prior to installation. If, in the future, this pervious surface is found to no longer meet these requirements, a permit modification will be required. b. PERVIOUS WALKING TRAILS. A unpaved walking trail located between Lot 2 and Lot B has been demonstrated to be a pervious surface. 3. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are as follows: a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. This low density area and conveyances must be provided and maintained at the design condition. b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of piping under driveways and roads isallowed within the low density area when it cannot be avoided. No additional piping is allowed. c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. 4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point. 5. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintainedr in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenance:�seoX �,� lights that cannot practically be located elsewhere. o �9 b. RELEASE OF STORMWATER NOT TREATED IN A STORMWATER CONTROL MEASURE (SCM). Stormwater that is not treated in an SCM, such as in the I4YK d�nsity�021 area (including roof drains), must be released at the edge of the vegetated s ack a6d allowed to flow through the setback as dispersed flow. Page 2 of 6 State Stormwater Management Permit No. SW8 210603 6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. The final recorded plats must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: i. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 210603, as issued by the Division of Energy. Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) per lot is as shown in Attachment B. This allotted amount includes any BUA constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. For those lots within the CAMA Area of Environmental Concern, where DCM calculates a different maximum lot BUA, the governing maximum lot BUA shall be the more restrictive of the two amounts. viii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. ix. Filling in, piping or altering any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. X. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. xi. All roof drains shall be released no closer than at the edge of the 50-foot wide vegetated setback and allowed to flow through the setback as dispersed flow. At no time shall stormwater runoff be piped into or through the setback. xii. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. e, DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy �ee �jq_ e{�,_m___r conditions and the approved plans and specifications are maintained inT�ettsit o� �� CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. AUG 1 2 2021 Page 3 of 6 MP SECTION PJIHD e State Stormwater Management Permit No. SW8 210603 a. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE., During construction, all operation and maintenance for the project and stormwater system shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are no longer needed. b. FINAL GRADING. The vegetated areas and vegetated conveyances shall be entirely constructed and vegetated. Once the final grading is completed and the site is stabilized, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. 8. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications, except for minimum driveway crossings. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the BUA, details, etc. b. Redesign or addition to the approved amount of BUA. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved stormwater collection system and/or vegetative conveyance shown on the approved plan, except for minimum driveway crossings within the low density area. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved.plans and specifications. h. Other modifications as determined by the Director. 9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the: approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density ER%� its e(EJ) the requirements of low density, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or rece1n�UC pl measures shall receive a permit from the Division prior to construction. AUG 17251 Page 4 of 6 E'p i SECTION NAND State Stormwater Management Permit No. SW8 210603 b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee. 12. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; ii. The assignment of declarant rights to another individual or entity; iii. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; V. Bankruptcy; vi. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 13. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot, within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC to conduct individual lot reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the e i�te � . M �^a responsibility to maintain compliace with the conditions of the per jj t I p�abvLrf plans and specifications. AUG 1 2 2021 Page 5 of 6 MP SECTION MHD State Stormwater Management Permit No. SW8 210603 c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. f. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. g. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local. State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 22 day of July 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Director Division Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 210603 AUG 1 2 2021 Page 6 of 6 State Stotmwater Management Permit No. SW6 210603 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section orphase of the project. CE8V1�_ AUG 1 2 2021 Page 1 of 1 Attachment B - BUA Lot Allocations Longview and Old Topsail Estates Permit No. SW8 210603 Subdivision Lot # Max BUA, sf Longview Remainder 4,700 Longview Lot A 5,527 Longview Lot B 5,527 Longview Lot C 1,000 Longview Lot D 1,000 Old Topsail Estates Remainder 4,700 Old Topsail Estates Lot 1 4,700 Old Topsail Estates Lot 2 5,528 Old Topsail Estates Lot 3 5,528 RECEIVED AUG 1 2 2021 R Bodnar, Gre From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil>�� Sent: Tuesday, August 10, 2021 3:38 PM �� ] To: Snider, Holley; Dail, Jason; Bodnar, Gregg-�{�Z_i'ri'�-� Cc: Charles, Thomas P CIV USARMY CESAW (USA) Subject: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. FYI: EPA comments on proposed project below. From: Bowers, Todd <bowers.todd@epa.gov> Sent: Tuesday, August 10, 2021 3:01 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source) RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject CAMA GP 291 Major Permit request under DA Action ID SAW-2020-01507 dated August 3, 2021 (ePN via email). It is our understanding that the applicant, Travis Holder/Hampstead Investment Group, proposes to construct a road within wetlands, install a water line, and construct a new access pieriboardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pander County, North Carolina. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). I am concerned about this project for several reasons especially those that involve the Section 404(b)(1) Guidelines. The applicant has not performed a suitable alternatives analysis for meeting the project need or objective, which was stated as lot development to meet local housing demand. This analysis is lacking and the applicant has not made a justification for why homes need to be built in this location and result in the loss of waters of the United States. With an access road built in this location, each lot will undergo development and incur further impacts/permanent loss of Section 404 wetlands due to houses, infrastructure and septic tank installation. The road is only the beginning of the impact with more anticipated as the remaining lots leave little in the way of uplands to build upon. Since future development of this site is not an incidental outcome but a planned result of this project, it is imperative that the applicant provide an analysis that includes these impacts so that a proper alternatives analysis can be performed, avoidance can be maximized, impacts to wetlands can be minimized and those impacts are properly compensated for. L I am concerned about "temporary impacts" to bottomland hardwood wetlands for waterline installation. If a waterline is to remain in place, then this should be considered a permanent impact due to the fact that this line may have to undergo maintenance thus incurring impacts again. There is also a substantial temporal loss of function as it will take many years for bottomland hardwood species to reestablish their current prominence. Unless the applicant can guarantee minimal disturbance in the future and that the waterline will not interfere with the hydrology or root development on -site then those impacts should be considered a permanent loss of wetland, with resulting compensation offered. At this time, EPA Region 4 requests that the applicant provide a project purpose that demonstrates the need to build homes in this location and provide an alternatives analysis that demonstrates that a non -water dependent project such as this must impact waters of the United States to meet the project purpose. If lots 2 and 3 cannot be developed without the wetland impact then perhaps they should not be developed as the remaining upland will drastically limit development options even with the road in place and lead to further wetland loss. I think it is safe to assume that with this road installed, the remaining wetlands are under demonstrable threat of being permanently lost or severely degraded due to direct impacts from lot development and occupancy. Thank you for the opportunity to provide oversight on DA Action ID SAW-2020-01607 construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Best Regards, Todd Bowers. Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.toddQena.gov Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637 From: Hair, Sarah E CIV (USA) <Sarah.E.Hair usace.army.mil> Sent: Wednesday, August 4, 20215:18 PM To: kathryn matthews@fws.gov; Leigh Mann@fws.gov; pace.wilber <Pace.Wilber@noaa.goy>; Pete Benjamin@fws.gov; Horton, James Todd CIV USARMY CESAW (USA) <lames.T.Horton @usace.armv.mil>; Annette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette@usace.armv.mil>; Environmental. Review@ncdcr.gov; Bowers, Todd <bowers.todd@epa.go_v>; ethan coble <Ethan.J.Coble@uscg.mil>; Fritz.rohde <Fritz.rohde@noaa.gov>; matthew.k.creelman2@uscg.mil; twyla.cheatwood <Twvla.Cheatwood@noaa.gov>; John <j-ohn ellis@fws.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Howell, Jonathan <ionathan.howell@ncdenr.gov>; Wojoski, Paul A <Paul.Woioski@ncdenr.gov>; Snider, Holley <hollev.snider@ncdenr.gov>; Tranter, Kent W CIV USARMY CESAW (USA) <Kent Tranter@usace.army.mil>; Bertram, Paul J BOSN3 <PauI.J.Bertram@uscg.n2 l>; Dail, Jason <iason.dail @ncdenr.gov>; Posey, Ward B CIV <Ward.B.POSEV@usca.mil> Cc: Charles, Thomas P CIV USARMY CESAW (USA) <thomas.p charles@usace.armv.mil> Subject: [WARNING: UNSCANNABLE EXTRACTION FAILED][WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by September 2, 2021. The site is located within waters adjacent to the AIWW, located at 139 Dogwood Lane, in Hampstead, in Pender County, North Carolina. Approximate Coordinates in Decimal Degrees are 34.334469 N,-77.709570 W. The applicant is proposing to construct an access road for a proposed 5-lot residential subdivision, with an access pier/boardwalk to an island located within the adjacent marsh, and a kayak launch from the island into waters adjacent to Topsail Sound and the AIWW. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). *It should be noted that Riparian credits associated with this bank have not vet been released however are anticipated in the 31d quarter of 2021. Additionally, the applicant proposes to construct a 6' x 490' elevated boardwalk/pier that would span from the subdivision, east to the adjacent island (referred to on the Pender Co. GIS as S %: and N %). The boardwalk (shown on page 23 of 68) would be elevated a minimum of 3' above the adjacent wetland substrate and would span mostly intertidal wetlands. The exception being a small 8' wide channel that exists between the upland and the island. In this location, the applicant proposes to raise the elevation of the boardwalk/pier to a height of 6' above the normal high water line. A kayak launch is proposed along the NE corner of the island. The kayak launch would consist of a 6' x 40' fixed pier that extends from high ground and terminates over an intertidal mudflat. Dredging is not proposed as a part of this project. The proposed kayak launch is more than 800 feet landward of the federal channel. Please see the attached field investigation report, application, kmz file, and plans for detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries, are classified as SA-ORW by the NC Division of Water Resources, and are OPEN to harvesting shell fish. Average water depths within the marsh fluctuate based on tide, and range from 0' to -3' at Normal Low Water (NLW). ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. The applicant included correspondence dated February 3, 2021, from the USFWS (reference Consultation Code: 04EN2000-2021-SLI-0616), which included a species list (labeled Attachment 6 in the application materials), and recommended surveys be completed if the project site contains suitable habitat for any of'the 14 listed species in Pender County. Of these 14 species, 2 require further evaluation: West Indian Manatee: The Corps has determined that the project may affect, but is not likely to adversely affect the West Indian Manatee. The use of Manatee Guidelines may be required as a permit condition. Northern Lone Eared Bat (NLEB): The applicant included a narrative which describes briefly that suitable habitat for these species does not exist onsite (specifically related to the NLEB, which prefers protected areas such as caves, underneath bridges, or underneath the flakey bark of mature trees in areas with little, to no wind). The applicant states that the site is a hostile environment due to wind, therefore, suitable habitat does not exist onsite. The Corps has determined that the activity would have No Effect on the NLEB. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions and provide comments at your earliest convenience, or by September 2, 2021. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.armv.mil Work Cell: 910-512-4456 ROY COOPER Governor JOHN NICHOLSON interim Secretary BRAXTON DAVIS Director June 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greao. bodnar(G)NCDEN R.00v SUBJECT: CAMA Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pander County Proposed Project: Proposal to construct a 5-lot residential subdivision (to include "404" type wetland rill), with infrastructure, boardwalk and kayak launch. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 27, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. *`Additional comments may be attached" This agency has no comment on the proposed project. XThis agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE /aN,&&LAZ DATE 08/13/2021 �Dg AUG 1 3 2021 MP SECTION MHD North Carolina Department of Environmental Quallty I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director KWHOWMMIMU TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: Hampstead Investment Group, Inc. (Long View Estates), Pender County DATE: July 27, 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The project site is located at 139 Dogwood Lane adjacent the AIWW in Hampstead, NC. The waters of the AIWW adjacent to the project site are classified as SA- ORW by the North Carolina Division of Water Quality. They are not designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are open to the harvest of shellfish. Pender County's Land Use Plan (LUP) classifies the upland areas as limited transition and all other areas as Conservation, however, the Land Use Plan includes all Areas of Environmental Concern (AEC) as well as the 404 wetlands in the Conservation class. The applicant is proposing to construct a five -lot residential subdivision that includes a boardwalk and kayak launch as amenities with Section 404 wetland fill for infrastructure. A portion of the proposed road would span wetlands between Lots 2 and 3, filling approximately 5,310 ft2 of wetlands. A 24" culvert is proposed to maintain hydrologic connectivity. Between Lots A and 2 a 6' by 490' elevated boardwalk would be constructed 3' above wetland grade and extend from the subdivision east to the adjacent island. To allow navigation through an 8' wide channel, the boardwalk would be elevated 6' above the normal water level. Along the NE corner of the island a 6' by 40' fixed pier would terminate over an intertidal mudflat to establish a kayak launch. Water depths in this location are tidally dependent and range from -0' to -Yin depth. Approximately 72% of the project is within the 575' Area of Environmental Concern (AEC) with approximately 24% impervious within the AEC. On November 23, 2020 a scoping meeting was held where the applicant proposed a project development that included a 10-slip docking facility. Concerns were raised by numerous agencies regarding the facility and the impacts it would have on important aquatic resources. As a result, it appears the water access amenities have been altered. We support the removal of the 10-slip facility in exchange for a kayak launch. Any future requests for RECEmI ED State ofNarth Carding I Division of Marine Fisheries AUG 1 3 2021 34410irendell Street I P.O.B=769I Morehead Chy,North Carolina28557 252-726-7021 SECTION M slips within this area would receive comments of concern from our agency similar to those stated in the scoping meeting. The application states Section 404 wetland fill is necessary to establish a road for the residential development. During scoping meeting, concerns were raised that any wetland fill for this development could cause impacts due to the proximity of SA ORW and open shellfish waters. Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus -based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Therefore, DMF request wetland fill is minimized so any impacts are mitigated at an appropriate ratio for high quality wetlands. In addition to statement regarding wetland fill for infrastructure, all lots should be designed as buildable with no additional need for wetland fill. It is recommended deed restrictions or easements are placed on the lots to prevent any future wetland impact requests. If future wetland fill impacts are received, the impacts should be cumulative for the entire 6.81-acre parcel. Thank you for consideration of our comments. Please contact Kimberlee Harding at or at kimberlee.hardingOncdenr.gov with any further questions or concerns. K"CEiVE® AUG 1 3 2G21 RAP SECTION MHO State of North Carolina I ixvlslon of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 Bodnar, Gre From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, September 16, 2021 4:01 PM To: Bodnar, Gregg Cc: Snider, Holley Subject: [External] FW: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. FYI ... see revised EPA comments below. I will be drafting our recommendations/condition letter in the near future. Holley: Where are you with the 401 process? Thanks, Liz From: Bowers, Todd <bowers.todd@epa.gov> Sent: Thursday, September 16, 2021 3:52 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source) RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, Thank you very much for forwarding the new information that pertains to the applicant's approach to providing further avoidance of impacts to wetlands and assurances of future buildings to not impact the remaining wetlands on -site. The additional site plans featuring the building plans and septic system locations, removing the waterline infrastructure in favor of the well water source for potable water and considering a narrower footprint of the access road have all contributed to my confidence that this project is better suited to go forward with minimal impact to adjacent wetlands. The stormwater permit information was especially helpful to determine the amount or percentage of proposed impervious surface anticipated for the future construction. The applicant has adequately addressed most of my concerns and I am pleased with our coordination on providing the applicant with agency feedback in a timely and efficient manner. Therefore, I am removing my former concerns with the project and I concur with the anticipated Corps decision to issue a permit for the proposed project under DA# SAW-2020-01507 associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Thank you for the opportunity to provide agency comments and feedback on the aforementioned proposed project. Please forward the final decision document or issued permit with conditions for this project so that I may adequately perform a post -permit review based on my previous comments. Best Regards, Todd Bowers Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.todd(a)ena.gov Note: I am currently teleworldng and away from the office. Please contact me via email or at 919.523.2637. From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, September 15, 2021 11:11 AM To: Bowers, Todd <bowers.toddCZDepa.gov> Subject: RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Hi Todd, Please see the attached applicant response to your comments. The proposed wetland fill impact associated with the road access is now less than 0.10 acre. The applicant discusses avoidance and minimization measures taken to reduce the impact to aquatic resources and has revised the project purpose and need to more accurately reflect the intent of the project. Additionally, the applicant has provided building footprints for each lot which avoid further wetland impact, and has agreed to record deed notifications prior to the sale of lots within the proposed subdivision Compensatory mitigation is proposed at a 2:1 ratio through payment to the North East Cape Fear Umbrella Mitigation Bank. *At the time of application, Riparian credits associated with this bank were not vet been released, however are anticipated in the 3rd quarter of 2021. Not sure where this bank stands at this point with the scheduled release of these credits. At your earliest convenience, please review the attached and let me know if it adequately addresses your concerns. Hope all is well, Liz From: Bowers, Todd <bowers.todd@epa.gov> Sent: Tuesday, August 10, 