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HomeMy WebLinkAbout68-03 Minor Mod. 12/2004 Permit Class Permit Number MODIFICATION/MINOR 68-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resourc and Coastal Resources Commission *!Za t OEC 2 8 2004 for ® �/ �+, X Major Development in an Area of Environmeen�MConcLriY��/ DC pursuant to NCGS 113A-118 M Excavation and/or filling pursuant to NCGS 113-229 Issued to Jimmy's Island, LLC, 1904 Eastwood Rd., Suite 212, Wilmington,NC 28403 Authorizing development in Pender County at Mill Creek and Topsail Sound as requested in the permittee's application dated dated 8/10/04. including attached workplan drawing, dated 2/16/04 This permit, issued on December 21, 2004 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This minor modification authorizes the filling of additional 404 wetlands on Lot No. 6 in order to facilitate the construction of a single-family residence. 2) No fill material will be placed at any time in any vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawings. NOTE: The U.S. Army Corps of Engineers authorized the permitted wetland fill by way of Nationwide Permit No. 18 (COE Action ID No. 200300121), which was issued on 6/12/04. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. harles ones, Director Any maintenance work or project modification not covered iV17 1S10ri of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees I Gt�t that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Jimmy's Island, LLC Permit#68-03 Page 2 of 2 . f IV ADDITIONAL CONDITIONS L 3) The fill rial will be clean and free of any pollutants except in trace quantities. 4) This Minor Modification must be attached to the original of Permit No. 68-03, which was issued on 5/27/03, as well as the major modification of 5/25/04, and all documents must be readily available on site when a Division of Coastal Management representative inspects the project for compliance. All conditions and stipulations of the active permit remain in force under this major modification unless altered herein. A� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary December 21, 2004 Jimmy's Island, LLC 1904 Eastwood Road Suite 212 Wilmington,NC 28403 Dear Sir: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site. To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit# DCM Coordinator: D/f MAILING DISTRIBUTION: Permitee: Agent: DCM Field Offices: COPY APP �r?s Elizabeth City �Iru w Worps i cat C t Drell � r 1�, /e C aP� d— � US Armngineers(USACE): Washington: Mike Bell(NCDOT) j � Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Da y(ZC��) my Wi k Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Terry Pierce Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler State Property Office: Jose h H Water Quality: Cy di Kar o m Hennessy(NCDOT) Water Resources: John Sutherland Wildlife Resources: Maria Tripp Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at e S � 06o3-1 DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washin on 252/ ihnin on(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANIA Major Permit Process Manual Page 70 of 70 Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark Hampstead 1. APPLICANT C. Street address or secondary road number Adiacent to Mill Creek, Lot 6 on Waters Edqe Drive a. Landowner: _ Jimmy's Island, LLC d. Is proposed work within city limits or planning Name jurisdiction? X Yes No Address 1904 Eastwood Road, Lumina Station #212 e. Name of body of water nearest project (e.g. river, City Wilmington State NC creek, sound, bay) Mill Creek Zip 28405 Day Phone 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name David Syster a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and 3973 B Market Street excavation and/or filling activities. Address Amending the previous CAMA permit application to allow for additional City Wilmington State NC fill within the 575' setback. 28403 910.254.0602 Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? new work Fax 910.254.0603 c. Will the project be for public,private or commercial c. Project name (if any) Jimmy's Island use?private use d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE P~wi[1 be;:sued to name of lmidow+ner(r), anther project. if more space is needed, please attach additional pages. Allow fill material to be gored maw. placed within Lot 6 to facilitate the 2. LOCATION OF PROPOSED building of a single-family resVdence. PROJECT a. County Pender County Revised 031" Form DCM-MP-1 The below information was provided in the original application. - m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. e. Vegetation on tract f. Man-made features now on tract 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (consutt the local laid use plan.) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No (Attach zoning compliance cernficate, if applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by II" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a I£yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes _ No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Aaach doat/11C1tat;o„ if available) guide agency personnel unfamiliar with the area to the Revised 03J95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name See Attached List I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Revision of CAMA Major Permit Phone This is the 10th day of August , Iq 2004 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name David Syster permittee, and issuing dates. r \ CAMA Permit 68-03 Signature Iandmmer or Authorized Agent Corps of Engineers Action ID 200300506 • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information application. — DCM MP-3 Upland Development • A signed AEC hazard notice for projects in — DCM MP-4 Structures Information — DCM MP-5 Bridges and Culverts oceanfront and inlet areas. — DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 01195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards fill activities. All values to be given in feet. b. Type of material to be excavated Average FbW Erfsft Prgiect c. Does the area to be excavated include coastal tAO� width Depth Depth wetlands (marsh), submerged aquatic vegetation Access (SAVs) or other wetlands? Yes No channel (MLW)or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area Boat ramp b. Dimensions of disposal area Rock groin c. Do you claim title to disposal area. Yes No Rock If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? Yes No (Excluding If yes, where? shoreline stabilization) Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes No water None. (2) Dimensions of fill area f. Does the disposal include any area in the water? See attached Plan Yes No (3) Purpose of fill Facilitate construction of single-family residence b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? X Yes No If yes, 1 Dimensions of fill area See attached Plan. a. Type of shoreline stabilization ( ) Bulkhead Riprap (2) Purpose of fill b. Length Facilitate construction of a single-family residence c. Average distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? BMPs and an approved (Source of information) sedimentaion and erosion control plan f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Bulldozer, backhoe, and/or other equipment (1) Riprap (2) Bulkhead backfill c. Will wetlands be cr�ssed in transporting equipment h. Type of fill material to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material Jimmy's Island 4. OTHER FILL ACTIVITIES or Project Name (Excluding Shoreline Stabilization) of/ Sfgoature a. Will fill material be brought to site? August 10, 2004 X Yes No Date Revised 03/95 )TES: TOTAL LOT 40,550 S.F. 0.93 ACf 1. ALL INFORMATION SHOWN HEREON IS PRELIMINARY. TOTAL WETLANDS 12,364 S.F. 0.28 ACt 21O 2. ALL INFORMATION TAKEN FROM GRADING, DRAINAGE WETLANDS TAKEN BY HOUSE 1,469 S.F. 0.03 ACt do EROSION CONTROL BY ANDREW AND KUSKE 3. THE SOLE PURPOSE OF THIS PLAN IS SO SHOW IMPACT WETLANDS REMAINING 10,895 0.25 ACf o am vE.awe TO THE 404 WETLANDS WITH THE C TRUCTION OF THE PROPOSED DWELLING SHOWN HEREON. b 4. ALL LOT DIMENSIONS NEED TO BE VERIFIED WITH RECORDED SUBDIVISION PLAT. N09• MILL CREEK VICINITY MAP n rs \ HWL\ \ \•S6. 'l1gA I / 3 -9 CF `° ij N DISTURBED Z a W WETLANDS � Q N 21.0' o O PROPOSED DWELLING —— 16.0 CONC. wol DRIVE � oer N N Go to o Z n N S 9.1 WATER'S EDGE BD DRIVE - - (50' Rlw) PLOT PLAN EXCLUSIVELY FOR DOKIE SAFFO LOT 6 WATER'S EDGE AT DEERFIELD AS RECORDED IN MAP BOOK PAGE OF THE PENDER COUNTY REGISTRY TOWNSHIP PENDER COUNTY NORTH CAROLINA SCALE: 1" = 60' rML-lMINAl Y FEBRUARY 16, 2004 NOT FOR Ier-00137A?ION CONVEYANCES cw SALES pLY�05E5, ARNOLD W. CARSON, PLS PC 406 NORTH THIRD STREET WILMINGTON. NC 28401 (910) 772-9113 xx/JD t00' 0 so' too' LT16.dwg 00 Nov 16 20 ECEUVED inwl ��vH DIVISION OF U. CORPS OF ENGINEERS COASTAL MANAGE MEN1A Wilmington District Action Id.200300121 County: Pender Quad: Holly Ridge GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Property Owner:Jimmy's Island,LLC Agent: David Syster N 0 U 1 6 2004 Mitchell and Associates,Inc. Address: 1904 Eastwood Road 3973 B Market Street Lumina Station#212 Wilmington,NC 28402 Wilmington,NC 28405 Telephone: (910)254-0602 Zone: 18 UTM:North: 3804209 East: 252903 Size and Location of Property(waterbody,Highway nametnumber,town,etc.):The property is located adjacent to Mill Creek, lot 6, on Water's Edge Drive, in Water's Edge at Deerfield Subdivision, east of Hwy 17, in Hampstead, Pender County,North Carolina. Description of Activity:Discharge of fill into 0.03 acre of wetlands adjacent to tidal waters for the construction of a single-family residence on lot 6. Applicable Law: _X Section 404(Clean Water Act,33 U.S.C. 1344) (check all that apply) Section 10(River and Harbors Act of 1899) Authorization: Nationwide Permit Number 18 Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404(if Section 404 block above is checked),before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,telephone(919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP.Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal,State,or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit,please contact the Corps Regulatory Official specified below. Date:July 12, 2004 #4wo A Corps Regulatory Official: Telephone No.:(910)251-4829 Expiration Date of Verification:hil312,2006 SURVEY PLATS,FIELD SKETCH,WETLAND DELINEATION FORMS,PROJECT PLANS,ETC.,MUST BE ATTACHED TO THE FILE COPY OF THIS FORM,IF REQUIRED OR AVAILABLE. , 5outkern Lnvironmental 6roup, Inc. Lnvironmental, Development & Conservation Advisors Transmittal Sheet RECEIVED Date: August 11,2004 A U G 13 2004 BY: To: Mr.Jim Gregson Of: DWQ Re: Permit El urgent 1 F/ or your review/records ❑Please comment ❑Please reply/call ❑Complete and return Comment(s): Dear Mr.Gregson: James Taylor asked that I send this permit motification to you regarding Jimmy's Island. If there is anything missing or there is anything else you will need to proceed with this please contact me as soon as possible. Thank you. Sincerely, Joanne E.Meisenhelder Office Manager f .From t6c desk of: Joanne E.MeisenkeWer C-3, 910.254-0602(office) 3973 E)Marketjtreet 9 10.254.0603(fax) Wilmington,North Carolina 28403 910.++5.543o(mo6ilc) www.sC i.Us g joannc@scgi.us NOTICE This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that is privileged,confidential,and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination, distribution,or copying of this document or the information contained within this document is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and/or e-mail and then destroy the original communication in an effective shredder or return the original communication to us at the above address. Please call if the communication is illegible or incomplete. RECEIVED SEP 1 0 2004 Office Use Only: Form Version May 2002 D1V OF COASTAL RALEIGH USACE Action ID No. DWQ No. i (If any particular item is not applicable to this project,please enter"Not Applicable"or"N/A'. I. Processing 1. Check all of the approval(s)requested for this project: 0 Section 404 Permit ❑ Riparian or Watershed Buffer Rules ❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ ❑ 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑x 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ❑ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ❑ II. Applicant Information 1. Owner/Applicant Information Name: Jimmy's Island, LLC Mailing Address: 1904 Eastwood Road Lumina Station#212 Wilmington,North Carolina 28405 Telephone Number: Not Applicable Fax Number:Not Applicable E-mail Address: Not Applicable 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: David Syster Company Affiliation: Southern Environmental Group, Inc. Mailing Address: 3973 B Market Street Wilmington,North Carolina 28403 Telephone Number: 910.254.0602 Fax Number: 910.254.0603 E-mail Address: david.syster(a),segi.us ECEEVE D SEP 2 0 2004 Page I of DIVISION OF COASTAL MANAGEMEN III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lot 6 at Water's Edge at Deerfield(Jimmy's Island) 2. T.I.P. Project Number or State Project Number(NCDOT Only): Not Applicable 3. Property Identification Number(Tax PIN): Not Applicable 4. Location County: Pender Nearest Town: Hampstead Subdivision name (include phase/lot number): Water's Edge at Deerfield Directions to site(include road numbers, landmarks, etc.): From the intersection of Market Street and College Road,take Market Street(Highway 17) north and take a right onto State Road 1874. Turn onto Creek View Drive and take a right onto Great Oak Drive. Take a right turn onto Water's Edge Drive, and the parcel is on Y left. 5. Site coordinates, if available (UTM or Lat/Long): Approx.N34° 20.727' W77° 42.162' (Note—If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 40,550f Square Feet 0.93f Acre) 7. Nearest body of water(stream/river/sound/ocean/lake): Mill Creek 8. River Basin: Cape Fear (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently wooded with a small unimproved dirt access road. There is rural development surrounding the project area. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: Heave machinery including bulldozers and other equipment will be used to grade and install improvements to create a residential structure on the subject parcel. 11. Explain the purpose of the proposed work: To create a buildable lot on the subject parcel. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. USACE Action ID# 200300121 (Notification of Jurisdictional Determination) CAMA Major Permit for 290 Square Feet of 404 wetland impacts during bulkhead relocation V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permits are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description,please attach a separate sheet. t. Provide a written description of the proposed impacts:- Placement of fill material to allow construction of a single-family residence. Page 3 of 8 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** indicate on ma acres es/no linear feet 1 Fill 0.03f Yes --75 404 * List each impact separately and identify temporary impacts. Impacts include,but are not limited to:mechanized clearing,grading,fill, excavation,flooding,ditching/drainage,etc. For dams,separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM),or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn://www.fema.eov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay,bog,etc.) Indicate if wetland is isolated(determination of isolation to be made by USACE only). List the total acreage(estimated)of all existing wetlands on the property: 12,364f S.F. (0.28f acre) Total area of wetland impact proposed: 1,469 S.F. (0.03f Acre) 3. Individually list all intermittent and perennial stream impacts below: Not Applicable. Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on linear feet Before Impact lease * List each impact separately and identify temporary impacts. Impacts include,but are not limited to: culverts and associated rip-rap, dams(separately list impacts due to both structure and flooding),relocation(include linear feet before and after,and net loss/gain), stabilization activities(cement wall,rip-rap,crib wall,gabions, etc.),excavation,ditching/straightening, etc. If stream relocation is proposed,plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary)to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toaozone.com www.maoauest.com,etc.). Cumulative impacts (linear distance in feet)to all streams on site: Not Applicable. Page 4 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.)below:Not Applicable Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake,pond,estuary,sound, indicate on ma acres bay,ocean,etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding,drainage,bulkheads,etc. 5. Pond Creation Not Applicable If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in(check all that apply): ❑uplands ❑ stream ❑wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Not Applicable Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Not Applicable Size of watershed draining to pond: Not Applicable Expected pond surface area: Not Applicable VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed fill is necessary to allow construction of a residential structure on the subject parcel. Local regulations and setbacks from adjacent lots and roadways must be met, and the structure has been situated in the proposed location to minimize impacts to jurisdictional waters(e.g.,wetlands). VIII. Mitigation Page 5 of 8 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values,preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmizide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed for this project. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet):Not applicable. Amount of buffer mitigation requested(square feet):Not applicable. Amount of Riparian wetland mitigation requested(acres):Not applicable. Amount of Non-riparian wetland mitigation requested (acres):Not applicable. Amount of Coastal wetland mitigation requested(acres):Not applicable. Page 6 of 8 I. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ❑ No N If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at(919) 733-5083 to review current thresholds for environmental documentation. Yes ❑ No ❑ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other(please identify)? Yes ❑ No 0 If you answered "yes",provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Impact Required Zone i Multiplier square feet) Mitigation 1 3 2 1.5 Total I # Zone 1 extends out 30 feet perpendicular from near bank of channel;Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration/Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. X. Stormwater(required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The proposed impervious surface acreage will be within state and local thresholds for impervious surface per acre of land. XI. Sewage Disposal(required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Sewage disposal will be handled by a septic system approved for the lot. II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No FX1 Is this an after-the-fact permit application? Yes ❑ No 0 XII. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). "'A" 9 j e/ Applicant/A nt's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 )TES: TOTAL LOT 40,550 S.F. 0.93 ACf 1. ALL INFORMATION SHOWN HEREON IS PRELIMINARY. TOTAL WETLANDS 12,364 S.F. 0.28 ACt "C 210 2. ALL INFORMATION TAKEN FROM GRADING, DRAINAGE WETLANDS TAKEN BY HOUSE 1,469 S.F. 0.03 ACt do EROSION CONTROL BY ANDREW AND KUSKE. 3. THE SOLE PURPOSE OF THIS PLAN IS SO SHOW IMPACT WETLANDS REMAINING 10,895 0.25 ACf TO THE 404 WETLANDS WITH THE CO TRUCTION OF THE V"o PROPOSED DWELLING SHOWN HEREON. 4. ALL LOT DIMENSIONS NEED TO BE VERIFIED WITH RECORDED SUBDIVISION PLAT. \ N09 MILL CREEK VICINITY MAF m7s \c"t •'56 w La \, A W / DISTURBED Z a WETLANDS Q co � Q N 21.0' o O PROPOSED DWELLING ol O ——� 16.0 CHIC. w DRIVE !D W oe t J tD N_ N co ul 'OD Z n CV n S3359'1 - wA-rErz's EDCEBD FZI VE I --__ (50' RI PLOT PLAN