20213:01 PM To: Hair, Sarah E CIV (USA) <Sarah.E.HairOusace.armv.mil> Subject: [Non-DoD Source] RE: CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates Liz, The EPA Region 4 Ocean, Wetlands and Streams Protection Branch has reviewed the subject CAMA GP 291 Major Permit request under DA Action ID SAW-2020-01507 dated August 3, 2021 (ePN via email). It is our understanding that the applicant, Travis Holder/Hampstead Investment Group , proposes to construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). I am concerned about this project for several reasons especially those that involve the Section 404(b)(1) Guidelines. The applicant has not performed a suitable alternatives analysis for meeting the project need or objective, which was stated as lot development to meet local housing demand. This analysis is lacking and the applicant has not made a justification for why homes need to be built in this location and result in the loss of waters of the United States. With an access road built in this location, each lot will undergo development and incur further impacts/permanent loss of Section 404 wetlands due to houses, infrastructure and septic tank installation. The road is only the beginning of the impact with more anticipated as the remaining lots leave little in the way of uplands to build upon. Since future development of this site is not an incidental outcome but a planned result of this project, it is imperative that the applicant provide an analysis that includes these impacts so that a proper alternatives analysis can be performed, avoidance can be maximized,, impacts to wetlands can be minimized and those impacts are properly compensated for. I am concerned about "temporary impacts" to bottomland hardwood wetlands for waterline installation. If a waterline is to remain in place, then this should be considered a permanent impact due to the fact that this line may have to undergo maintenance thus incurring impacts again. There is also a substantial temporal loss of function as it will take many years for bottomland hardwood species to reestablish their current prominence. Unless the applicant can guarantee minimal disturbance in the future and that the waterline will not interfere with the hydrology or root development on -site then those impacts should be considered a permanent loss of wetland, with resulting compensation offered. At this time, EPA Region 4 requests that the applicant provide a project purpose that demonstrates the need to build homes in this location and provide an alternatives analysis that demonstrates that a non -water dependent project such as this must impact waters of the United States to meet the project purpose. If lots 2 and 3 cannot be developed without the wetland impact then perhaps they should not be developed as the remaining upland will drastically limit development options even with the road in place and lead to further wetland loss. I think it is safe to assume that with this road installed, the remaining wetlands are under demonstrable threat of being permanently lost or severely degraded due to direct impacts from lot development and occupancy. Thank you for the opportunity to provide oversight on DA Action ID SAW-2020-01607 construct a road within wetlands, install a water line, and construct a new access pier/boardwalk, and kayak launch, associated with a proposed 5-lot residential subdivision at 139 Dogwood Lane, in Hampstead, Pender County, North Carolina. Best Regards, Todd Bowers Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.toddna ena.gov Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637. 0 From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.armv.mil> Sent: Wednesday, August 4, 20215:18 PM To: kathryn matthews@fws.gov;Leigh Mann@fws.gov; pace.wilber <Pace.Wilber@noaa.gov>; Pete Beniamin@fws.gov; Horton, James Todd CIV USARMY CESAW (USA) <James.T.Horton@usace.armv.mil>; Arnette, Justin R CIV USARMY CESAW (USA)<Justin.R.Arnette@usace.army.mil>; Environmental.Review@ncdcr.gov; Bowers, Todd <bowers.todd@epa.gov>; ethan coble <Ethan.J.Coble@uscg.mil>; Fritz.rohde <Fritz.rohde@noaa.gov>; matthew.k.creelman2@uscg.mil; twyla.cheatwood <Twvla.Cheatwood 7a noaa.eov>; John <iohn ellis@fws.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Howell, Jonathan <lonathan.howell@ncdenuov>; Wojoski, Paul A <Paul.Woioski@ncdenr.gov>; Snider, Holley <hollev.snider@ncdenr.gov>; Tranter, Kent W CIV USARMY CESAW (USA) <Kent.Tranter@usace.armv.mil>; Bertram, Paul J BOSN3 <Paul.J.Bertram@uscg.mil>; Dail, Jason <iason.dail@ncdenr.gov>; Posey, Ward B CIV <Ward.B.Posey@uscg.mI[> Cc: Charles, Thomas P CIV USARMY CESAW (USA)<thomas.p.charles@usace.armv.mil> Subject: [WARNING: UNSCANNABLE EXTRACTION FAILED][WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR/GP 291/SAW-2020-01507/ Dogwood Lane/Long View Estates All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by September 2, 2021. The site is located within waters adjacent to the AIWW, located at 139 Dogwood Lane, in Hampstead, in Pender County, North Carolina, Approximate Coordinates in Decimal Degrees are 34.334469 N,-77.709570 W. The applicant is proposing to construct an access road for a proposed 5-lot residential subdivision, with an access pier/boardwalk to an island located within the adjacent marsh, and a kayak launch from the island into waters adjacent to Topsail Sound and the AIWW. Specifically, the applicant proposes to place fill material within 4,335 square feet (-0.10 acre) of wetlands in order to construct an 18'-20' wide X 515' long gravel access road (w/ "hammer -head" turnaround at terminus). The road would begin along the ROW of Dogwood Lane and run through the central portion of the property in order to provide access to each lot (with the exception of lot 1 and one lot labeled "remainder" which are accessible from Dogwood Lane). A single 24" reinforced concrete pipe is proposed to be placed underneath the roadway in order to maintain hydrology of the northern portion of the remaining wetland to downstream waters. Temporary impacts to wetlands onsite are associated with waterline installation along/adjacent to the proposed roadway, and total 0.03 acres (1,370 square feet). The applicant proposes to provide compensatory mitigation for the unavoidable permanent wetland impacts through payment into the North East Cape Fear Umbrella Mitigation Bank at a 2:1 ratio (preliminary credit reservation letter attached). *It should be noted that Riparian credits associated with this bank have not vet been released, however are anticipated in the 3rd quarter of 2021. Additionally, the applicant proposes to construct a 6' x 490' elevated boardwalk/pier that would span from the subdivision, east to the adjacent island (referred to on the Pender Co. GIS as S % and N %:). The boardwalk (shown on page 23 of 68) would be elevated a minimum of 3' above the adjacent wetland substrate and would span mostly intertidal wetlands. The exception being a small 8' wide channel that exists between the upland and the island. In this location, the applicant proposes to raise the elevation of the boardwalk/pier to a height of 6' above the normal high water line. A kayak launch is proposed along the NE corner of the island. The kayak launch would consist of a 6' x 40' fixed pier that extends from high ground and terminates over an intertidal mudflat. Dredging is not proposed as a part of this project. The proposed kayak launch is more than 800 feet landward of the federal channel. Please see the attached field investigation report, application, kmz file, and plans for detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries, are classified as SA-ORW by the NC Division of Water Resources, and are OPEN to harvesting shell fish. Average water depths within the marsh fluctuate based on tide, and range from 0' to -3' at Normal Low Water (NLW). ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. The applicant included correspondence dated February 3, 2021, from the USFWS (reference Consultation Code: 04EN2000-2021-SLI-0616), which included a species list (labeled Attachment 6 in the application materials), and recommended surveys be completed if the project site contains suitable habitat for any of the 14 listed species in Pender County. Of these 14 species, 2 require further evaluation: West Indian Manatee: The Corps has determined that the project may affect, but is not likely to adversely affect the West Indian Manatee. The use of Manatee Guidelines may be required as a permit condition. Northern Lone Eared Bat (NLEB): The applicant included a narrative which describes briefly that suitable habitat for these species does not exist onsite (specifically related to the NLEB, which prefers protected areas such as caves, underneath bridges, or underneath the flakey bark of mature trees in areas with little, to no wind). The applicant states that the site is a hostile environment due to wind, therefore, suitable habitat does not exist onsite. The Corps has determined that the activity would have No Effect on the NLEB. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions and provide comments at your earliest convenience, or by September 2, 2021. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sara h.e.hairCdusace.armv.mil Work Cell: 910-512-4456 tDocuSign Envelope ID: 883D41AC-CA70-44AC-90Ba-65EDAFEDE84P ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Dlrector Hampstead Investment Group, Inc. Attn: Travis Holder 156 Hammock Watch Way Hampstead, NC 28443 NORTH CAROLINA ElniekwMa dd QuaRty December 10, 2021 Subject: Approval of Individual 401 Water Quality Certification Long View Estates USACE Action ID. No. SAW-2020-01507 Dear Mr. Holder: 1 I:&.— EI V ED DEC 2 , gezj P iP ECTION MHD DWR # 20211059 Pender County Attached hereto is a copy of Certification No. WQC004562 issued to Travis Holder and Hampstead Investment group, dated June 15, 2021. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. D_E Q North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 Bodnar, Gregg From: Howell, Jonathan Sent: Friday, December 17, 2021 10:57 AM To: Bodnar, Gregg Subject: FW: [External] FW: Hampstead Investments Off Hold Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. Howellna.ncdenr. oov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dana Lutheran <dlutheran@segi.us> Sent: Thursday, December 16, 20215:09 PM To: Howell, Jonathan <jonathan.howell@ncdenr.gov> Subject: Fwd: [External] FW: Hampstead Investments Off Hold CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Soam. See below. Get Outlook for iOS From: Snider, Holley <hollev.snider@ncdenr.Rov> Sent: Thursday, December 16, 20215:02 PM To: dlutheran@segi.us Cc: Luck, Cameron A; Hair, Sarah E SAW Subject: RE: [External] FW: Hampstead Investments Off Hold The project is being authorized by Individual Water Quality Certification #WQC004562. I am still awaiting Morelia's signature on the final document. Hopefully she will send it tomorrow. My apologies. Holley Snider . " ><((((°>." .......><(((('>. " Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910)796-7303 ppu�,mlellmaomm�m ouu� /� 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: dlutheran@segi.us <dlutheran@seai.us> Sent: Thursday, December 16, 20213:56 PM To: Snider, Holley <holley.snider@ncdenr.gov> Subject: FW: [External] FW: Hampstead Investments Off Hold CAUTION: Externalemail. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to j Report Spam. Halley, Can you give me the DWR project number, under which this project is being issued? The DCM needs it for their permit. Dana A. Lutheran 5out6em Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 2841 2 Office: 910.452.271 1 jV)o6ile:910.228.18+1 (Preferred) Ww .seQi.us From: Snider, Holley <hollev.snider@ncdenr.gov> Sent: Tuesday, December 14, 20213:51 PM To: dlutheran@seai.us; 'Hair, Sarah E CIV (USA)' <Sarah.E.Hair@usace.army.mil> Subject: RE: [External] FW: Hampstead Investments Off Hold Good afternoon, The water quality certification was drafted on Friday, sent out for signature and will be distributed as soon as it is returned. Please let me know if you have any questions. Sincerely, Holley Snider . "— ><((((�>•" ,,,,,><((((�>.•'- Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 D_E Q�5 WgN�salallrtdpmmW---NI F 127 Cardinal Drive Ext. Wilmington, NC 29405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: dlutheran@segi.us <dutheran@seei.us> Sent: Tuesday, December 14, 20212:21 PM To: 'Hair, Sarah E CIV (USA)' <Sarah.E.Hair@usace.army.mil>; Snider, Holley <hollev.snider@ncdenr.¢ov> Subject: [External] FW: Hampstead Investments Off Many thanks, Dana Dana A. Lutheran 5outhem F nvironmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 2841 2 Office: 9 10.452.271 1 Mobile: 910.228.18+1 (Preferred Ww .segi.us From: Bodnar, Gregg <ereza.bodnar@ncdenr.sov> Sent: Tuesday, December 14, 2021 11:26 AM To: Dana Lutheran <dutheran@seei.us> Cc: Howell, Jonathan <lonathan.howell@ncdenr.sov> Subject: Hampstead Investments Off Hold Morning Dana, Please accept this email as notification that the project has been taken off hold. The adjusted 75 day date is 12/24/21. 1 will circulate the updated workplans to the review agencies and ask for an expedited turn around on any outstanding comments. Thanks, Gregg .� D_EQ O�o�n+r�M4+�vweatl6uYa\ / - Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 23s (Office) Greaa.Bodnar ncdenr.go_v Email correspondence to and from this address is subject to the North Carolina public Records Low and may be disclosed to third parties. Bodnar, Gregg From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Monday, December 20, 2021 1:29 PM To: Bodnar, Gregg Subject: [External] RE: Hampstead Investments CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. No problem. Thanks for the update. I have to wait until the 401 is issued and then send to EPA for their review before I can issue anyway. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, December 20, 202111:14 AM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Hampstead Investments Hey Liz, Spoke to Jonathan and looks like we will take you up on issuing the permit with USACE conditioned out. Hoping to get it out in the next day or two. Let me know if you have any issues with that, Gregg E %47> Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) Gregg. Bodnar@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records law and maybe disclosed to third parties. To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Hampstead Investment Group, LLC, Fender County Date: August 23, 2021 This project is consistent and not in conflict with the Fender County Comprehensive Land Use Plan Update. The applicant proposes to construct a 5-lot residential subdivision to include section 404 type wetland fill, with infrastructure, boardwalk and kayak launch. The project is located at 139 Dogwood Lane in Hampstead, Pender County. Areas of Environmental Concern (AFC's) impacted by the proposal are PT, ORW-ES and EW. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish (adjacent AIWW). The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation and Resource Protection. In general, Pender County -allows development in Conservation and Resource Protection classified AECs which is consistent with the State's minimum use standards. The Ponder County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the 2012 Pender County Comprehensive Land Use Plan Update. Cc: File RECEIVED DEC 2 1 2021 Kj93" SECTION WID DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Hampstead Investment Group, Inc. C/o Travis Holder for Long View Estates 2. LOCATION OF PROJECT SITE: Site is located at 139 Dogwood Lane, Hampstead, Pender Co State Plane Coordinates - Lat: 34°20'06.17"N Long: 77042'40.45"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Application received complete by DCM: 6/23/21, Multi -agency scoping meeting was held on 11/23/20. S. SITE DESCRIPTION: (A) Local Land Use Plan- Pender County Land Classification From LUP - Residential, Resource Protection and Conservation (B) AEC(s) Involved: ORW-ES, PT, EW (C) Water Dependent: Yes (marsh crossing) and No (subdivision) (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing- None Planned- Unknown (F) Type of Structures: Existing- None Planned- Subdivision and boardwalk (G) Estimated Annual Rate of Erosion: N/A 6. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHE R (A) Vegetated Wetlands (§404) and/or coastal 5705 sq, ft. :404" 3,180 sq. ft. wetland shaded (B) Non -Vegetated Wetlands (Open 3,480 sq. ft. Water) (incorporated) (C) Other - Hi disturbance IL i_ 32,234 sq. ft. (D) Total Area Disturbed: 41,419 sq. ft. (0.94 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes (adjacent AIWW) 7. PROJECT SUMMARY: The applicant proposes to construct a S-lot residential subdivision (to include Section "404" type wetland fill), with infrastructure, boardwalk and kayak launch. RECEIVED JUL 01 2021 North Carogna Department of Envhmmemal Quality I DWlabn ofL��LCJJpp1�a��l�yqye �{���ryry���gy� Tv Wilmington Office 1127Carftal DrIw ExterWon I W1l hVwM1NCarolmfia n I t T 910.796.7215 Hampstead Investment Group, Inc. for Long View Estates Page 2 8. PROJECT DESCRIPTION The project site is located along Dogwood Lane, adjacent to the AIWW, in Hampstead, Pender County. To access the site from the Wilmington Regional Office, take US Hwy 17 N toward Hampstead. Travel approximately 11 miles to Washington Acres Road. Turn right onto Washington Acres Road and travel approximately 1.7 miles to Dogwood Lane. Make a right onto Dogwood Lane and continue 0.30 miles. The undeveloped property will be located on the eastern side of the road, in the "S" turn. The 6.81-acre parcel consists of five (5) lots, including a 26,000 and 42,000 lot labeled as "remainder" lot on the site plan drawing (Sheet/page 22 of 66), as well as an outlying parcel identified as the "island". Combined, the shoreline has approximately 430 linear feet of water frontage. Access to the site is provided by direct access from Dogwood lane. According to the application package, five (5) single-family lots would be established, with a density of one unit per 0.76 acres. At this time, the permittee is not requesting approval for single-family residential construction so moving forward, each property owner would be responsible for submission of their own residential development plan. Approximately 72% of the proposed subdivision is located with the 575' Outstanding Resource Water (ORW) Area of Environmental Concern (AEC), and based on the Upland Development Form, approximately 24% of the property would be covered with impervious coverage, within the AEC. Overall, the application states that approximately 12% of the entire property would be covered with impervious coverage. The application package indicates that an express stormwater permit was requested on 3/5/2021; however, DCM is unaware of any State Stormwater Permit being issued for this site. High ground vegetation on the track consists of Pine, Oak, Hickory, Walnut and Bay trees, with understory growth consisting of mostly myrtles. Section "404" type wetlands border the tract, as well as Coastal Wetlands. Reported elevations at the property range from 0- 25', relative to normal high water. The waters of the AIW W adjacent to the project site are classified as SA-ORW by the North Carolina Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Pender County's Land Use Plan (LUP) classifies the upland areas as limited transition and all other areas as Conservation, however, the Land Use Plan includes all Areas of Environmental Concern (AEC) as well as the 404 wetlands in the Conservation class. RECEIVED JUL 01 2021 DCM-MHD CITY � North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive E#enWf efon I hnngtoR North Carolina 28405 w Hampstead Investment Group, Inc. for Long View Estates Page 3 PROPOSED PROJECT According to the project narrative and application package, the applicant proposes to construct a 5-lot residential subdivision (to include Section "404" type wetland fill), with infrastructure, boardwalk and kayak launch. Development association with creation of the subdivision would include the installation of an 18'-20' x 515' gravel access road (with "hammer -head" turnaround at terminus) that would begin along the right-of-way of Dogwood Lane. The access drive would traverse the central section of the property, and would provide access to each of the lots, with exception of lot 1 and one of the "remainder" lots adjacent to Dogwood Lane. Those two lots would be accessible directly from Dogwood Lane. According to the application package, the driveway would be installed using a 4"-6" layer of #57 stone, over top a geotextile fabric. A water line would also be installed along the access, within a dedicated 45' wide "Access and Utility Easement". A portion of the proposed access road and utility easement would span a section of "404" type wetlands within the boundaries of Lots 2 and 3 (refer to page 22 of 68), and a result approximately 5,310 sq. IL of "404" type wetlands would be filled. The application package describes the permanent filling of 0.10 acres of Bottomland Hardwood Forrest, with 0.03- acres of temporary Bottomland Hardwood Forrest impacts. The applicant states a 24" re - enforced concrete pipe would be used to maintain hydrologic connection between the two wetland areas being impacted, and would be backfilled using 4' of clean earthen soil. Please refer to page 22 of 68 for details of the wetland fill and pipe crossing, as well as the access road. Between Lots A and 2, the applicant proposes to construct a 6' x 490' elevated boardwalk/pier that would span from the subdivision, east to the adjacent island (referred to on the Pender Co. GIS as S % and N %). The boardwalk (shown on page 23 of 68) would be elevated a minimum of 3' above the adjacent wetland substrate and would span mostly intertidal wetlands. The exception being a small 8' wide channel that exists between the upland and the island. In this location, the applicant proposes to raise the elevation of the boardwalk/pier to a height of 6' above the normal high water line. Lastly, the applicant is proposing to construct a kayak launch along the NE corner of the island. The kayak launch would consist of a 6' x 40' fixed pier that extend from high ground and terminate over an intertidal mudflat, located along the NE corner of the island. Water depths in this location are tide dependent and range from 0' to -3', normal low water. As designed, both the boardwalk/access pier and kayak launch would be located within the applicant's area of riparian access and should not interfere with navigation. RECEIVED JUL O 1 2021 DCM-MHD CITY North Carolina Department of Entlronmental Quality I Dlvidon OfCaastel Management Wilmington Office 1 127 Carclinal Drive Extension I Wilmington, North Camlhla 28405 Hampstead Investment Group, Inc. for Long View Estates Page 3 10. ANTICIPATED IMPACTS Creation of the proposed subdivision infrastructure would disturb approximately 32,234 sq. fL of high ground, and approximately 5,705 sq. ft. of Section "404" type wetlands, of which approximately 4,335 would be permanent. The boardwalk/pier and kayak launch would incorporate approximately 3,480 sq. ft of open water/public trust area, and would shade approximately 3,180 sq. ft of wetland. The boardwalk/pier and kayak launch would be located in an intertidal bay, within Y4 ofthe width of the waterbody, and would remain within the applicant's riparian corridor, outside of the setback. Minor increases in turbidity should be expected during construction. Water depths in the vicinity of the proposed project range from -0' to -3.0' @ normal low water. Submitted by: Jason Dail Date. June 28, 2021 Office: Wilmington RECEIVED JUL 01 2021 DCM-MHD CITY North Carollna Department of Environmental Qoallty I Division of Coastal Management Wihnhgton Office 117.7 Cardinal Drive Extension I W1lmington. North Carotin 28405 910.796.7215 Bodnar Gregg From: Bodnar, Gregg Sent: Wednesday, September 1, 2021 1:34 PM To: Snider, Halley; Dunn, Maria T.; Harding, Kimberlee k Subject: FW: [External] RE: Hampstead Investments Inc DCM Hold Notice Attachments: Longview Estates Response to USACE RFAI 8-31-21.pdf Afternoon all, Please see above and below for the response in reference to Hampstead Investments additional information request. Dana Lutheran responded to Liz separately but the above attachment includes the response to USACE. Please let me know of any comments/concerns with the response. Regards, Gregg From: dlutheran@segi.us <dlutheran@segi.us> Sent: Wednesday, September 1, 20211:28 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dail, Jason <jason.dail@ncdenr.gov>; Pietila, Tanya K <tanya.pietila@ncdenr.gov>; MacPherson, Tara <tara.m'acpherson@ncdenr.gov> Subject: [External] RE: Hampstead Investments Inc DCM Hold Notice CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. Gregg, I just realized the response to the USACE's and EPA's RFAI did not include the additional minimization efforts taken by the Applicant, to reduce the wetland impact associated with the road. Please discard the previous version and replace with the attached. I will be mailing the revised version to Liz in a minute. I will copy you. Thanks a bunch and sorry for the confusion. Dana Dana A. Lutheran 5out6rn [nvironmental Group, Inc- 5 3 15 South College Road, Suite E Wilmington, NC 28+1 2 Office: 910.452.271 1 Mobile: 910.228.18+1 (Preferred) www.Se.us 5out6om Environmental Group, Inc- 5 51j south College Road, Suite F Wilmington, NC ZO+I z 31 August 2021 Via Electronic Mail US Army Corps of Engineers (USACE) Wilmington District Attn: Ms. Liz Hair 69 Darlington Avenue Wilmington, NC 29403 sarah.e.hair@usace.arm-.mil Re: Response to Request for Additional Information — Longview Estates Pender County, USACE AID: SAW-2020-01507 Dear Liz, Please accept this correspondence as our response to the Environmental Protection Agency's (EPA) comments regarding the proposed project. According to 8/10/21 email, from Mr. Todd Bowers, with the EPA, the following comments were relayed to your office: 1. Ian; concerned about this project for several reasons especially those that involve the Section 404(b)(1) Guidelines. The applicant has not performed a suitable alternatives analysis for meeting the project need or objective, which was stated as lot development to meet local housing demand. This analysis is lacking, and the applicant has not made a justification for why homes need to be built in this location and result in the loss ofwaters of the United States. With an access road built in this location, each lot will undergo development and incur further impacts/permanent loss of Section 404 wetlands due to houses, infrastructure, and septic tank installation. The road is only the beginning of the impact with more anticipated as the remaining lots leave little in the way of uplands to build upon. Since future development of this site is not an incidental outcome but a planned result of this project, it is imperative that the applicant provide an analysis that includes these impacts so that a proper alternatives analysis can be performed, avoidance can be maximized, impacts to wetlands can be minimized and those impacts are properly compensated for. It may be prudent to amend the purpose and need statement to be: "The purpose of this project is to construct a road that will provide access to home sites." With regard to the development of the lots, the Applicant designed the layout and size of the lots so that they could be built upon without impacting wetlands. For example, the property allows for greater density of dwellings (i.e., more lots), but that would have required permanently impacting wetlands for building pads. With the proposed plan, a 50' x 45' (2,250 SF) dwelling, with 20' x 5' septic system, can be constructed, on each lot, without impacting wetlands (see Attachment 1). The Applicant intends to record the attached deed notification (Attachment 2), at the Pender County Register of Deeds, prior to conveying lots, to future lot owners. This should, in perpetuity, ensure future owners are aware of the presence of wetlands, within their property limits, thereby minimizing the potential for unauthorized wetland impacts taking place. Furthermore, Low Density State Stormwater Permit SW8 210603 has been issued for the project (see Attachment 3). The permit limits the amount of built upon area within the development to 12% and requires runoff to be conveyed through dispersed flow, such as sheet flow through vegetation, prior to discharging into adjacent surface waters. This should ensure contaminants do not reach surface waters, and the plan directs runoff to low lying areas, such as the Bottomland Hardwood Forest within the property limit, thereby recharging hydrology within the feature. Longview Response to USACE RFAI (SAW-2020-01507) 9F Cii Lastly, the 0.60 acres denoted as "Remainder Area" is available for a septic Feld, if necessary. If not needed, the area will be used by future residents as open space. 2. 1 am concerned about "temporary impacts" to bottomland hardwood wetlands for waterline installation. If a waterline is to remain in place, then this should be considered a permanent impact due to the fact that this line may have to undergo maintenance thus incurring impacts again. There is also a substantial temporal loss of function as it will take many years for bottomland hardwood species to reestablish their current prominence. Unless the applicant can guarantee minimal disturbance in the future and that the waterline will not interfere with the hydrology or root development on -site then those impacts should be considered a permanent loss of wetland, with resulting compensation offered. The Applicant has decided to use wells, for potable water, on each lot. Therefore, the proposed water line and associated 0.03 acre of temporary wetland impact area have been removed from the proposed plan (see Attachment 1). If, in the future, this changes, the 2" water line will be run under the gravel road bed. 3. At this time, EPA Region 4 requests that the applicant provide a project purpose that demonstrates the need to build homes in this location and provide an alternatives analysis that demonstrates that a non - water dependent project such as this must impact waters of the United States to meet the project purpose. If lots 2 and 3 cannot be developed without the wetland impact, then perhaps they should not be developed as the remaining upland will drastically limit development options even with the road in place and lead to further wetland loss. I think it is safe to assume that with this road installed, the remaining wetlands are under demonstrable threat of being permanently lost or severely degraded due to direct impacts from lot development and occupancy. Please know that the Applicant has done everything possible to avoid and minimize impacts to wetlands and surface waters, which started during the design process. The Applicant explored using the existing soil road, as access to the three lots. However, this would encumber Lot 3, to the point where it would not be buildable, without additional wetlands impacts. Lots 3 and A are very desirable, waterfront lots, which if removed would render the project infeasible. The Applicant also investigated bridging the wetland, but due to the minor topographic changes between the upland and the wetland feature (i.e., about 2') it is anticipated the structure would have a significant shading effect that would have more than a de minimis effect on the functional value of the wetland. From there, the Applicant minimized the road impact by positioning the feature to cross the wetland at the narrowest point, narrowing the road bed as much as possible, still allowing two vehicles to pass, and reduced the fill slope. The Applicant further minimized unavoidable wetland impacts by reducing the fill slope to 1:1 and fortifying with filter fabric, overlain with rip rap. This effort reduced the length of the culvert, to 24', and the wetland impact by 450 SF, resulting in 3885 SF (0.09 AC) of permanent wetland impact (see Attachment 1). At this point, wetland impacts have been avoided and minimized to the greatest extent practicable and, based upon the changes to the plan and confirmation that the remaining wetlands will not be adversely affected by the construction of homes, SEGi is of the opinion the proposed project is consistent with Section 404(b)(1) Guidelines. It is our hope the information found within and attached to this correspondence will address the agencies' concerns and the permit will be processed without delay. However, should you have further questions or concerns, please call me at 910.228.1841. Sincerely, Dana A. Lutheran SEGI Regulatory Specialist Attachments (3) cc: Mr. Gregg Bodnar — Gregg Bodnar@ndenr.eov Longview Response to USACE RFAI (SAW-2020-01507) .9F Cii Attachment 1 Longview Site Plan Revised 8/31/21 PART Of 25 \ \ AM FA / LOT 6E and \ MIA O� MAP BARS'/ ACRE TRACT \ \ YAP FOR L IFSUE WAYNE BA1SW, SR and /O w Wlla DBUS T. BATSON \ J MAP BOB( P, PACE IN O ya JON JONES -' O/ DEED BOB( 6, PAGE B95 469t�,gg / /Q ` LOT -� 33.371 Sq. FSa F1. 1 c (0.77Ac s) a ,° 1 REMAINDER �� 43,113 (D.97Aues),N'W / w5roos20YFeM " 1 aae�• u, WWE,L GVGLT W/ W ]BBf s11F/OW AC • a a a W W� \ SE[rtON Wi WETAN�s W 2 W W e 90PTONIANONAeDWOODPoPES� W Y /W / �tn6s s2DtjZ �. \ / 14 E ♦` III` Y 1 GRAPHIC SCALE I I IW 0 w IW pD I 1 F ( IN FEET) I inch — 100 n. / W � W / 2 / P a NEW 45' EGRE Aug UTIIIIY E NOTE5: TOTALTRACTHROTECTAREA= • .7.34 AC(319,820 5F) AREA WITHW TIE 575' ORW AEC= 230.9605FM%) PMOSED DEVELOPMENT WTT MTIE 575'ORW AEC= 12,895 SF FOR GRAVEL ROAD PPOP05M PERMANENT WETAND IMPACTS= 38855F/0.09 AC® PROPOSED BOOS UPON AREA = 0 PAGE 130 LOT 2 DUANE AND IlANY SEWARD SUBpSBON YAP BOB( 3t5 PAM 9 DEED BOB( 2583. PAGE 35 \ 25' EGRESS WGRESS AND IFIRITY EASEMENT YAP BOIX 27, PACE 130 /< APPROXIMATE COASTAL / \ WERAND BOUNOA0.V Y'J $R0 DELINEATED 2020 !,@ p; aOs9B. \ \ - VICINITY MAP -NOT TO SCALE 30'ESNAPn¢SNgiElINE BUFFER CRAAEL ESS ROAD u• �. y ,� a LOT �1'rv' MOD 59. F1. o IAy +; (1/•+ NBTTO SCALE •(083Anez) r�W P �• @Ig2E55^P LENT W . WIMANDIMF C LIMn • P % PROPOSED490 e -.�A w•p " V�'� _ OOCC([OMPONENT A ISEE {HEEi53 D40F4) 6EOLEXiIIEF�WC �p DwA. /E#STPI�a�6POA0W A V, Y, W A W POF OS)STONE .I. — OVE0.aEANEAeTXEN SOIL / sEcnoNAw .��II�� . WPTurt6z �I� Sq. R W \ / I_ RECOMBINED TRACT FRANCES YOIIND MAP OF RECOMBINARON MAP BOCK 51. PAGE 141 DEED BOOK 4660, PACs 2400 c� Al W i �WIW DELINEATED SY 3A=DAM (A M)2020 P� 20'x5'SepSc Area \ j 50'x45'Bo be pile Dwellings to be pile t supported / PRELIMINARY W NDPEWATMPAC UMU wLtNP6wP ENBANYMFNT 82 Longview Estates CAMA Major Site Plan Sheet of B-31-21 20-1072 Longview Response to USACE RFAI (SAW-2020-01507) .15F Cii Attachment 2 Draft Deed Notification USACE SECTION 404 WETLANDS DEED RESTRICTION The following DEED NOTIFICATION shall be recorded in the Pender County Registry prior to the conveyance of the property, referred to as Lots 1 2 3. A and B of Longview Estates on the attached plan entitled Longview Estates Plat Man and prepared by Atlantic Coast Surveying, PLLC and dated TBD "A portion of this lot, as determined by the Wilmington District US Army Corps of Engineers (USACE) under Action ID# SAW 2020 01507 , contains waters of the U.S., including wetlands, which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344)." No person or entity shall perform any of the following activities, within those areas depicted as waters of the U.S. on the attached plat: a. Fill, grade, excavate or perform any other land disturbing.activities; b. construct or place any roads, trails, buildings mobile homes, signs utility poles or towers, or any other permanent structures, other than those that are necessary to access the water; c. Drain or otherwise disrupt or alter the hydrology or drainage ways, and d. Dump or store soil, trash, or other waste. This deed restriction is to run with the land and shall be binding on all Parties and all persons claiming under them." Signature Owner's City, State, Zip Phone Number:( ) STATE of North Carolina County 1, , a Notary Public of the State of North Carolina, County, hereby certify that owner personally appeared before me this day and executed by above certification. Witness my hand notorial seal, this _ day of Notary Public My commission expires: , 20_. Longview Response to USACE RFAI (SAW-2020-01507) 9F Cl! Attachment 3 NC Low Density Stormwater Permit SWS 210603 ROY COOPER covemor DIONNE DELLI-GATTI Secretary BRIAN WRENN Director July 22, 2021 Env4nnmentalQuallry Hampstead Investment Group, LLC Attn: Travis Holder, Manager 10280 US HWY 17 Wilmington, NC 28411 Subject: State Stormwater Management Permit No. SW8 210603 Longview and Old Topsail Estates Residential Subdivisions Low Density Subdivision Project Pender County Dear Mr. Holder: The Wilmington Regional Office received a complete State Stomtwater Management Permit Application for the subject project on July 20, 2021. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in 15A NCAC 2H.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW8 210603 dated July 22, 2021, for the construction of the built - upon areas (BUA) and vegetated conveyances associated with the subject project. This permit shall be effective from the date of issuance until rescinded and the project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Jessie Edmonds in the Wilmington Regional Office, at (910) 796-7215 orjessica.edmonds@nrdenr.gov. Sincerely, GZ3N - 91M DBrian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Designer's Certification Form Attachment B — Built -Upon Area Allocation Application Documents DESrjme: %Stormwater\Permits & ProjectsU021\210603 LD\2021 07 permit 210603 cc: Michael C. Gallant, PE; Michael C. Gallant, PE, PA Fender County Planning Department NCDOT District Engineer Division of Coastal Management Wilmington Regional Office Stomtwater File North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmingtoniteglonal Office 1127Cardlnal Drive Extensian I Wilmington. North Carolina 28405 d�m.va�D /'� 910.796.7215 State Stormwater Management Permit No. SWB 210603 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY SUBDIVISION DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO Hampstead Investment Group, LLC Longview and Old Topsail Estates Residential Subdivisions Dogwood Lane, Hampstead, Pander County FOR THE construction, management, operation and maintenance of built -upon area (BUA) for a 12% low density subdivision project (the "low density area") discharging to Class SA-ORW waters as outlined in the application, approved stormwater management plans, supplements, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable parts of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 38,210 square feet. The BUA requirements and allocations for this project are as follows: a. LOW DENSITY AREA BUA LIMITS. The low density area in the approved plans and specifications, must not exceed 12% per the requirements of the stormwater rules. Within this low density area, this permit approves a percent BUA of 12% and the construction of a total of 38,210 square feet of BUA. This permit does not provide any allocation of BUA for future development within this low density area. b. LOW DENSITY AREAS WITHIN 575 FEET OF SA-ORW WATERS: The overall percent of BUA permitted for the portion of project within 575 feet of SA-ORW waters must not exceed 12% per the requirements of the stormwater rules. Within 575 feet of SA-ORW waters, this permit approves a percent BUA of 12% and the construction of a total of 36,018 square feet of BUA. This permit does not provide any allocation of BUA for future development within 575 feet of SA-ORW waters. Page 1 of 6 State Stormwater Management Permit No. SW8 210603 c. BUA FOR INDIVIDUAL LOTS. Each of the 9 lots are limited to a maximum amount of BUA as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. d. CAMA AECs. Where a project or lot is located within CAMA's Area of Environmental Concern (AEC), the Division of Coastal Management (DCM) may calculate a different maximum BUA based on CAMA regulations. The more restrictive BUA limit will apply to the project. 2. PERVIOUS AREA IMPROVEMENTS. The following types of improvements are included in the project and considered pervious per the stormwater rules: a. #57 STONE. The project is proposing 12,960 square feet of #57 stone laid at least four inches thick over a geotextile fabric as a pervious surface for an access road. The underlying soil should not be mechanically compacted prior to installation. If, in the future, this pervious surface is found to no longer meet these requirements, a permit modification will be required. b. PERVIOUS WALKING TRAILS. A unpaved walking trail located between Lot 2 and Lot B has been demonstrated to be a pervious surface. 3. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are as follows: a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. This low density area and conveyances must be provided and maintained at the design condition. b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of piping under driveways and roads Is allowed within the low density area when it cannot be avoided. No additional piping is allowed. c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. 4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point. 5. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. b. RELEASE OF STORMWATER NOT TREATED IN A STORMWATER CONTROL MEASURE (SCM). Stormwater that is not treated in an SCM, such as in the low density area (including roof drains), must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. Page 2 of 6 State Stormwater Management Permit No. SW8 210603 6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. The final recorded plats must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: I. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 210603, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. ill. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) per lot is as shown in Attachment B. This allotted amount includes any BUA constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. For those lots within the CAMA Area of Environmental Concern, where DCM calculates a different maximum lot BUA, the governing maximum lot BUA shall be the more restrictive of the two amounts. viii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. ix. Filling in, piping or altering any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. x. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. A. All roof drains shall be released no closer than at the edge of the 50-foot wide vegetated setback and allowed to flow through the setback as dispersed flow. At no time shall stormwater runoff be piped into or through the setback. xii. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21 e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. Page 3 of 6 State Stormwater Management Permit No. SW8 210603 a. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE. During construction, all operation and maintenance for the project and stormwater system shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are no longer needed. b. FINAL GRADING. The vegetated areas and vegetated conveyances shall be entirely constructed and vegetated. Once the final grading is completed and the site is stabilized, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications, except for minimum driveway crossings. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project that impact the certifications, a new or updated certification's), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the BUA, details, etc. b. Redesign or addition to the approved amount of BUA. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved stormwater collection system and/or vegetative conveyance shown on the approved plan, except for minimum driveway crossings within the low density area. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans, and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails to meet the requirements of low density, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. Page 4 of 6 State Stormwater Management Permit No. SW6 210603 b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee. 12. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; ii. The assignment of declarant rights to another individual or entity; iii. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; V. Bankruptcy; vi. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 13. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot, within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC to conduct individual lot reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. Page 6 of 6 State Stormwater Management Permit No. SW8 210603 c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. f. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. g. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 22 day of July 2021. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION a rl .X, Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 210603 Page 6 of 6 State Stormwater Management Permit No. SW8 210603 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section orphase of the project. Page 1 of 1 State Stormwater Management Permit No. SW8 210603 Attachment B Built -upon Area (BUA) Allocations Page 8 of 8 Attachment B - BUA Lot Allocations Longview and Old Topsail Estates Permit No. SWS 210603 Subdivision Lot # Max BUA, sf Longview Remainder 4,700 Longview Lot A 5,527 Longview Lot B 5,527 Longview Lot C 1,000 Longview Lot D 1,000 Old Topsail Estates Remainder 4,700 Old Topsail Estates Lot 1 4,700 Old Topsail Estates Lot 2 5,528 Old Topsail Estates Lot 3 5,528 Bodnar Gregg From: dlutheran@segi.us Sent: Wednesday, September 1, 2021 1:28 PM To: Bodnar, Gregg Cc: Dail, Jason; Pietila, Tanya K; MacPherson, Tara Subject: [External] RE: Hampstead Investments Inc DCM Hold Notice Attachments: Longview Estates Response to USACE RFAI 8-31-21.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Gregg, I just realized the response to the USACE's and EPA's RFAI did not include the additional minimization efforts taken by the Applicant, to reduce the wetland impact associated with the road. Please discard the previous version and replace with the attached. I will be mailing the revised version to Liz in a minute. I will copy you. Thanks a bunch and sorry for the confusion. Dana Dana A. Lutheran 5out6em Environmental Group, lnc 5315 5out6 College ]load, Suite E Wilmington, NC 2841 2 Office: 910.452.271 1 Mobile: 910.228.18+1 (Preferred) w .seg.us From: dlutheran@segi.us <dlutheran@segi.us> Sent: Wednesday, September 1, 20211:01 PM To: 'Bodnar, Gregg' <gregg.bodnar@ncdenr.gov> Cc: 'Dail,, Jason'<jason.dail@ncdenr.gov>;'Pietila, Tanya K'<tanya.pietila@ncdenr.gov>;'MacPherson, Tara' <tara.macpherson@ncdenr.gov> Subject: RE: Hampstead Investments Inc DCM Hold Notice Hello, Gregg. Please find attached SEGi's response to your request for additional information. Since the WRC's and DWR's RFAI were very similar to the USACE's and EPA's, I thought it appropriate to refer to that document in the response to you. I hope that works. If not, please let me know. Dana Dana A Lutheran 5out6cm Environmental Group, Inc. 5315 5out6 College Road, Suite E Wilmington, NC 28412 office: 910.+52.271 1 Mo6ile:910.225.18+1 (Preferred) wWW.Se '.us From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, August 27, 2021 10:50 AM To: dlutheran@segi.us Cc: Dail, Jason <jason.dail@ncdenr.gov>; Pietila, Tanya K <tanya.pietila@ncdenr.gov>; MacPherson, Tara <tara.macpherson @ncdenr.gov> Subject: Hampstead Investments Inc DCM Hold Notice Morning Dana, Please see above for the DCM hold letter and supporting documentation. If you have any questions please let me know, G regg i DES Qh'p+Riir^lelC. .._ EMa�T� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252808 2808 ext 21S (Off te) Gfegg.Bodnerncdenr Vv EmoU correspondence to and from this addressls subject to the North C'amlina PabJfc Records tow and may be disclosed to third parties. Southern r_nvironmental Group, Inc. 5515 Soutk College KoaJ, Suite E. Wilmington, NC z9+1 z Longview Estates CAMA Major Project Narrative Prepared for: Hampstead Investment Group, Inc. RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED Date: JUN 2 3 2021 2 February 2021 Rev. 15 June 2021 Page 1 of 14 DCM WILMINGTON, NC /-54A8 Lontrview Estates CAMA Maior Permit RN 9F C i 1) Project Information: a) Pender Co. Parcel ID #'s: Tract A 3281-85-9562-0000 — 4.05 AC Tract B 3281-95-2648-0000 — 0.87 AC Tract C 3281-95-3504-0000 —1.89 AC Each parcel has been subdivided into two lots, resulting in 6 lots, 5 of which are proposed for development, by future lot owners (see Attachment 1 and 2). Please see Attachment 9, for a copy of the deed. b) Project Size: +/- 6.81 AC (see Attachment 2) c) Receiving Water: Topsail Sound & Middle Sound ORW Area (Attachment 3) d) Water Classification: SA;ORW (see Attachment 3) e) Section 404 Wetlands: There are approximately 2.6-acres of Bottomland Hardwood Forest and 0.02-acre of Maritime Scrub -Shrub are found within the project limits. SEGi delineated the limits of Section 404 wetlands, within the project boundaries, and secured a PJD, from the US Army Corps of Engineers (USACE) (see Attachment 4). 1) Coastal Wetlands: The eastern boundary borders Topsail Sound, where the coastal wetlands are found. Southern Environmental Group, Inc. (SEGi) delineated the limits of coastal wetlands and normal high water. The lines were approved by Jason Dail, on 8/10. g) Streams: There are no streams within the project limits. b) Existing Conditions: The site is undeveloped and mostly wooded, except for a large grassy field, mostly contained within Tract B (see Attachment 1). An existing soil road cuts through the Bottomland Hardwood Forest, on Tracts 2 & 3 (see Attachment 2). i) Sewer and Water: Each lot will have their own septic, and water is provided, to the area, by Pender County. A water line will be extended into the property, from Dogwood Lane, to serve the lots. 2) Proposed Project: The project consists of constructing an 18' to 20' wide, 515' long, gravel access road, with associated hammerhead, and installing a water line, on the west side of the deeded 45' wide Access and Utility Easement. To maintain a hydrologic connection, between the remaining wetland and the connected wetland, a 24" reenforced concrete pipe will be used. The pipe will be covered with clean earthen soil and 4' of clean earthen soil. The road will be constructed in accordance with the NC Department of Environmental Quality's Stormwater Design Manual, Section A-4 (see Attachment 5), where Geotextile fabric is overlain with at least 4" of#57 stone. Additionally, the Applicant proposes to construct a 490' x 6', slatted and elevated, boardwalk that will provide foot traffic, from the upland to the island, where a 40' x 6', slatted and elevated kayak dock is proposed. Please see Attachment 2 for details. 3) Proposed Discharges to Section 404 Wetlands: The work will require permanently filling 0.10-acre of Bottomland Hardwood Forest, which is necessary to facilitate the construction of the gravel road, and temporarily impacting approximately 0.03-acre of Bottomland Hardwood Forest, to install the water line (see Attachment 2). Once the line has been installed, the area will be returned to its original grade and contour, seeded with a seasonally, appropriate grass, and allowed to re -vegetate naturally. Large machinery, such as a dump truck and front end loader, will be used to install the road and UPIRAY54 machinery will be stored in uplands, within the project limits, when not in use. No work is to take place within the 30' AEC Buffer, below the normal high water or within coastal wettlands. @ e see Attachment 2, for details of the proposed work. 4) Purpose and Need: DCM WILMINGTON, NC The purpose of this project is to construct an access road, as well as install a single water line, both of which will service 5 single family lots, within the Hampstead, North Carolina area. The lots will help meet local market demand. RECEIVED Page 2 of 14 (Rev. 6/15/21) JUL 01 2021 Longview Estates CAMA Major Permit PN ,�;F cii 5) Avoidance and Minimization: The Applicant explored utilizing the existing soil road, to minimize wetland impacts, but that would render Lots 2 and 3 undevelopable. These lots are waterfront and thus more desirable and expensive. Therefore, this alternative was rejected. The Applicant then minimized wetland impacts by limiting the footprint, ofthe access road, to no more than 40' wide, instead of proposing a standard DOT road, which would require a 60' right of way and at least 50' of road bed. Additionally, the Applicant reduced the slopes of the road bed to 2:1, instead of the traditional 3:1. 6) Mitigation: To offset the loss of biological, physical, and chemical processes that is anticipated to take place as a result of filling 0.10-acre of Bottomland Hardwood Forest, the Applicant proposes to make payment to the NE Cape Fear Umbrella Mitigation Bank (NECPUMB), for 0.20-acre of riparian wetland restoration credit. Upon approval of the proposed mitigation plan, the Applicant will submit a credit reservation letter, from the LCFUMB. 7) Stormwater: Sites that are within one of North Carolina's coastal counties, is within %s mile of a SA (Salt Water), as designated by the Division of Water Resources, and requires another state and federal permit are subject to the State's Coastal Stormwater rules. The Applicant's engineer submitted a request for an Express Stormwater Permit, through the Division of Energy, Minerals and Land Resources (DEMLR), on 5 March 2021. At this time, SEGi is of the understanding that it is under review, by the DEMLR. 8) Sediment & Erosion Control According to 15A NCAC 04B .0107, land disturbance under one acre does not require a Division of Land Resources (DLR) Sediment and Erosion Control Permit. The proposed land disturbance, to take place as part of the proposed plan, does not exceed one acre and, therefore, is exempt from needing DLR approval. However, the Applicant intends to take all necessary action to ensure that sediment does not leave the approved development area Action may include but is not limited to installing silt fence along the wetland impact line, installing a construction entrance, limiting work within wetlands during dry periods, etc. 9) Threatened and Endangered (T&H) Species and Critical Habitat (CH): SEGi consulted the US Fish & Wildlife Services (FWS) Information for Planning and Consultation (IPaQ website to evaluate any potential adverse effects on T&E and/or CH. The Official Species & Critical Habitat listed 16 T&E and no CH (see Attachment 6). Of the 16 T&E listed, only the Northern Long-eared Bat is of concern and required additional evaluation. According to the FWS, the NLEB prefers caves and other enclosed areas, such as bridge revetments. In the Coastal Plain, mature trees, with a flakey bark, and in a protected area, where winds are blocked, is NLEB's preferred hibernacula habitat. While the project area contains mature trees, the project area is in a hostile environment (i.e., very windy). For that reason, SEGi does not anticipate the proposed project to adversely affect the NLEB. However, as part of the USACE's review, the FWS will be asked to evaluate the project for potential effects. 10) Historic & Cultural Resources: As part of the CAMA Major Permit Process, evaluation of the potential for the proposed project to adversely affect historic and cultural resources. SEGi relied upon the NC State Historic Preservation Office's HPO WEB 2.0 website, which did not illustrate any historic or cultural resources within the project limits, and the property is not located within an area listed on the National Registry (see Attachment 7). RECEIVED 11) Adjacent Riparian Property Owner Notifications: In accordance with 15A NCAC 07J .0204 b 5 , the adjacent property owners as identified in the j p i 2 3 2021 (X) J P P permit app [cation have been notified via certified return mail. The notification included the application and site plan, for the�))sed development, as this project requires a CAMA Major Development and/or Dredge and Fill Pemtit�id�l5biY:'711$' ON, NC green cards have been attached as Attachment 8. RECEIVED Page 3 of 14 (Rev. 6115/2 1) JUL 01 ?K1 iJe:m-MI1r, rITV /7p f&Z 12) DWR Pre -Filing Request Requirement: A scoping meeting was held, at which DWR was present. The date of the scoping meeting was on 11/23/2020, and this project was discussed. This meeting met the requirement for requesting a pre -filing meeting under 40 CPR Part 121 for 401 Certifications in accordance with the federal Clean Water Act. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request, within the applicable reasonable period of time. RECEIVED Page 4 of 14 (Rev. 6/15/21) RECEIVED JUN E 3 2021 DCM WILMINGTON, NC JUL 01 2021 /���8 COMPLIANCE WITH WETLAND & BUFFER REGULATIONS The following DEED NOTIFICATION shall be recorded in the County Registry prior to the conveyance of the property, referred to as _ on the attached plan entitled and prepared by and dated "A portion of this lot, as determined by the Wilmington District US Army Corps of Engineers (USACE) under Action 1D# , contains waters of the U.S., including wetlands, which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Any placement of dredged or fill material within these waters without Department of Army authorization may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). Prior to any work within the jurisdictional areas, please contact the U. S. Army Corps of Engineers, Wilmington District Regulatory Division, Wilmington, North Carolina. This covenant is to run with the land and shall be binding on all Parties and all persons claiming under them." Signature Owner's Name: Address: City, State, Zip Code: Phone Number:" STATE of North Carolina County 1, , allotary Pul__ � awuna, County, hereby certify that owner personally appeared before me this day and executed by above certification. Witness my hand notorial seal, this _ day of Notary Public My commission expires: , 20_ Vk CEIVED P1;r , 2 �I rwP SECTION NIED AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Hampstead Investment Group Inc Mailing Address: 10280 Hwy 17 Wilmington NC 28411 Phone Number: 910.520.8905 (Travis Holder) Email Address: trovisrayholder@yahoo.com/andrew@hampsteadnchomes.com I certify that I have authorized Southorn Environmental Group Inc, Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Construction of access road and on -site community septic system at my property located at Dogwood Lane in Pender County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information r�e� This permit application. Property Owner Information: JUL 01 2021 �'/ DCM-MHD CITY / Signature Print or Type Name Title / / / 4RECEIVEf) Date JUN 2 3 ?o This certification is valid through 1_/�_/_2p22_ DCM WILMINGTCr Bodnar, Gregg From: Howell, Jonathan Sent: Wednesday, December 8, 2021 8:49 AM To: dlutheran@segi.us Cc: Bodnar, Gregg Subject: RE: [External] RE: Longview Estates Thanks Dana. We will get everything else ready to go pending this notice. Thanks forworking with us on ensuring the adjacent neighbor is notified. It can be tedious in certain circumstances. Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. Howell(o).ncdenr. oov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran@segi.us <dlutheran@segi.us> Sent: Tuesday, December 7, 20214:17 PM To: Howell, Jonathan <jonathan.howell@ncdenr.gov> Subject: [External] RE: Longview Estates not click links or open attachments unless you !Report Spam. Jonathan, as Attached is the letter that I sent to Mr. Seward. The following is the Priority Mail tracking number: 9505 5150 2452 1341 2670 72. The postal service said it should be there by tomorrow. Dana Dana A. Lutheran 5out6em j-nvironmental Group, Inc. 5515 South College Road, Suite E Wilmington, NC 2841 2 lfice: 9 10.452.271 1 Mo6ilc; 910.228.1 8+1 (prefemed) Ww .segi.us From: dlutheran@segi.us <dlutheran@seei.us> Sent: Thursday, December 2, 20219:44 AM To:'Howell, Jonathan' <jonathan.howell@ncdenr.eov> Subject: Longview Estates Tracking Number: 70121010000261689004 Your item was returned to the sender on December 1, 2021 at 6:36 am in WASHINGTON, DC 20022 because the addressee moved and left no forwarding address. ` Text & Email Updates Tracking History Product Information Status Moved, Left no A December1, 2021 at 6:36 ar WASHINGTON, DC 20022 Get Updates u See Less /\ Alert 2 ROY OOOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director File Note: FROM: SUBJECT: DATE: NORTH CAROLINA Environmental Quality Gregg Bodnar, DCM Assistant Major Permit Coordinator Major Permit Application for Hampstead Investment Group (Longview Estates) 12/15/21 After review of the application file it was determined that the lot determinations were incorrect and needed to be clarified. This required re -notification of adjacent riparian neighbors. Emails dated 12/7/21 and 12/8/21 document the attempts to notify Seward and DCM has determined that the applicant has satisfied the intent of notification. ruaArNcaaai D � ��v North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.280 Bodnar, G C(J � From: Howell, Jonathan Sent: Tuesday, December 7, 2021 12:31 PM To: Bodnar, Gregg Subject: FW: CAMA Permit Can you put this email chain in the Longview Estates file please. Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. Howell(cDncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Sent: Monday, December 6, 20214:42 PM To: Howell, Jonathan <jonathan.howell@ncdenr.gov> Subject: Re: CAMA Permit Huh Get Outlook for iOS From: Howell, Jonathan <ionathan.howell(@ncdenr.aov> Sent: Monday, December 6, 20214:26:44 PM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Subject: FW: CAMA Permit 5ecx ri This bounced back from that email address. I called that phone number and it sounds like a scrambled line or something. Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. Howell(cDncdenr. aov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Microsoft Outlook<MicrosoftExchanae329e71ec88ae4615bbc36ab6ce41109e@ncconnect.onmicrosoft.com> Sent: Monday, December 6, 20214:25 PM To: Howell, Jonathan Subject: Undeliverable: CAMA Permit Your message to dkseward@ix.netcom.com couldn't be delivered. Security or policy settings at ix.netcom.com have rejected your message. jonathan.howell Office 365 ix.netcom.com Sender Action Required Security or policy violation "How,to Fix It The recipient's email server won't accept your message because"it " appears to violate their, security -or policy settings: Check the Reported: error belowto see if you'can."determine bvhy,it was blocked. Then try one or"more of the following: mentions SPF; DKIM, or"DMARC issues, forward If the error this message to your ernail admin for assistance: , The recipient's email server, might suspect that your message is soam..Follow the guidance in'this article E-rnailinq Best practices for Senders.;Then resend your message. If'the error suggests your message is too "large,�Ary to reduce; the size`ofi"your attachment. If that isn't>possible, place"the file Con a publicly" accessible' cloud storage location, like OneDriver Then add a link tO the file in your message, and;resend the, message. Contact thereIcipie"nt (by phone, for,example) and tell them to ask their+email admin to add Iyou oryour email domain to .. , their,allowed`senders list If"the°problem continues,forvvard'this message to:your email adrriin.'If you're an email admin; "refer"to the More Info for Email Admins ` 'sectionbelow. Was this helpful? Send feedback to Microsoft. 2 More Info for Email Admins Status code: 550 5.7.7 This error occurs when the recipient's domain has security or policy settings that reject the sender's message. However, we were unable to determine the specific setting that's causing this rejection. Usually the error is reported by an email server outside of Office 365. Common issues include the following: the receiving server suspects the message is malicious or spam; the Sender Policy Framework (SPF) record for ncdenr.gov is incorrectly configured or doesn't exist; or the message includes an attachment larger than the receiving server will accept. Try one or more of the following: Review the reported error - Check the Reported error shown below to help determine what the issue might be. For example, if the issue is related to an SPF failure, the reported error will usually include the acronym "SPF" or the phrase "Sender Policy Framework." Correctly configure your SPF records - If you're the sender's email admin, make sure your domain's SPF records at your domain registrar are properly configured. Office 365 supports only one SPF record (a TXT record that defines SPF) for your domain. Include the following domain name: spf.protection.outlook com. If you have a hybrid configuration (some mailboxes in the cloud and some mailboxes on premises) or if you're an Exchange Online Protection standalone customer, add the outbound IP address of your on -premises servers to the TXT record. To learn how, see Customize an SPF record to validate outbound email sent from your domain and External Domain Name System records for Office 365. Unable to relay - If the Reported error indicates a problem with relaying (e.g. "unable to relay"), then the email server that reported the error likely isn't set up correctly to receive and relay messages from the sender's domain. This server will usually be one of your on -premises servers in a hybrid environment, a smart host email service that you're trying to route messages through, or possibly even an email hosting service you used in the past yet still have mail flow settings pointing to (e.g. your MX record at your domain registrar still points to your previous email service provider). Check Error reported by shown below to determine what domain, service, or server is reporting the error. The email server needs to be configured to either accept messages from anonymous users or to include the sending domain or IP in its list of authenticated senders. On an Exchange server, you can set this up in the server's receive connector. If it's a smart host managed by another service or partner, contact the service or partner to configure their servers to accept and relay messages from your senders. Also, work with your domain registrar to make sure your MX records are properly configured. Contact the recipient's email admin - For some scenarios, you can fix the issue by contacting the email admin at the recipient domain to ask them to add the sender's email address or your domain to their allowed senders list, or to relax the setting that's causing the rejection. For more information and tips for fixing this issue, see Fix email delivery issues for error code 5.7.1 in Office 365. Original Message Details Created Date: 12/6/2021 9:25:10 PM Sender Address: ionathan.howell@ncdenr.gov Recipient Address: dkseward@ix.netcom.com Subject: CAMA Permit Error Details Reported error: 550 5.7.1 Connection refused - OXSU5001_403 - httos://postmaster-oxsus.vadesecu re.com/#OXSUS001 403 DSN generated by: BLAPR09MB7137.namprd09.prod.outlook.com Message Hops HOP TIME (UTO FROMNTO WITH 1 12/6/2021 BLAPR09MB6753.namprdO9.prod.outlook.com BLAPR09MB6753,namprdO9.prod.outlook.com mapi 9:25:10 PM 2 12/6/2021 BLAPR09MB6753.namprdO9.prod.outlook.com BLAPR09MB7137.namprdO9.prod.outlook cam Microsoft SMTP Sen 9:25:10 PM cipher=TLS_ECDHE_I ARC -Seal: i=1; a=rsa-sha256; s=areselector9901; d=microsoft.com; ev=none; b=LSAk/2si.95TT11BXJho8.jKO7WOYm75OKi7FfhQSRsOzuCSvg3adDuhtgHIWk7aZ3BbOeK5HsJ9zD6wT6PANytkf DkvARnsmI3olOgQa+JJFUTQfCK9MyF8TP7pv3dUTtoPtPCff9003ZpwnVcmjElhgSQxvJV5XhwaAev62AoXwvwj3y dw/NRhN/L21ZnxRjpwsazXhfsaAiNroSpgyHgUJpFsQa8n5VDru9wDTMBAT4Su2wOCcMvgImmljrlZJujTtN72VJd GcCjOkrWlvpQ7gGyQWlbsJXsYXxlbMezBb8lJynUMOV9jBWFVwOvikYeH4mgeAcpLby5gZWs/7aSw== ARC -Message -Signature: i=1; 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F x-ms-exchange-antispam-messagedata-chunkcount: 1 x-ms-exchange-antispam-messagedata-0: =?us- ascii?Q?+WanB+GgbGmslwJ9D2yOePyx5d58PKOEvJ+IlUPQh2EVuUreEhjoZKIORB5o?= =?us-ascii?Q?wpeBgbgKpvI61NiA5gWJgmgn9nd5vZSHgBEgVlEZntHxoEmqwC3KJ4DlOF6x?= =?us-ascii?Q?1+gkjaDxEu9RXY5RMZXJcjB2u4XiIDFJABXxU9N9/mcKzj4xgEUwSoYleBbq?= =?us-ascii?Q?lA7Av8l2y7JNEMOIraaG8c4RJhCFSPcvrnAhTlwv2w6drzklZMCSdON516Z1?= =?us-ascii?Q?5E4QmYOGoe3no/YEJgfEusyxBzvOvQBzl6vIHgcskmuvvnlcTGLBaiTOSuFq?= =?us-ascii?Q?OFngft7CcDGwl8TyYxEa7KWZKhm7TAgmrlgQ5ICg2k3HBMupMTgyvCsTPeY4?= =?us-ascii?Q?z84nh3A1MOhFNKUZZNnigFcCALGZZd9/BoBX6L+txySYoxOCJCM8OGbg2H+r?= =?us-ascii?Q?f16zEfMJlxzruALZm+R1mgMLEEwNCpLuGOs P+7MyGINagj F+3VoCQ3eXsym8?= =?us-ascii?Q?gPoPztNKUSnnufT4mCGgfJK6ZNgRvr7zb2EgsNgBrUvQUNmKIw1FQnLclzPT?= =?us-ascii?Q?BVJ24VRko/SZhybmRs6PxDwGOG1tVBcggf9VM1HbSRSpBQaT3fDwhC6i7iKf?= =?us-ascii?Q?Zv8Y56iVgFCZVZh1YuVMsrFC/47S5FOIbtgRUgzmQkmzmrawEQRH2ljOXmYl?= =?us-ascii?Q?OG4iN1Xh/EZRM6gOh/BaBFttCLPTghLpdglSdGFLJEiwyXOj ZkrypYGvFm++?= =?us-ascii?Q?uoDCJjzPPlEt Yf4AOxFFxYdP6XdpVwI7li7mf81Qed35OYKui6gCUHJyUByV?= =?us-ascii?Q?VOtwMsvMEgoWHNbQsed7L3dwKB2OugfUarKQ4z28Y4831SSM//DVg7OgOsvV?= =?us-ascii?Q?XBrNuWxpyGScCAtkNYhFChUt71TWCKV1dzMFrzTtAgPjlmJSdpRznyKS7FRy?= =?us-ascii?Q?ZgBxrvTiBEaBnezuONLHk5sNH5JKyr8wGEnPVbaDyGallUG4phoGjS+icxZR?= =?us-ascii?Q?V05ZuKsZnCFreU2w9axvMzr6VugIxPbVcg+nsiatK9XZjWzOTAvXUg53x48H?= =?us-ascii?Q?y2Kz+LCJL/s86/UoG1bE6434D8t1V1g2C18TtxJXoV/NWoY6kbZ9EaG6bPcF?= =?us-ascii?Q?vSjMpsi/H7cu+aLyrNfPxJmuLSxmOguogZ9wgc5+yh1T/hO2LQ8CSK102E7O?= =?us-ascii?Q?po8iA6ASVcI3ueKJgfNaOV5p4G86tyKmV2RgMSh+OS4vX6oHO/SmpfyMhaJx?= =?us-ascii?Q?K+IzYkXuYnjxlKvoeMvUyCJ31/UAg8TaEwYAv/QaCplsW/Zj YKXXEHeBfnT/?= =?us-ascii?Q?noJuZNgrpy6YhXUo/VOeRdt3NNs5VRpP5h71DpMog4Ks5CiigrElxWFVNNRW?= =?us-ascii?Q?wGNOFvkssFDHpZMZhyl/rA2Y?= Content -Type: multipart/alternative; boundary=" 000 BLAPR09MB675371B07B8D5F29509733B9986D9BLAPR09MB6753namp MIME -Version: 1.0 X-OriginatorOrg: ncdenr.gov X-MS-Exchange-CrossTenant-AuthAs: Internal X-MS-Exchange-CrossTenant-AuthSource: BLAPR09MB6753.namprd09.prod.outlook.com X-MS-Exchange-CrossTenant-Network-Message-Id: 54face0f-5ef9-468f-fdbf-08d968fee231 X-MS-Exchange-CrossTenant-originalarrivaltime: 06 Dec 2021 21:25:10.4323 (UTC) X-MS-Exchange-CrossTenant-fromentityheader: Hosted X-MS-Exchange-CrossTenant-id: 7a768ldc-b9d0-449a-85c3-ecc26cd7edl9 X-MS-Exchange-Transport-CrossTenantHeadersStamped: BLAPR09MB7137 Bodnar, Gregg���� From: Howell, Jonathan Sent: Tuesday, December 7, 2021 12:32 PM To: Bodnar, Gregg Subject: FW: CAMA Permit This also Jonathan Howell Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ex.204 - office Jonathan. Howell(o)ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. �wC'LeC From: Microsoft Outlook<MicrosoftExchange329e71ec88ae4615bbc36ab6ce41109e@ncconnect.onmicrosoft.com> Sent: Monday, December 6, 20214:25 PM To: Howell, Jonathan Subject: Undeliverable: CAMA Permit Your message to dkseward@ix.netcom.com couldn't be delivered. Security or policy settings at ix.netcom.com have rejected your message. jonathan.howell Office 365 ix.netcom.com Sender Action Required Security or policy violation How to Fix It The recipient's email server won't accept your message because it appears to violate their security or policy settings. Check the Reported error below to see if you can determine why it was blocked. Then try one or more of the following: ' `"'• '41he error mentionsSPF, DKIM, or'DMARC issues;.forward this message•to your email'admin for assistance. • The recipient's email server might suspect that your message, is spam: Follow the.guidance in this article: E-mailing Best Practices.for 'Send ers: Then resend your message. • If the error suggests your•message is too large, try to reduce ` LIIC,'OIL.0 UI yUUI^q LLCIL.1.1111CIIL. II LIIGI IbII L; PU]JIUICj PICIL.0 LI.M JIM on a publicly accessible doud storage location, like OneDrive.,' -Then'add'a link to thefile.in your message; and resend th'e message. • 'Contact the •eecipient,(by.phone,for example) a`ncltell them to ask•their:email adorn to add you'or°your email domain to`F`_. their>allowed seriders"list. If.the problemcontinues; forward 'this;message to;your email admin., If`, you'rean.email admin;rrefer to the"More"Info for Email'Admins section below. Was this helpful? Send feedback to Microsoff. More Info for Email Admins Status code: 550 5.7.1 This error occurs when the recipient's domain has security or policy settings that reject the sender's message. However, we were unable to determine the specific setting that's causing this rejection. Usually the error is reported by an email server outside of Office 365. Common issues include the following: the receiving server suspects the message is malicious or spam; the Sender Policy Framework (SPF) record for ncdenr.gov is incorrectly configured or doesn't exist; or the message includes an attachment larger than the receiving server will accept. Try one or more of the following: Review the reported error - Check the Reported error shown below to help determine what the issue might be. For example, if the issue is related to an SPF failure, the reported error will usually include the acronym "SPF" or the phrase "Sender Policy Framework." Correctly configure your SPF records - If you're the sender's email admin, make sure your domain's SPF records at your domain registrar are properly configured. Office 365 supports only one SPF record (a TXT record that defines SPF) for your domain. Include the following domain name: spCprotection.outlook.com. If you have a hybrid configuration (some mailboxes in the cloud and some mailboxes on premises) or if you're an Exchange Online Protection standalone customer, add the outbound IP address of your on -premises servers to the TXT record. To learn how, see Customize an SPF record to validate outbound email sent from your domain and External Domain Name System records for Office 365. r) Unable to relay - If the Reported error indicates a problem with relaying (e.g. "unable to relay"), then the email server that reported the error likely isn't set up correctly to receive and relay messages from the sender's domain. This server will usually be one of your on -premises servers in a hybrid environment, a smart host email service that you're trying to route messages through, or possibly even an email hosting service you used in the past yet still have mail flow settings pointing to (e.g. your MX record at your domain registrar still points to your previous email service provider). Check Error reported by shown below to determine what domain, service, or server is reporting the error. The email server needs to be configured to either accept messages from anonymous users or to include the sending domain or IP in its list of authenticated senders. On an Exchange server, you can set this up in the server's receive connector. If it's a smart host managed by another service or partner, contact the service or partner to configure their servers to accept and relay messages from your senders. Also, work with your domain registrar to make sure y6ur MX records are properly configured. Contact the recipient's email admin - For some scenarios, you can fix the issue by contacting the email admin at the recipient domain to ask them to add the sender's email address or your domain to their allowed senders list, or to relax the setting that's causing the rejection. For more information and tips for fixing this issue, see Fix email delivery issues for error code 5.7.1 in Office 365. Original Message Details Created Date: Sender Address: Recipient Address: Subject: Error Details Reported error: DSN generated by: Message Hops 12/6/2021 9:25:10 PM jonathan.howell@ncdenr.gov dkseward@ix.netcom.com CAMA Permit 550 5.7.1 Connection refused - OXSU5O01_403 - https://postmaster-oxsus. vadesecure. com/#OXSU5OO 1-403 B LAPR09 M B7137.nam prd09.prod.outlook.com HOP TIME;(UTC) ,,FROM TO' WITH[ 12/6/2021 9:25:10 PM 12/6/2021 9:25:10 PM BLAPR09MB6753.namprd09.prod.outlook.com BLAPR09MB6753.namprd09.prod.outlook.com mapi BLAPR09MB6753.namprd09.prod.outlook.com BLAPR09MB7137.namprd09.prod.outlook.com Microsoft SMTP Sen cipher=TLS_ECDHE_I ARC -Seal: i=1; a=rsa-sha256; s=areselector9901; d=microsoft.com; cv=none; b=LSAk/2si95TT11BXJhoBjK07WOYm750Ki7FfhQSRsOzuCSvg3adDuhtgHIWk7aZ3BbOeK5HsJ9zD6wT6PANytkf DkvARnsmI3olOgQa+JJFUTQfCK9MyF8TP7pv3dUTtoPtPCff9003ZpwnVcmjElhgSQxvJV5XhwaAev62AoXwvwj3y dw/NRhN/L21ZnxRjpwsazXhfsaAiNroSpgyHgUJpFsQa8n5VDru9wDTMBAT4Su2wOCcMvgImm1'jrlZJujTtN72VJd GcCjOkrWlvpQ7gGyQWlbsJXsYXxlbMezBbSlJynUMOV9jBWFVwOvikYeH4mgeAcpLby5gZWs/7aSw== ARC -Message -Signature: i=1; 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boundary=" 000 BLAPR09MB675371B07B8D5F29509733B9986D9BLAPR09MB6753namp MIME -Version: 1.0 X-OriginatorOrg: ncdenr.gov X-MS-Exchange-CrossTenant-AuthAs: Internal X-MS-Exchange-CrossTenant-AuthSource: BLAPR09MB6753.namprd09.prod.outlook.com X-MS-Exchange-CrossTenant-Network-Message-Id: 54faceOf-5ef9-468f-fdbf-08d968fee231 X-MS-Exchange-CrossTenant-originalarrivaltime: 06 Dec 2021 21:25:10.4323 (UTC) X-MS-Exchange-CrossTenant-fromentityheader: Hosted X-MS-Exchange-CrossTenant-id: 7a7681dc-b9d0-449a-85c3-ecc26cd7edl9 X-MS-Exchange-Transport-CrossTenantHeadersStamped: BLAPR09MB7137 6 ■ Complete items 1, 2; and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: La ne III'IIII IIII IIIIII I'IIII'IIII III III�IIIIIIIII 9590 9402 5006 9063 7129 88 Number (Transfer from service label) 12 1010 0002 6168 8786 PS Form 3811, July 2015 PSN 7530-02-000 ■ Complete items 1, 2, and S. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed'to: Ms, FranC � S Vo ck�r1� II I �III�I I'll I'I I II III I I Ill! l I I II I i ll II ll I I III 9590 9402 5006 9063 7129 71 2. Article Number (,ranter from service labs!) 12 1010 0002 6168 8793 PS Form 3811, July 2016 PSN 7530-02-000-9053 X B. Received by (Printed ❑ Agent ❑ Addre C. Date of Deliver,, AU44 u v� �^- - ❑ Yes D. Is delivery dress different from item 1 if YES, enter delivery address below: ❑ No ❑ Priority Mail E cPress© 3. service Type [3 Registered MallW ❑ Adult Signature ❑ AA��uuR Signature Restricted Delivery Mail Restnc ex ❑ Delivery aeNfled Maly ❑ Return Receipt for ❑ Certified Mall Restricted Delivery Merchandise ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfinnationTTM Confirmation ❑ Insured Mali ❑ Insured Mall Restricted Delivery O Signature Restricted Delivery (over $5ne Domestic Return Receipt x ❑ Agent 0 Addressee B. Received by (Printed Name) C. Doe i f Delivery D. Is delivery address different from item It YESdenter delivery address below: 14 t / � 4"kL='n 3. Service Type ❑ Adult Signature ❑ gdult Signature Restricted Dal artltied Ma KID ❑ Certified Mail ResMcted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Deilvery (nvnr 4Snm I■ ■ A IT U Yes ❑ No RECEIVED JJ N f3.Zb21 WILM GTON, N ity MiP ss®te ",red Mall Restricted rery tm Receipt for 0 Signature Confirmationv, ❑ Signature Confirmation Restricted Delivery ROY COOPER Governor JOHN NICHOLSON 7nterbn se wy BRAXTON DAVIS Direciw Southern Environmental Group, Inc. c/o Dana Lutheran 531S S College Road, Suite E Wilmington, NC 28412 Dear Ms Lutheran: NORTH CAROLINA Envlronmentaf Quality June 28, 2021 The Division of Coastal Management hereby acknowledges that on June 23, 2021, we received your completed application, acting on behalf of the Hampstead Investment Group, Inc. (for Long View Estates), whereby you are requesting State approval for the development of property located at 139 Dogwood Lane, adjacent to the Atlantic Intracoastal Waterway (AIW W), in Hampstead, Pender County. The projected deadline for making a decision on your permit application is September 6, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 23, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way frontingyour property; or at a point along the road right- of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. S' rely, son Dail Field Representative Cc: Hampstead Investment Group, Inc. -156 Hammock watch Way, Hampstead, NC 28443 RECEIVED JUL 01 2021 DCM—MHD CITY D_it Q YYNanhGrob aDeparlmmtof&Mmr mtalQu ty I rN W..fCoastalManagemmt tlmmgton olfim I W Cm,*W Drive FxWnslon I W&nwgton, North Carolina 284M °' 'a�"°"�� 910.7%.TM M m 0 M m v N0T1(04'$1a?j CAMA PERMIT APPLIED Aicant pro Hampstead, Pender County. 0 FOR to construct a 5-lot «AI%A7f COMMENTS ACCEPTED THROUGH Ju/v 27, 2027 fin, ch APPLICANT: FOR MORE DETAILS CONTACT Hampstead Investment Group, Inc. THE LOCAL PERMIT OFFICER BELOW: c/o Travis Holder Element ammoc a c ay 1 at' 1 —nal Hampstead, NG 2844' _Agent: Southern Environmental Group Inc 1 1 Dana Lutheran (910) 228-1841 ROY COOPER 00r,n)or JOHN NICHOLSON lnnwne,Garewn BRAXTON DAVIS l lnronr. l rn7rum n! (enr June 30, 2021 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice: • Historical Society of Topsail Island • Hampstead Investment Group, Inc. Hello: Please publish the attached Notice in the Tuesday, July 6, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. _ Sincerely, `z LQ- Support & Customer Assistance RECEIVED cc: Gregg Bodnar - MHC WIRO file JUL 01 2021 USACE DCM-MHD CITY State of North Carolina I Environmenml Quality I Coastal Mauagr t 127 Cardinal Drive E a , Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On June 28, 2021, Hampstead Investment Group, Inc. proposed to construct a 5-lot residential subdivision w/section "404" wetland fill, to include infrastructure, boardwalk & kayak launch at 139 Dogwood Ln., adj. to the AIWW in Hampstead, Pender County, And on June 30, 2021, the Historical Society of Topsaillsland proposed to perform new dredging around an existing docking facility at 720 Channel Blvd, adj. to Banks Channel/Topsail Sound in Topsail Beach, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 27, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUL 01 2021 DCM-MHD CITY Major Permit Fee Schedule // ,��"^ Project Name: `O�'v`" Check No & Amount: �3s 460— DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commerclal development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: MID), If General Wat r alit $400 60% ($240) 40% ($160) Certification No. 4175 cannot ppf d: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED JUL 01 2021 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited 1 Permit Holder Number amount Number/Comments 6/29/2021 7/1/2021 T & H Construction Hampstead Branch 33565 $400.00 major fee, 139 Dogwood Lane, JD rct. of NC, Inc. Investment Group Banking Hampstead PnCo SPLIT 60/40 14345 and Trust 0 0 a t� o m m m NC Division of Coastal Management Major Permit Application Computer Sheet AEC: KIww Fee: $ "1`''ao # 311r?1015-1 CDAITS _ .MHC cc r Applicant: : ✓� Agent/Contr c or: �er/ Project Site County: Staff: District: Wilmington Project Name: h �eN% y Rover File: n/a River Basin: Initial date of application sub iltal: Date application "received as complete" in the Field office: Authorization: SITE DESCRIPTION/PERMIT INFORMATION ORW XmYes ❑No PNA: Yes Ill Photos Taken: Yes NpR Setback Required (riparian): ElYes o Critical Habitat: LjYes PNo ONot Sure 15 foot waiver obtained: Yes FNo HazardVotification Returned: ❑ Yes No SAV: ❑Yes4 lwo Not Sure Shell Bottom: ❑Yes�W`No ElNot Temporary Impacts: es [I No Sure Sandbags: Yes No Not Sure Did the land use classification come Mitigation Required (optional): from county LUP�Wyes [-]No Pa/es []No Moratorium Conditions: Envirorqnental Assessment Done: ❑Yes 9No ❑NA Length of Shoreline: IZO ❑Yes eo ❑NA FT. Shellfish Area Designation: scriptio Project De : (code) Development Area: (code) p r- Closed /. f044-'L... SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters INS El Swamp Waters (SW) VLS.High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina U (SY) Salt reed grass (Spartina allemigora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (rypha sp.) spicala) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 El III(A) Private w/ D&F up to 1 acre; 34907arre; I(D) Priv. public or comm w/ D&F to 1 can be applied - $250 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA MajorV Any development involving D&F of permit - $100 permit - $250 e than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1xpress Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - Lj Il. Public or commercial/no dredge $100 and/or fill - $400 RECEIVED ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs JUL 01 2021 DWQ agreement - $400 DCM-MHD CITY Applicant ve 1 Date: 46 ' �' 24 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE i Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One S New Work Repla Maint ❑ ❑ Y N K New WorYMRep ce ?l� Maint ❑ ❑ N New Work Replace Maint ❑ ❑ Y N New WO Repla Maint ❑ ❑ Ylk N New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N r. Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tam im aacts impact amount tam impacts) amount Dredge ❑ Fill Both ❑ Other ❑ 570 Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ / yQ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED JUL 01 2021 919.733-2293,: 1-888-4RCOA8T:: www.nceoastalmanagement.net DCM-MHD CITY revised: 02/26/18 DCM Coordinator: Gregg Bodnar Circle o e: Bio Re / Permit for: Oversize Plans sent / AJ County: Permit #: 1 WIRO E-MAIL DISTRIBUTION SHEET L.i i I ''� ' 9 DCM Offices: Morehead City: PT (if oversize) via Courier / `cc Gregg & Amanda on group email w/ bio.nar .app.drawings, deed, comment sheet "MHC documents (Gregg & Amanda _ Wilmington: Original hard -copy ONLY USACE & DWR (Mrv): Rao mmendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: ',,L' Hair (Pender & Carteret Co): PN, CL, Reports, Split Sheet use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ R: PN, CL, Reports, Split Sheet_ Div of Water Resources: (BR/NH): PN, CL, Reports, Split Sheet _ Hyitey Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet Div of Water Resources: hei i Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: ,/Kim Harding _ DCM Planner/WIRO: �4ike Christenbury Cultural Resources: nee Gledhill -Earley Environmental.Reyiew(o)ncdenr.gov _ Natural Heritage Prog. ,/flodney Butler DCA-Rural Eco. Dev: vi(tiarkZiegler_ NC DOT: ,avid Harris Wildlife Resources: Maria Dunn w/Reports _ State Property Office: Walton: DEED _ Mile Moser _ anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: "Jeremy Humphrey (Bio) / _ VSKaron Gupton, Admin. _ DEMLR: ✓Christine Hall - Stormwater Section QpKSams - Land Quality Section _ Public Water Supply: ✓Heidi Cox City of Wilmington: Enforcement: Field Rep: � y t �I 1 RECEIVED Co. LPO JUL 01 2021 Agent: DCM-MHD CITY DISTRIBUTED: Updated St&21 CAMA/Shaun majors docs/e Agency List BK 4726 PG 344 - 360 (17) This Document eRecorded: Fee: $64.00 DocType: DfT DOC# 20070630 09/25/2020 02:51:14 FIN Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds DEED OF TRUST SECURING FUTURE ADVANCES WHEN RECORDED MAIL TO: FIRST BANK, LOAN OPERATIONS, PO BOX 102D9, GREENSBORO, NC 27404 SEND TAX NOTICES To: FIRST BANK,_ PO BOX 10209, GREENSBORO, NC 27404 Tax: $0.00 This Deed of Tmst prepared by: X am—,ar COLS ;NIN CEYriAT m FOIST BANK AND BRANDON COLBY rr. a"�'ry°�" w sN". Ncaw THIS DEED OF TRUST is dated September 23, 2020, among HAMPSTEAD INVESTMENT GROUP, LLC, whose address is 10280 US HIGHWAY 17, WILMINGTON, NC 28411-6954 ("Grantor'); FIRST BANK , whose address is LANDFALL, 1701 EASTWOOD RD, WILMINGTON, NC 284D3 (raterred to below sometimes as *Lender' and sometimes as "B"i0ary�); and Kirstarl E Foyles, Esq., whose address is 340 Commerce Avenue, Ste 17B, Southern Pines, NC 2E387 (referred to below as "Trustee`)_ CONVEYANCE AND GRANT. NOW, THEREFORE, as security for the Indebtedness, advancements and other sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (maturing allorneys' lees as provided in the Note) and other valuable cortsider ition, the receipt of which is hereby acknowledged, Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to Trustee, and Trustee's heirs or successors and assigns, for the benerd of Lender as Beneficiary, all of Grantor's ngK fitie, and Interest in and to me following described real property, together with all existing or subsequently erected or of ewd buildings, improvements and fcdures; all easements, rights of way, and appurtenances; al warns, water rights and ditch righis ('mdudirg stock in utilides with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the 'Real Property) loafed In RENDER County, State of North Carolina: See ATTACHED EXHIBIT A, which is attached to this Deed of Tnist and made a part of this Deed of Trust as if fully set forth herein. The Real Property a its address is commonly known as 7.44 +1- ACRES (PARCEL d3281-95-2648-0000, 3281-85-3504-0000, 3281-85-6187-0000, 3281-95-7002-DOW and 32814il5-9562-0000) ON DOGWOOD LANE, HAMPSTEAD, NC 28443. To have and to hold said Real Property, with as privileges and appurtenances thereurdo belonging, to the Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses hereinafter set forth. RECEIVED RECEIVED JUN 2 3 2021 JUL b 1 2021 DCM WILMINGTON, NC DCM-MHD CITY submitted electronically by "Colby & Mincey, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Render county Register of Deeds. BK 4726 PG 345 DOC# 20070630 DEED OF TRUST (Cattinufem Page 2 Grantor presently assigns to Lender (also known as Beneficiary In this Dead of Trust) all of Grantor's right, tide, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest In the Personal Property ant Rents. THIS DEED OF TRUST, INCLUDING THE ASSIONMEJNT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: FUTURE ADVANCES, The Indebtedness secured by this Dead of Trust is for present and future advances and/or present and future obligations that may from time to time be made or incurred under this Deed of Trust and this Dead of Trust Is given to secure all present and future advances and/or obligations made co or incurred by Grantor. The period in which future advances may be made and/or future obligations may be incurred and secured by this Deed of Trust is the period between the date hereof and that date which is thirty (30) yeere from the data hereof. The amount of present obligations secured by this Deed of Trust is Four Hundred Sixty-one Thousand Five Hundred & 00/100 Dollars ($461,500.00) and the maximum principal amount including present and future advances and/or obligations, that may be secured by this Deed of Trust at any one time is Four Hundred Sixty-one Thousand Frve Hundred & 001100 Dollars ($461,500.00.) This Deed of Trust shall also secure all payments made, sums advanced, and expenses incurred by Lender (A) for insurance, taxes, and assessments, (B) to protect Lender's Interest under this Deed of Tnat, or (C) to preserve and protect the value or condition of the Real Property encumbered by this Deed of Trust and shall have the sane priority as if they had been paid, advanced or incurred at the time this Deed of Trust was registered. Further advances may be made and additional obligations secured by this Deed of Trust may be insured from time to time within the thirty (30) year time limit fixed by this Deed of Trust, prrwided that the maximum principal amount of obligations outstanding at any one time shall not exceed the maximum amount set forth above. AN future advances and/or obligations shall be considered to be made or incurred pursuant to the requirements of North Carolina General Statute$ Sections 4567. at. saq., or any amendments thereto, PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Grantor shah pay to Lender all amounts secured by this Deed of Trust as they become due, and shell strictly and in a timely manner perform all of Grantor% obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage Uhe Property; and (3) Collect the Rents from the Property. Duty to Maintain. Grantor shall mabrtain the Property in tenantable condition and promptly perform ali repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environments) Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no me. generation, manufacture, storage, treatment disposal, release or threatened release at any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no krowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) arty breach or violation of any Envimnmentai Laws, (b) any use, generation, manufacture, storage, treatment disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (a) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity Shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC µ-7 f it BK 4726 PG 346 DOC# 20070630 DEED OF TRUST (Continuer) Page 3 tests, at Grantor's expense, as lender may deem appropriate to determine compliance of the Property with this section of the Devi of Trust Any inspections or bests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grarmor's due diligence In investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for deanup or other coats under any such laws; and (2) agrees to indemnify, deterM, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expanses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, srorage, disposal, release or threatened release occurring prior 10 Grantors ownership or nterest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the peed of Trust, including the obllgahon to indemnity and defend, shall survive the payment of the indebtedness and the satisfaction anti recomeyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest In the Property, whether fly foreclosure or otherwise. Nuisance, Waste, Grantor shall not cause, conduct or permit any nuisance nor commit permit or Suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other parry the right to remove, any limber, minerals (including oil and gas), coal, day, scoria, sod, gravel or rock products without Lender's prior written consent Removal of Improvements. Grantor shad not demolish or remove arty Impnay, mta from the Real Property Without Iender's prior written consent. As a conciftbn to the removal of any Improvements, Lender, may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value, Lender's Right to Eater. Larder and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to ir+spect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust Compliance With Governmental RequitemenLs. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental autiforitiers applicable to the use or occupancy of the Property, including without limitation, the Americans vkrth Disabililles Act. Grantor may contest in good faith any such taw, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lerner in wilting prior to doing so and so long as, in Lander's sale opinion, Lenders Interests In the Property are not jeopardtred. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest Duty to Protect Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from me character and use of the Property are reasonably necessary W protect and preserve the Property. DUE ON SALE • CONSENT BY LENDER. Lender may, at Larder's option, declare Immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's poor written consent, of all or any part of the Real Property, or any interest in the Real Property. A 'sale or transfer" means the conveyance of Real Property or any right title or interest io the Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary, whether by outright sale, need, insffi@rrrent sale contract, land contract, contract for deed, leasehold interest with a tmn greater than three (3) years, le�ptim contract or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to the Baal Property, or by any other method of conveyance of an interest in the Rol Property. H any Grantor is a corporation, partnership or limited liability company, transfer also includes any restructuring of the legal artily (whether by merger, division or otherwise) or any change In ownership of more than twenty-five pefoerd (25%) of the voting stock, partnership interests or limited liability company interests, as the -- may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or RECEIVED JUL d 12021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON. NC BK 4726 PG 347 DOC# 20070630 DEED OF TRUST (Conitintled) Page 4 by North Carolina law. TAXES AND LIENS. The following provisions relating to the taxes and liens 01 the Property are part of this Dead of Trust: Payment Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (ndudng water and sewer), fares and impositions levied ageast or on account of the Property, and stall pay when due all claims for work done on or for services rendered a material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, alrcl3pt for the 1"ten of taxes and assessments not due and except as otherwise provided in this Deed of Trust Right to Contest. Grantor may wdhhola payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopxdized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises Dr. N a lien is toed, within fifteen (15) days ahee Grantor has notice Of the filing, secure the discharge of the ben, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufacieit to discharge the lien plus any costs and reasonable aRorneys' fees, or Other Charges that Could acenle as a result Of a foreclosure or sale under the lien. In any contest, Grantor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement agairW the Property. Grantor shall name Lender as an additional obligee under any surety bond furnshed In the contest proceedings - Evidence of Payment. Grantor shell upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appmprate govenumemal official to deliver to Lender at any time a written statement of the taxes and assessrnents against the Property. Notice Of COnstrUCtlan. Grantor shall notify Lander at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, it any mnxharuc's lien, materaumen'e lien, Or omen lien could be asserted on account of the work, services, Or materials. Grantor will upon request of tender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the Cost of such improvements, PROPERTY DAMAGE INSURANCE. The 1011010wing provisions slating to insuring the Property are a part of this Dead of Trust Maintenance Of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any Doi sumnce clause, and with a standard mongagee claotse In favor of Lender. Grantor shall else procure and maintain comprehensive general Iiablif ty insurance in such coverage amounts as Lander may request with Trustee and Lender being named as addrtionaf insureds in such liability insurance policies. Additionally, Grantor shall malntwn such other insurance, including but not limited to hazard, mess interruption, and boiler insurance, as Lender may reasonably require. Policies shell be written in form, amourds, coverages and basis reasonably acceptable to Lender we issued by a company Or companies reasonably acceptable to lender. Grantor. upon request of Lender, will delNcv to Lender from time be time the policies or cerdficffies of insurance in form satisfactory to Lender, including sbptulations that coverages will not be carntelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shell include an endorsement providing flat coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person_ Should the Real Property be located in an area designated by the AdminfstraW of the Federal Emergency Management Agency as a Special flood hazard area, Grantor agrees to obtain arid mamthajn flood msurmeoe it available, for the full unpaid principal balance of the ioan and any prior hem oft the property securing the loan, up to the maximum policy !imps set under the National Rood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Flood insurance may be purchased under the National Flood insurance Program, from private insurers providing 'private flood insurance` as defined by applicable federal flood insurance RECEIVED JUL 61 2021 RECEIVED JUN 2 3 2021 DCM-MHDCITY DCM WILMINGTON. NC A pA*4 $ BK 4726 PG 348 DOC# 20070630 DEED OF TRUST (Continuer!) pw a stabries and regulations, or from another flood Insuranrca provider that is both aocepteble to Lender In Its sole discretion and permitted by applicable federal flood insurance statutes and regulations. Application of Proceeds Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of foss if Grantor fails to do so wtthin fifteen (15) days of the casualty. Whether or not Lenders security is impaired, Lender may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, Or the restoration and repair Df the Property. If Lender elects to apply the proceeds to resroration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds toy the reasonable cost of repair or restoration it Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, than to pay accrued interest, and the remainder, it any, shall be applied to the prfncipW balance of the Indebtedness. If Lender Folds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantors interests may appear_ Grardoea Report on Insurance. Upon request of Lander, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the Insurer, (2) the risks Insured; (3) the amount of the policy; (4) the property Insured, the then current replacement value of such property, and the manner of deterrndn'urg that value; and (5) the expiration date of the Policy Grantor shall, upon request of Lender, have W independent appraise, satisfactory to Lender determine the cash value replacement cost of the Property. LENDERS EXPENDITURES. It any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor falls to comply with any pnlvlsion of this Deed of Trust or arty Related Documents, including but not limited to Grantors failure to discharge or pay when due any amounts Grantor is required to discharge Or pay under this Deed Of Trust or any Fleeted Documents, Lender on Grantor's behalf may (but stall rot be obligated to) take any action that Lender deems appropriate, Including but not iirn"ted to discharging or paying at taxes, liens, securhy interests, encumbrances and other Jaime, al any time levied or placed on the Property and paying all vests for insuring, maintaining and preserving the Property. All such expendlIms incurred Or paid by Lender for such purposes will than bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grenor. All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) fie Tear of any applicable insrlrance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Notes maturity. The Deed of Trust also will secure payment of theee amourro. Such right shall be in addition to all other rights and remedles to which Lender may be entitled upon the occurrence of any Event of Default WARRANTY; DEFENSE OF TITLE The following provisions relating to ownership of the Property are a pad of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other than those set forth it the Real Property description or h any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the fail right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paregrapn above, Gramdr warrants and will forever defend the the to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed Of Trust, Grantor Shell defend the action ad Grantor's expense. Grantor may be the norninal party in such prooeeding, but Larder shall be entitled to participate in the proceeding wd to be represented in the proceeding by counsel of Lenders own choice, and Grantor will deliver, or cause to be delivered, to Lander such instruments as Lender may request from time to time to permit such participation. RECEIVED RECEIVED JUN 2 3 2021 JUL 01 2021 DCM WILMINGTON, NC DCM-MHD CITY BK 4726 PG 349 DOC# 20070630 DEED OF TRUST (Continued) page 6 Compliance With laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ortfirimces, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, am agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall romain In full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in wridemnetion is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly lake such snips as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding by counsel of fts own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds, If all a any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in Heu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or emotion of the Property. The net proceeds of the award shall mean the award attar payment of all reasonable costs, expenses, raid attorneys` fees incurred try Trustee or Lander in connection with the condemnation. IMPOSTTItON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a pert of this Deed of Trust: Current Taxes, Foss and Charges Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action Is requested by Lender to perfect and Continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary camps, and other charges for recording or registering this Deed of Trust Taxes. The fogowing stall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Tnrst; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is ensued subsequent o the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise arty or all of its available remedies for an Event of Default as provded below unless Grarlor either (1) pays the tax before it becomes deMquert4 or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS The following provisions rotating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument snag constitute a security Agreement to the extern any of the Property constrill futures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Cotle as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lenders security interest In the Rends and Personal Property. In addition to recording RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON. NC 67*69 BK 4726 PG 350 DOC# 20070630 DEED OF TRUST (COfninui Page 7 fhis Deed of Trust in the rest property records, Lender may at any titan and without further authodzabon from Grantor, hie executed counterparts, Copies or reproductions of this Dead Of Trust as a financing statement Grantor shall reimburse Lender for all expenses Incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property Upon default, Grantor shell assemble any Personal Property not affixed to the Property in a manner and at a piece reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from tender to the indent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lentle (secured party) from which information conceming the security interest granted by this Deed of Trust may be obtained (each w required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust FURTHER ASSURANCES; ATTORNEY-1N•FAM The tollowing provisions relating to further assurances and attomey-in-tack are a part of this Deed of Trust. Further Assurances. At any time, and from time to time, upon request o1 Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to tender or to Lender's designee, and when requested by Lender, cause to be sled, recorded, refried, or rerecorded, as the case may be, at such fimes and m such offices and places as Lender may deem appropriate, any and all such mortgages, deeds Of trust, Se L-Ity deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary Or desirable In order to effectuate, complete, perfect continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust and the Related Documents, and 0 the liens and security interests created by this Deed of Trust as first and prior Items on the Property, whether now owned or hereafter acquired by Grantor. The lien of this Deed of Tmst and the security Interest granted hereby will automatically attach, without further act, to all after- quired property attached to and or used in the operation of the Property or any part thereof. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for ail Costs and expenses incurred in connection with the matters referred to in this paragraph, Attorney -in -Fact. If Granter falls to do any of the things referred to In the preceding paragraph, finder may do so for and in the name of Gremor and at Grantor`s expense. For such purposes, Grantor hereby Irrevocably appoints Lender as GrantOrt allomeyyn-fact for the purpose of mailng, executing, delivering, filing, recording, and doing a]I other things as may be necessary w desirable, in Lenders sole opinion, to accomplish the matters referred to in the precedirhg paragraph. FULL PERFORMANCE if Grantor pays all the indebtedness when due, and otherwise perfomis Wll the obligations imposed upon Grantor under this Deed of Trust. Lender shall submit for recording a satisfaction of sewdty, Instrument and Shea execute and delhrer to Grantor suitable sfatamsms of termination of any rmfinancing statement on file evidencing Lenders security interest in the Rents; and athe Personal Property. Arty reconveyance fee required by law shall be paid by Grantor, it permitted by applicable law. DEFAULT. Each of the following, at Lenders option, shall constitute an Event of Default under this Deed of Trust: Payment Deli Grantor fails to make any payment when due under the Indebtedness Default on Other Payments. Failure of Grantor within the time required by this Deed of Tnist to make any payment for taxes or insurance, or any other paymem necessary to prevent filing of or to effect discharge of any lien. Other Defaulls. Grainer falls to comply with or to perform any other term, obligation, cevenart or condition contained In this Deed of Trust or In any of the Related Docurnerffs or to comply with or m perform any tern, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Caropliarim Default Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 202.1 DCM WILMINGTON- NO = BK 4726 PG 351 DOC# 20070630 DEED OF TRUST (ContinuecQ Page B Emrironmental Default Failure of any party to comply with or perform when due any term, obligation, Covenant or Condition tynteined in any environmental agreement executed in connection with the Property. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreemerit, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform GranorS obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or tumished to Lender by Grantor or on Grantors behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Detective Collaterelit:ation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (irxduding failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason Death or arsolverrcy. The dissolution of Grantor's (regardless of whether election to continue is made), any member wiltrdraws from the limited liability tympany, or any other termination of Grantors existence as a going business or the death of any member, the Insolvency of Grantor. the appointment of a receiver for any pan of Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any prome6ng under any barilaurtcy or Insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings Commencement of foreclosure or forfeiture proceedings, whather by judicial proceeding, self-help, repossession or arty other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantors accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the creci for or forfeiture proceeding and if Grantor gives Lender written notice of the Creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreemcrtt Any breach by Grantor under the terms of arty other agreement between Grantor and Lender that is not remedied within any grace period provided therein, Including without limitation any agreement concerning tiny indebtedness or other obligation of Grantor to Lander, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor des or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantors financial condrhon, or Lender believes the prospect of payment or performance of the Indebtedness is Impaired. Insecudty. Lerider in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT. If an Evers of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise airy one or more of the following rights and remedies: Election of Remedies Eloction by Lender to pursue any remedy shah not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trost, after Grantor's failure to perform, shah not affect Lenders right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penally which Grantor would be required to pay. RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC "S BK 4726 PG 352 DOC# 20070630 DEED OF TRUST (Continued) Page 9 Express Power of Salle Prevision. Upon the application or request of Lender, it shall be lawful for and the duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to set the Property at public auction for cash, after havug firs, complied with all applicable requirements of North Carolina law with respect to the exercise of powers of sale contained In deeds of trust or such other sales appropriate under the circumstances; and upon any such sale, the Trustee shall convey tide to the purchase in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the powers grained In this Dead of Trust, Or pursuant to any order and any judicial proceeding or otherwise, the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its We discretion may elect Trustee shall be authorized to hold a sale pursuant to North Carolina General Statute Chapter 4& If Trustee so alects, Trustee may sail the Property covered by this Deed of Trust at one or more separate sales in any manner permitted by applicable Norm Caroline law, and any exercise of the powers granted In this Deed of Trust shall not extinguish or exhaust such powers, until the entire Property Is sold or the indebtedness is paid in full. If such indebtedness is now or hereafter further secured by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security Instruments, lender may at its option exercise the remedies granted under cry of the security agreements elther concurrently Or Independently and in such order as LaMar miry determine. Foreclosvm. With respect to all or any part of the Red Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by appil able law. UCC Remedies. With respect to all or any part of the Personal Property. Lender shall have all the rights and remedies Of a segued party under the Uniform Commercial Code. Collect Remo. Larder shall have the right, without notica to Grantor to take possession of and manage the Property and collect the Remo, Including amounts past due and unpaid, end apply the net proceeds, over and above Lerders costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rants are collected by Lender, than Grantor irrevocably designates Lender as Grankr's attomey-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to tender In response to lnnders demand shell satisfy the obligations for which the payments are made, whether or not any proper grounds for the dernmd existed. Lender may eicerdae its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receive appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property Preceding foreclosure or sale, and to collect Me Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indetnetlness. The recerver may serve without bond if permitted by law, Lender's right to the appointment of a receiver shell exist whether or not the apparent vaue of the Property exceeds the indebtedness by a substantial amount Employment by Lender shall not disqualify a person from senMg as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default Of Grantor, Grantor shelf become a tenant at aufteranee of Lender or the purchaser of the Property and shall, at Lenders option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Dead of Tout or the Note or available at law or in equity Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other InWKW disposition of the Personal Property Is to be made. Reason" notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON. NC' BK 4726 PG 353 DOC# 20070630 DEED OF TRUST (Continued) Page To Sale of the Property. To the extent pernnited by applicable law, Grantor hereby waives any and an rights to have the Property marshalled. In exercising Its rights and remedies, the Trustee or Lender shag be tree to sell all or any part of the Property together or separably, In one sale or by separate sales. Lender shag be entitled to bill at any public sale on all or any portion of the Property. Attorneys' Feet Expenses. It Lender insitWs any suit or action to enforce any of the terms of this Deed of Trust, Lender shag be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not proNbited by law, all reasonable expenses Lender Incurs that in Lenders opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a pars of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without fimitaaon, however subject to any limits under applicable law, tenders reasonable atomeys' fees and Lenders legal expenses, whether or not there Is a lawsuit, including reasonable attorneys' fees and experts" for bankruptcy proceedings (nciuding efforts to modify or vacate arry automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided bylaw. Rights or Trustee. Trustee stall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustier. In addition to all powers of Trustee arising as a matter of law, Trustee alall have the power to take the following actions wit) respect to the Property upon the written request of tender and Grantor: (a) pin in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public. (b) join in grating any cerement or seating any restriction on the Real Property, and (c) join in any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust Trustee. Trustee shall meet all qualification required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shag have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, In either case in accordance with and to the full extent provided by applicable law. Tm~s Fees The Tn,stae's commission shall be fva percent (5%) of the gross proceeds of the sale for a completed foreclosure. In the event foreclosure a commenced, but not completed, Grantor shall pay all expenses incurred by Trustee and partial commission computed on five percent (5 k) of the outstanding Indebtedness, according to the following schedule: one-fourth of the commissdon before Trustee issues a notice of hearing on the right to foreclosure; one-half of the commisson after Issuance of notice of hearing; three -fourths of the commission after a hearing; and the fug commission after the initial sale_ Express Power to Substhda a Trustee Lender shall have the irrevocable right to remove at any time and from time to time without lint the Tnatee named in this Deed of Trust without notice or cause and to appoint a successor by an instrument In writing, duly acknowledged, in such a form as to entitle such written instrument to be recorded in the State of North Caroline: and, in the event of the death or resignation of the Trustee harried in this Deed of Trust, Lender stall have the right to appoint a successor by such written instrun , and any Trustee so appointed shall be vested with the title to the Property, and shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee. NOTICES. Any nonce required to be given under this Dead of Trust, including without limitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by teleflics'enlle (napless otherwise required by lad), when deposited with a nationally recognized overnight courier, or, if mailed. when deposded in the United States mail, as first cars, certified or registered mal postage prepaid, directed to the addresses shown near the beginning Of this Deed of Trust. RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC KS-448 BK 4726 PG 354 DOC# 20070630 DEED OF TRUST (Continued) page 11 Any party may charge its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the panes address. For notice purposes, Grantor agrees to keep Lender informed at NI tens of Grantor's current address. Unless othewise provided or required by law, it there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the encore understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given In writing and signed by the party or Parties sought to be charged or bound by the alteration a amendment. Annual Reports. if the Property is used for purposes other than Grantor's resdence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all can receipts from the Property less all cash expendifum made In connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of TruaL Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held try or for the bereft[ of Lender in any capacity, without the written consent of Lender. Governing law. This Deed of Trust will be governed by federal law applicable to sender tine, to the extent not preempted by federal law, the lava of the State of North Carolina without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lander in the State of North Carolina. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Deed Of Trust shall not prejudice or conshtuta a waiver of Lender's right otherwise to demand strict compfianoe with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instar�s where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lenders Sevembility. If a court of Competent jurisdiction finds any provision of thus Deed of Trust to be rlegal, Invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable ss to any other circumstance. If feasible, the offending provision shag be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shell be considered deleted from this Dead of Trust. Unless dherwise required by law, the illegality, invalidity, or unenforceability o1 any provision of this Dead of Trutt shall not affect the legality, validity or enforceability of any other provision of this Deed or Trust Successorsand Assignor Subject to any limitations stated in this Deed of Trust on transfer of Grantor's Interest this Deed of Trust shag be binding upon and inure to the benefit of the parties, Lair suocessors and assigns. It ownership of the Property becomes vested in a person other than Grantor, Lender, wthotrt notice to Grantor, may deal with Grantors successors with referenco to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the Obggatons of this Dead of Trust or liability, under the indebtedness - Time Is of the Essence. Time Is of the essence in the performance of this Deed of Trust RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC BK 4726 PG 355 DOC# 20070630 DEED OF TRUST (Continued) Page 12 DEPINMOPM The following capitalized words and tenna shall have the following meanings when used in this Deed of Trust Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shaft include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word 'Beneficiary' means FIRST BANK, and its successors and assigns. Borrower. The word 'Borrower" means HAMPSTE4D INVESTMENT GROUP, LLC and includes all co-signers and ca-makers signing the Note and all their successors and assigns. Dead of Tntst. The words 'Deed of Trust" mean this Dead of Trust among Grantor, Lender, and Trustee, and includes without limtation all assignment and security interest provisions relating to the Personal Property and Rents Environmental Laws. The words 'Environmental Lawa" mean any and all slate, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Ccmpreharsive Environmental Response, Compensation, and Liabiffty Ad of 1980, as amended, 42 U.S-C. Secton 9601, et seq. ('CERCLX), the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99-499 ("SARA"), the Hazmdaas Maleriels Transportation Act 49 U.S.C. Section 1801. of seq., the Resource Conservation and Recovery Act 42 U.S.C. Section 8901, et seq., or other aWicabie state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default The words'Evern of Defaua" mean any of the everts of default set forth in this Deed of Trust in the default section of this Deed of Trust. Grantor, The word 'Grantor' meant HAMPSTEAD INVESTMENT GROUP, LLC. Guarantor. The word "Guarantor" means any guarardor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guarar4- means the guaranty from Guarantor to Lender, Including without limitation a guaranty of all or part of the Note - Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration a physical, chemical or infectious characteristic, may cause or pose a present or potential hazard Lo human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined try or fisted under the Environmental Laws. The term "Hazardous Substances' also includes, without fimhation, petroleum and petroleum by-products or any fraction thereof and asbestos- Impravemants. The word 'Impmvemerf6° meads all existing and future improvements, buildings, structures, tdtoile homes affixed an the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness' means all principal, interest and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substftutioru for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obigations under this Dead of Trust, together with interest on such amounts as provided in this Deed of Trust Lender. The word "Lender' means FIRST RANK . its successors and assigns. Note. The word "Note" means the promissory note dated September 23, 2020, In the original principal amount of $481,500.00 from Grantor %a Lender, together with all renewals of, extensions of, modifications at, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO RECEIVED JUL 01 2021 RECEIVED JUN 2 3 2021 DCM-MHQ CITY DCM WILMINGTON, NC 14` 0 BK 4726 PG 356 DOC# 20070630 DEED OF TRUST (Continued) Page 13 GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE Personal Property. The words 'Personal Property" mean ail equipment, fomres, and other arbdes of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with ell accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (Including wtllhout limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The vord'Property' means collectively the Real property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust ReW@d Documents. The words "Related Documents" mean all promissory notes, credit agreements, ban agreements, environmental agreements, guaranties, security agreements, mortgagm deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or thereafter existing, executed in oonnection with the Indebtedness. Rent: The wore "Rerns" means alt present and fixture rents, revenues, Income, issues, royalties, profhs, and other benefits derived from the Property_ Trustee The word -Trustee" means Karsten E. "as, Esq., whose address is 340 Commerce Avenue, Ste 17B, Southern Pines, NC 28387 and any substtute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. THIS DEED OF TRUST IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DEED OF TRUST IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: HAMPSTEAD INVESTMENT GRO�UP�LIZ By: (Seel) A�YJ G. SMITH, Member/ �/ Manager all HAMPSTEAD ;;?7, LLC �./J. (Seal) TRAVIS R. HOLDER, Member / Manager of HAMPSTEAD INVESTMENT GROUP, LLC RECEIVED JUL 0 12021 DCM-MHD CITY RECEIVED JUN E 3 4M ) DCM WILMINGT; ov , r BK 4726 PG 357 DOC# 20070630 DEED OF TRUST (Continued) Page 14 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATEOF N00 CUY6ILhR ] �1 ]SS COUNTY OF iGlwlir ] 'Nkt o, 4 `1Y1 tt 11 Kw n NnRw Pith( fnt aA r ,rtN AM Cta oerlify Out ANDREW 0. SMITH, Member / Manager of HAMPSTEAD INVESTMENT GROUP, LLC personally came before me this day and acknowledged the due exewdon of the foregoing Instrument in writing by himself or herseff for HAMPSTEAD INVESTMENT GROUP, LLC, a 6mRed liability company, for the uses and purposes therein set forth. Wftrtesa my hand and Notarial Seal this the ` day dq { Mky- 20vr� NAV" h �Zf{itUillV Notary Ptrblk My Commission Expires: 1T 1.It'� ( Affix Notarial Seal Here ) RECEIVED 'JUL 01 2021 (RECEIVED JUN 2 3 �021 DCM-MHGCIiY DCM WILMINGTON, NC;� i BK 4726 PG 358 DOC# 20070630 DEED OF TRUST (Continued) Page 15 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATEOF I `°" CAA1tI"I� ) COUNTY OF p&y) 'y- ) 1, V k-a �-' V Ae "" ' e Notary PuUic for said County and State, certify that TRAVIS R. HOLDER, Member / Manager of HAMPSTEAU INVESTMENT GROUP, LLC Personally came before me this day arxi acknowledged the due execution of the foregoing Instrument In writing by hlmsen or herself for HAMPSTEAD INVESTMENT GROUP, LLC, a limited liability company, for the uses and purposes therein set forth. Witness my hand and Notarial Sea! this the day of �' &)�jv-\/ Notary Plmitc My Commission Exores: tti ez tia Nota 'j�CIA R y publircjy ( Affix Notarial Sea! Here) Mee dmh10 Cbo hE4pR IigB �0,I) . d/DA R.. I, Las Pro, Ver. 2020.043 Copr. Fnestra USA Corporation 1997. 2D20. All Rights Reserved. - NC C:VCFIILPBG?01.FC TR-12904 PRAD RECEIVED JUL 01 2021 DCM-MHD Cm• RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC `, J BK 4726 PG 359 DOC# 20070630 Exhibit "A" Tract # 1: BEING ALL of Tracts 6 and 7 as shown on a map entitled "Map of Survey of Thomas Division" as recorded in Map Book 14 at Page 78 of the Ponder County Registry, LESS AND EXCEPT that portion previously conveyed by deed recorded in Book 980, Page 358 of the Pender County Registry. Also less and except that portion of Tract 6 described separately (being a separate tax parcel) as Tract #2 herein below. Tract #2: BEING ALL of Lot 6A as shown on a map entitled "Map of Survey for Leslie Wayne Batson, Sr. and wife Doris T. Batson' as recorded in Map Book 27 at Page 130 of the Ponder County Registry and being further described as follows: Beginning at an iron pipe in the southwestern line of Tract No. 6 as shown on a map entitled "Map of Survey of Thomas Division' as recorded in Map Book 14 at Page 78 of the Pender County Registry, said beginning iron pipe being located South 43 degrees 59 minutes 40 seconds East 502.74 feet as measured along said southwestern line from the most western comer of said Tract No. 6, running thence from said beginning point with said southwestern line, South 43 degrees 59 minutes 40 seconds East 250.94 feet to the high water line, the most southern corner of said Tract No. 6, running thence with said high water line in a northeasterly direction to an iron pipe, said iron pipe being located a chord bearing and distance of North 33 degrees 51 minutes 40 seconds East 94.95 feet from the preceding point; running thence North 43 degrees 59 minutes 40 seconds West 250.00 feet to an iron pipe; running thence South 34 degrees 25 minutes West 94.76 feet to the beginning and containing 0.53 acres and being a portion of the above - mentioned Tract No. 6 as conveyed to Leslie Wayne Batson, Sr. and wifc, Doris T. Batson by deed recorded in Book 504, Page 131 of the Ponder County Registry. Tract #3: BEING ALL of Tract 8 as shown on a map entitled "Map of Survey of Thomas Division" as recorded in Map Book 14 at Page 78 of the Ponder County Registry. Tract #4: BEING ALL of Tract No. 1 I as shown on a map entitled "Map of Survey of Thomas Division" as recorded in Map Book 14 at Page 78 of the Pender County Registry and being a portion of the lands described in Book 504 at Page 132 of the Ponder County Registry. RECEIVED JUL 01 2021 DCM-MHG CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC BK 4726 PG 360 DOC# 20070630 Exbibit "A" ` Parcel BEGDU41NG at a point in the Southeastern right of way line of Dogwood lane, S. R. 1649, 25 feet from the centerline, thereof, said beginning point being the most northern corner of those lands shown as Leslie W. Batson, Jr, Denise C. Batson, Richard Eric Witherspoon, Kelly B. Witherspoon on a map entitled "Map of Survey for Leslie Wayne Batson, Sr. and wife, Doris T. Batson" recorded in Map Book 27 at Page 130 of the Pander County Registry; running thence from said beginning point with the above mentioned right of way line of Dogwood Lane, South 44 degrees 20 minutes 20 seconds West 9121 feet to the P. C. of a circular curve to the left having a radius of 155.6631 feet running thence with said curve to a point that is located a chord hearing and distance of South 37 degrees 03 minutes 37 seconds West 39.44 feet from the preceding point; running thence again with said curve to a point at the southeastern end of said curve, said point being located a chord bearing and distance of South 1 degree 55 minutes 05 seconds East 16339 feet from the preceding point running thence again with said right of way line, now the northeastern right of way at, South 33 degrees 37 minutes 04 seconds East 247.00 feet to a point at the northwestern end of a circular curve to the right having a radius of 260.69 feet passing over an inline iron pipe at 54.11 feed running thence with said curve to a railroad spike in the base of a 12 inch hickory, said railroad spike being located a chord bearing and distance of South 32 degrees 32 minutes 35 seconds East 9.78 feet from the preceding point; running thence with the northwestern line of Felix N_ Melvin, North 72 degrees 52 minutes East 47.78 feet to an iron pipe; running thence with a northeastern line of Felix N. Melvin South 45 degrees 31 minutes 40 seconds East 439.89 feet to an iron pipe at the high water line or edge of the marsh of Topsail Sound, passing over inline iron pipes at 191.01 feet and 388.14 feet; running thence with the high water line or edge of the marsh in a northeasterly direction to a point that is located North 25 degrees 46 minutes 45 seconds East 24 7.06 feet from the preceding iron pipe; running thane with the southwestern line of the Leslie Wayne Batson, Sr. and wife, Doris T. Batson lands, North 43 degrees 59 minutes 40 seconds West 758.68 feet to the beginning point, passing over inline iron pipes at 25.00 feet, 150.97 feet, 250.94 feet 35094 feet, 443.55 feet, 534.79 feet, 66330 feet and 753.68 feet Contained within the above described parcel is a total of 43278 acres which consists of the remaining 4.2080 acres of Tract No. 9 of the Thomas Division recorded in Map Book 14 at Page 78 after the exclusion of Parcel Number 116 as shown on the map of Dogwood Lane recorded in Map Book 23 at Page 126, and also consisting of the 0.0135 acre Parcel Number 108 and the 0.1063 acre Parcel Number 109 both as shown in Map Book 23 at Page 126- The above described parcel being conveyed is the same lands shown as Leslie W. Batson, Jr, Denise C. Batson, Richard Eric Witherspoon, Kelly B. Witherspoon on the above mentioned map recorded in Map Book 27 at Page 130 of the Ponder County Registry. 2nd Parcel BEING ALL of Tract No. 10, all marshland, as shown on a map entitled "Map of Survey of Thomas Division" recorded in Map Book 14 at Page 78 of the Pender County Registry. All of the above lands were conveyed by Anthony Keen Manero and wife, Elizabeth T. Manero to Leslie W. Batson, Jr., Denise C. Batson, Richard Eric Witherspoon and Kelly B. Witherspoon by deeds retarded in Book 748 at Page 643 and Book 849 at Page 249, both of the Pander County Registry. The above description was prepared by Johnie C. Garrason, R. L. S. No- L-1347 from various rsurvey I V ED Johnie C. Gaason R. L. S. No. L -I347 from July 1976 thru August 1992. RECEIVED JUL b 120''1 - JUN 2 3 2021 DCM WILMINGTON, NC !,; DCM-MHG (-TV Lonpview Estates CAMA Major Permit PN ,�jF Cli Attachment 10 Adjacent Property Owner Notification Certified Mail Green Cards RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON. NC Page 14 of 14 (Rev. 6115/21) Longview Estates CAMA Major Permit PN Attachment 1 Longview Estates Aerial Photo and Tract Map NC Kt_U1=1VED Page 5 of 14 (Rev. 6/15l21) JUL 01 2021 1t? *b$ DCM-rL4HD rir Longview Estates CAMA Major Permit PN (11 Attachment 3 DWR Water Classification Mao '•�2b [ir Ku `rk, 0�3 t`ati G A - PO Q�r i. Ir Surfaoa Watar Classlfleatlons: L� -_� Topsa I Sound and %I c : ^gar,: Sound ORW Area Descr pt.on: All waters besreen the Barrier Islands and the mainland located bewean e line running from the western most shore of Mason Inlet to the soudw2stem shore of Howe Creek and a line runKrl.g from tee western shore of New Tooseil Inlet to the eastern mouth Classfcaron.: SA;ORW Date of Decembsr311989 Class.: What Coos ''orer=� JUL d 1 2021 bcM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Page 7 of 14 (Rev. 6/15/21) Longview Estates CAMA Maior Permit PN SF Cii Attachment 4 USACE Preliminary Jurisdictional Determination RECEIVED JUL 6 1 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Page 8 of 14 (Rev. 6115/21) .p U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-0507 County: pmder U.S.G.S. Quad: NC- li mmwit NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Hampstead Investment Group 1 LC Andrew Smith Address: 10280 US Hiehwav 17 North RF Wilmington, North Carolina 28411 C�JI�leO Telephone Number: 910.262.6744 E-mail: andrew(&hampsteadnchomescom Alz e 1 � Size (acres) 7.55 Nearest Town Hampstead 2u; O�.M Nearest Waterway AIWW River Basin White On MHC CST._ USGS RUC 030_ 20302 Coordinates Latitude: 3433518 ' 1' Longitude:-77.71099 Location description: The property is located west of 139 Dogwood Irne in Hampstead Pender County North Carolina Indicate Which of the Following ADDIv: A. Preliminary Determination ® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/13/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved 1D, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWAx33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary, jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. RECEIVED ❑ There are wethads on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this deteldiiAti2n&&W relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may ltLAA itl Qnc t NG this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The wetlands on your project arealproperty have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have Q'7-+/04r SAW-2020-0507 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Ad (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily Greer at 910.251.4567 or em ilv.c.ereerti.usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 12/31/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to staring work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in & above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fad sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers RECEIVED South Atlantic Division A": Jason Steele, Review Officer JUL 01 2021 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 DCM-MHD CITY In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this coiR40B GREER.EMILY.C.138 Digitally signed by GREER.EMILY.C.1385325300 JUN 2 3 2021 Corps Regulatory Official: 5325300 Date:2020.12.31 20:18:39 -05'00' Date of 1D: 12l312020 Expiration Date of JD: Not applicable DCM WILMINGTON.. NC 429d9.Its SAW-2020-0507 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.amry.miVcm_apextf713=136:4:0 Copy famished: Agent: SEGi David Scibetta E-mail: DScibetta0se¢ims 'DECEIVE® JUL 01 2021 OCM-MHQ CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC at?'q-/9 of qy/I t, L , .J Property Line Approximate Wetlands 0 37.5 75 150 225 300 Feet 1 inch = 150 feet Map Source: ESRI Street Maps A. T++ 1 a t . Vicinity Map t Dogwood Lane Lots Hampstead, PenderCo., N.C. 020- + 8/13/2020 020-014.01 0 ��" ' Longview Estates CAMA Major Permit PN F Ci i Attachment 5 NCDEQ Stormwater Design Manual Section A-4 RECEIVEp JUL 01 2021 OCM-MND CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Page 9 of 14 (Rev. 6/15/21) NCDEQ Stormwater Design Manual c"m""m" ¢-rrry A-4. Built -Upon Area N.C.G.S.143-214.7(b2): For purposes of implementing stormwater programs, "built -upon area" means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. "Built -upon area" does not include: - a slatted deck; - the water area of a swimming pool; - a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; - a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or - landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle. The owner or developer of a property may opt out of any of the exemptions from "built -upon area" set out in this subsection. NOTE: The above definition of "built -upon area" applies only to state stormwater programs. Some additional guidance on using #57 stone in accordance with the statute is as follows: • The #57 stone may not be mixed with other aggregate material; • "Geotextile fabric" means a permeable geosynthetic comprised solely of non - biodegradable textiles. [15A NCAC 2H .1002(19)] • The #57 stone and geotextile fabric may not be placed on top of an impervious material, such as crusher run or asphalt; • The #57 stone area may not use an underdrain system that discharges without treatment; and • The soil on which the 57 stone will be placed (subgrade) should not be mechanically compacted prior to installation; however, the statute does not prohibit this. RECEIVED JUN 2 3 2021 RECEIVED DCM WILMINGTON, NC A 4. Built -Upon Area 1 Revised: 2-11-2018 JUL 012021 DCM•MHD CITY a NCDEQ Stormwater Desi Manual Figure 1: Number 57 Stone t Although #57 stone laid on geotextile fabric and trails that meet the minimum hydraulic conductivity standard are not considered built -upon area to determine whether a project is high density or low density, these areas shall be accounted for in the design of SCMs required in high density projects. Per 15A NCAC 02H .1050, SCMs shall be sized to account for runoff from all surfaces draining to the system unless the applicant can demonstrate that those areas will not produce stormwater runoff. The requirement to account for runoff from all surfaces for purposes of SCM sizing is consistent with rule 15A NCAC 2H .1003(3). Any size stone or aggregate used on portions of projects that receive infrequent vehicular traffic (approximately twice a month or less) may be counted as pervious regardless of the depth of the stone layer. This includes applications such as decorative landscaping, drainage swales, weed control, and the area within the fenced yard at electrical substations. If an applicant plans to install a surface that does not meet one of the five exemptions to built - upon area called out in N.C.G.S.143-214.7(b2), he has the option of demonstrating to the permitting authority that the proposed surface allows an adequate level of stormwater infiltration to be considered either pervious or partially pervious. The information the applicant provides shall be based on engineering calculations and the results of research studies showing that the proposed surface provides equal or better infiltration rates as the surrounding pervious surfaces and that it shall function in perpetuity. RECEIV JUL 01 ZV I DCM-MHD CITY A-4. Built -Upon Area RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Revised: 2-11-2018 4WA Attachment 6 USFWS IPaC Officials Species List RECEIVED JUL 01 2021 DCM_MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON NC Page 10 of 14 (Rev, 6/15/21) 31/ 4- +0* 490kIbl NW,A 1 •l A1nl United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 85"520 Fax: (919) 856-4556 In Reply Refer To: February 03, 2021 Consultation Code: 04EN2000-2021-SLI-0616 Event Code: 04EN2000-2021-E-01318 Project Name: Longview Estates, Hampstead, Pender Co., NC Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your Proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on thdRECEIVED species' life histories and habitats and information on completing a biological assessment or JUN 2 3 20Z1 RECEIVED DCM WILMINGTON, NC JUL O 1 2021 ')CM- G MHD C`tT., evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species (mown to be Present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws-gov/windenergy/ eagle—guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http:/Avww.fws.gov/windenerW for minimizin bats g impacts to migratory birds and Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/toweis/towers.htin; http:// www.towerkill.com; and hgp://www.fws.gov/migratouLbirds/CurTentBirdlssues/Hazards/ towers/comtow html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shormose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.mnfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact 4*LWED of this office at john e"fws.gov RECEIVED JUN 2 3 2021 JUL 01 2021 DCM WILMINGTON, NC DCM-MHDCITY 314 f.Gc Attachment(s): ■ Official Species List RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC b Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919)856-4520 RECEIVED RECEIVED JUN 2 3 2021 JUL 61 2021 DCM WILMINGTON, NC DCM-MHD CITY Project Summary Consultation Code: 04EN2000-2021-SLI-0616 Event Code: 04EN2000-2021-E-01318 Project Name: Longview Estates, Hampstead, Pender Co., NC Project Type: DEVELOPMENT Project Description: This site is adjacent to the Topsail Sound / Middle Sound ORW Area, a tidal waterbody. All work is to take place landward of the Division of Coastal Management's 30' Estuarine Shoreline Building Setback. Work consists of installing a 20' wide, gravel access road and small water line. 0.14-acre of Bottomland Hardwood Forest will be permanently impacted to facilitate the road construction. The Applicant is applying for a CAMA Major Permit, USACE Nationwide Permit and DWR Water Quality Certification and hopes to start construction as soon as possible. Project Location: Approximate location of the project can be viewed in Google Maps: hts:// www.goopJe.com/maW(a)34.332402099999996.-77.71278681287626.14z Counties: Pender County, North Carolina RECEIVED JUL 61 2021 RECEIVED DCM-MHDCITy JUN 2 3 2021 DCM WILMINGTON, NC Endangered Species Act Species There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. I. NOAA Fisheries also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: //ecos.fws govspecLc GndS STATUS Threatened West Indian Manatee Trichechus manatus Threatened There is final critical habitat for this species. The location of the critical habitat is not available. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: httos://ecos.twsgov/e species/4469 Birds NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: hnas://er-os.fws. ov/ecW§p=ey6o3g Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. Species profile: bstps://ecos fws goy/eWsperi 1l RECEIVED Red -cockaded Woodpecker Picoides borealis RECEIVED Endap�Gr d No critical habitat has been designated for this species. J UN T 1- ml Species Profile:httcis://ecosfwsgov/ecpt§mdes/7614 JUL 61 2021 DCM WILMINGTON fJ DCM-MHD CITY Reptiles NAME STATUS American Alligator Alligator mississippiensis --- — No critical habitat has been designated for this species. Similarity of Species profile: �/ecos fws gov/eco15Mies/776 Appearance (Threatened) Green Sea Turtle Chelonia mydas Population: North Atlantic DPS Threatened There is anal critical habitat for this species. The location of the critical habitat is not available. Species profile: hU&Lecgs.fws.goy/ecp/kpffies/6,99 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is Proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: htW;s /ecos.fws goy/ecpkpeci/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: hops://ecos.fws.gov/ecpt<pe iey1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: hM;//ecos fws gov/ecp/< ecies/1110 Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: hops:/Ieco5.fws-gov/ecp/spgcies/3281 Golden Sedge Carex lutea Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: hops•//ecos fws gov/ecp/specie 602 Rough -leaved Loosestrife Lysimachia asperulae(olia Endangered No critical habitat has been designated for this species. Species profile: httos://ecos.fws.gov/ecp/smie /2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: httos•//ecos fws gov/ecD/ /ASeo Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'$ RECEIVED JURISDICTION. RECEIVED JUL 01 2021 JUN 2 3 2021 DCM WILMINGTON. NC DCM-MHD- CITY 4f14.4s Attachment 7 NC State Historic Preservation HPOWEB 2.0 RECEIVED JUL 6 1 2021 DCM-MHD CITY ]1 RECEIVED JUN 2 3 2021 DCM WILMINGTON. NC Page 11 of 14 (Rev. 6/15/21) y Longview Estates CAMA Major Permit PN Attachment 8 DEQ Scoping Meeting Sign -in Sheet RECEIVED JUL b 1 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Page 12 of 14 (Rev. 6/15/21) r-AlAW$�� SIGN UP SHEET SCOPING MEETING Longview and Old Topsail Estates Hampstead Pender County November 23, 2020 Name Cameron Weaver A enc NCDEQ-DEACS Phone 910-796-7265 Email Cam eron.Weave cdenr ¢ov Jason Dail DCM 910-796-7221 Jason.Dail(alncdenr.anv X Liz Hair USACE 910.251-4904 Sarah E Hair(a)usace army mil Andrew SmiUhne Andrew(a��psteadnchomes com Dana Luthert 910-228-1841 DLutheranAse ims Holley Snid1 910-796-7304 Ho11ev.Snidera)ncdenr eov Maria Dunn 252-948-3916 Maria Dunn(a�ncwildlife org Kim Hardin252-264-= Kimberlee.Hardine(a)ncdenr gov X Kelly Johns 910-796 7335 Kelly P Johnson(alnedenreov XMike Gallat 910-448-1046 GallantMCRyahoo com X Kelly Johnson DEMLR- Stormwater 910. Kel(@796-7335 1v.P.Johnsonncdenr gov X Rhonda Hall DEMLR-LQ 910-796-7312 Rhonda.Hall(alncdenr gov RECEIVED X Unavailable RECEIVED JUL d 12021 DCM-MHD CITY NCDEQ WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 29405 910-796-7215, FAX 910-350-2004 DCM WILMINGTON, NC l-lAYL Longview Estates CAMA Major Permit PN cii Attachment 9 Longview Estates Deeds RECEIVED JUL 61 2021 ACM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON, NC Page 13 of 14 (Rev. 6115/21) SM7 V Major Permit Fee Schedule Ulm � ` Project Name `—�" �l v 4" 65 Oss County Check No & Amount: ;�3r'-bs L63— DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water auras: II. Public or commercial development that does not involve the filling orexcavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B) _ Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. I I I(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Wat r at 60% ($240) 40% ($160) Certification No. 4175 cannot ppl' IV. Development that involves the filling F$475 and/or excavation of more than one acre 60% ($285) 40% ($190) of wetlands and/or open water areas. DECEIVED JUL 01 2021 DCM-MHD CITY ROY COOPER Governor JOHN NICHOLSON Interim Secretary BRAXTON DAVIS Director June 30.2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(o)NCDENR.gov SUBJECT. CAMA Applicant: Hampstead Investment Group, Inc. (Long View Estates) Project Location: 139 Dogwood Lane, adjacent to the AIWW in Hampstead, Pander County Proposed Project: Proposal to construct a 5-lot residential subdivision (to include "404" type wetland fill), with infrastructure, boardwalk and kayak launch. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 27, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED JUL 0 1 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 rx,a.r cwwi r�r. CAMA Major Permit Filing Fee RFCFIVeo JUL 01 2021 OCM MNQCrT y RECEIVED JON 2 3 20?1 DCM WILMINGTON, NC Page 7 of 7 (Longview Estates 2/1/2021 Rev. 6115121) Longview Estates Vicinity Map RECEIVED JUL 01 2021 DCM-MHD CITY RECEIVED JUN 2 3 2021 DCM WILMINGTON. NC. Page 5 of 7 (Longview Estates 2/1/2021 Rev. 6115121) DCM Agent Authorization RECEIVED JUL 012021 DCM-MHD CITY RECEIVED JUN 2 3 207 i DCM WILMINGTON Page 6 of 7 (Longview Estates 21112021 Rev. 6115121) Attachment B - BUA Lot Allocations Longview and Old Topsail Estates Permit No. SW8 210603 Subdivision Lot # Max BUA, sf "Longview; R-LVE. 4,700 Eongview",- Lot A, 5,527 ,Longview , Lot B 5,527 Longview a Lot C 11,000 Longview Lot D - 1,000,_ Old Topsail Estates R-OTE 4,700 Old Topsail Estates Lot 1 4,700 Old Topsail Estates ' Lot 2 ,' - . , i 51528 Old Topsail Estates Lot 3, , - 5,528 DEC 1 ,? 2021 1 leas A S% PART OF \ \ / LOT 6E and \\ ACRE TRACT MAP \ MAP OF SURVEY FOR /tiG LESUE WAYNE BATSON, SR. and O �v wife DORIS T. BATSON 1 MAP BOOK 27, PAGE 130 f' C7 h� JON JONES r / Q DEED BOOK 4696, PAGE 895 33,371ySq. Ft. F (<117 Acres) i �E i W L y W 6j(-1J1 C� RENI/AINDPER 0OJ v W W W 42-,1.�3'33 sq''t. (0.9/AC(eB). `�' '1/ '1' PRePOSED ERM W W WE DIMP y W W W 38855FT /0.09 ACW \ SECTION 404 WETLANDS OG570MLAND HARDWOODSORESTr TOTAL TRACT PROJECT AREA = /-7.34 AC (319,820 SF) AREA WITHIN THEM' QRW AEC= 230960 SF ffil PRP05ED BUA WITHIN THE 575' ORW AEC: - GRAVEL ROAD (EXEMPT)=12,895 SF - LOTS (ALL BUT LOT 16 R-OTE) = 28,810 SF - TOTAL PROPOSED BUA WITHIN AEC = 28,810 SF (12 %) PROPOSED PERMANENT WETLAND IMPACTS = 3885 SF / 0.09 AC 0 PROPOSED LAND DISTURBANCE = 23,175 SF / 0.53 AC 25' EGRESS, INGRESS AND UTIUTY EASEMENT MAP BOOK 27, PAGE 130 LOT 2 DUANE AND KATHY SEWARD POTENTIAL SEPTIC AREAS SUBDIVISION FOR LOTS 2 & 3. IF NOT NEC., MAP BOOK 38, PAGE 9 WILL SERVE AS DWELLING LOT DEED BOOK 2583, PAGE 35 \ \ � 25' EGRESS, INGRESS S��AND UTILITY EASEMENT MAP BOOK 27, PAGE 130 L V W W�Q/ •L W W /L /✓ W, ♦ �/ / / �" NEW 45' EGI ♦ \ .L W V W / J y ANI) U' TY �R SED W �, 30' X 24" RCP A W W W / 4 n ` o ♦ \o ♦ 1 N 1 I 1 GRAPHIC SCALE I 100 0 50 100 200 1 1 IN FEET) 1 inch = 100 ft. / ROUND Y • NE / / , / ACCESS 0 y < :OADW W y. OTr 2 �t �/ 63 Acres) COASTAL •, `�'(/ \I/WETLANDS' W W W /' W t♦ RECOMBINED TRACT \ FRANCES YOUNG MAP OF RECOMBINATION MAP BOOK 61, PAGE 141 DEED BOOK 4660, PAGE 2400 REYGY � U Eta+ C\ \ DEC 1 3 2021 APPROXIMATE COASTAL WETLANDBOUNDARY DELINEATED 2020 11 R ESTUARINE SHORELINE BUFFER W 1 PROPOSED 490' X 6' FIXED DOCK (COMPONENT A -SEE SHEETS 3 AND 4 OF 4) 11 W \ V4HW DELINEATED BY JASON DAIL (DCM) 2020 PAP SECTION MH/0 .. ,. 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Engineering I Consu" I Design cn > HAMPSTEAD INVESTMENT GROUP, TIC 10280 US HWY 17 N N p WN.MINGTON, NC 28411 GWNTMC®YAHOO.COM _ M BOX 4039 SURF CRI; NC 20445 Iv co 0 w In 91D418.IOfd A In D NOTE: ANY PLAN THAT DOES NOT BEAR AN ENGINEERS SEAL, SIGNATURE AND DATE IS A SM m PRELIMINARY PLAN AND NOT RELEASED FOR NC FIRM C-IU9 AL FIRM CA-4338- E NC REG NO. 28872 AL REG NO. 32178 z rn CONSTRUCnON D A 1:.. I ,l110 GHW-WO4 [zoz 10 IN a3A1303H �1 0 o / co fs _4nsusn./t cc I I ; I I I—90'681PPF8 I I I I j I %Im I {� J i O I\ Lp I J r ' I O m —'NWL m K- I r) ' I p I I o z m z W D > o) U 0 C X O = I O O m < C Z N3 o z m � c� m iglichdO C. Gallant PE, PA o < Evneering I cmwhng I Design 7 03 ; HAMPSTEAD INVESTMENT GROUP. LLC 10280 US HWY 17 N G1LL"TMC@YAHOO.COM rESII .M p "Z� m WILMINGTON, NC 28411 PO SOX 4039 SUN' CRY, NC 28445 910.418.1046 p .IT InNOTE. SN ANY PLAN THAT DOES NOT BEAR AN ENGINEERS SEAL, SIGNATURE AND DATE IS A PRELIMINARY PUN AND NOT RELEASED FOR NC FIRM C-1989 AL FIRM CA-4338-E NC REG NO. 25572 AL REG NO. 32178 Z CONSTRUCTION D OJ O A r, _ V (l v m C) u 4 Z O m z n / m ea G _✓ 0 m Michael C. Gallant PE, PA � O Engineering / Consuhmg /Design O � O) N D i L m HAMP5TEA0 INVESTMENT GROUP, LLC 10280 US HWY 17 N WILMINGTON, NC 28411 o MJANTMCQYAHOO.COM l p LT O 7J m FOBOX4039 SURFaNC2SH5 n; N O NOTE, ANY PUN THAT DOES NOT BEAR AN 910.118.1016 A m y ENGINEERS SEAL, SIGNA TORE AND DATE IS SM rT m PRELIMINARY PLAN AND NOT RELEASED FOR v FIRM C-1989 AL FlRM CA-433& E NC REG NO. 25572 AL REG NO. 32175 Z CONSTRUCTION C Q N \/ O / \ NOTES: / 4 O'F,�(aT\ TOTAL TRACT PROTECT AREA c •/-7.34 AC (319,820 SF) / .(,R _p_ k��3 AREA WITHIN THE EN Wp AEC= 230,9605E (72X) q� -`} PRPOSED DEVELOPMENT WITHIN THE 575' ORW AEC=12,895 SF FOR GRAVEL ROAD \ �! QIy PROPOSED PERMANENT WETLAND IMPACTS = 4335 SF / 0.10 AC C \ O p •rp� PROPOSED TEMPORARY WETLAND IMPACTS = 1370 SF/0.03 AC Fk_� A�19 PROPOSED BUILT UPON AREA = O PROPOSED LAND DISTURBANCE = 23,175 SF / 033 AC PART OF \\ 25' EGRESS, INGRESS \ AND UTILITY EASEMENT T 2 LOT 6E and \ MAP BOOK 27, PAGE 130 DUANE AND KATHY SEWARD ACRE TRACT MAP \ 'Y MAP OF SURVEY FOR � SUBDINSION '� O `(/ LESLIE WAYNE BATSON, SR. and MAP BOOK 38, PAGE 9 O v wife DORIS T. BATSON \ DEED BOOK 2583, PACE 35 MAP BOOK 27, PAGE 130 ,� q 25' EGRESS, INGRESS O (� JON JONES AND UTILITY EASEMENT q � Q DEED BOOK 4696, PAGE 895 ., '� MAP BOOK 27, PAGE 130 / LOT I �L // // \ \ APPROXIMATE COASTAL / / WETLAND BOUNDARY 33,371 Sq. FIL W y / \ \ DELINEATE02020 (0.77Acm) 1 LOT B ..,A w .� u. a • • \ 43,346 Sq. FL I IRE42,133 Sq. Ft. MAINDER •` + W W (1.00Avp) .R v +• 1 I� 30' ESTUARINE SHORELINE BUFFER W W ACT 211 (0.97 Aces) WFAAND AC W PRi'k°s®PERM W A GRAVEW W I Y W IMP / DDE� ROAD y4mgSF/a30AAC ` LOTA II � t v••y 'Y yy��TLL' W W W W N W M • I t,, I�,� •Y J/•• W SEAM WE5 W W W 36rD90 Sq. FL CTION Ii1/ •Y.� y' \ ROMTOft ND HARRW00b4ORES W y '- „/ (0.S3 Acros) W W ; • i NEW 45' EGRESS, RiGRESS p +' X, ♦ i W ,� / W AND UTILITY EASEMENT 2 Y \ W W EXISTING SOIL ROAD PROPOSED 49D' X 6 FIXED / I, ��4�. pZp+ Y� DOCK (COMPONENT A -SEE y y �, y W �, •pia r. y ♦ EETS 3 AND 4 OF 4) .��j{\�!`I� m .: \Try,/{�' j LOF�2 I, \ LOT 3 'n.63Aems) COASTAL ._--- ♦ 44,067 Sq. PL WEnANDW : • W 4 I ♦ (I.DI Acres) .v +. I � •� W � W Vjry/ r W W I `IW W AEI Jr n \ W I.. W W ,. • At/ 1 4__NHW DELINEATED BY JASON DAIL (DCM) 2020 3 \ RECOMBINED TRACT ( FRANCES YOUNG 1 MAP OF RECOMBINATION t 1 MAP BOOK 61, PAGE 141 N 1 I DEED BOOK 4660, PAGE 2400 I � GRAPHIC SCALE 100 0 SO 100 200 / ) / IN FEET) / // / N PRELIMINARY ( inch = 100 ft. / OR 22LNW�E RECEIVE i VICINITY M SCALE 4' OF Re7 STONE a.EAN EARTHEN SOIL 48 o• x zr to TO SCALES z 0 1 vAIRES 30' WETLAND PERM ZMPACT LIMIT TEINP PROPOSE 16MOE 2:1 E 6EOTEXI ILE FApttC 311PA,, oval Mel - —r ON ExISTTI4E AOE V 0 Ea, 23221 g8 WIL INGT N, al$ Ett WATER B2 DuG U U Longview Estates CAMA Major Site Plan JOB N0: ©2D2, Re Sheet 2 of 4 —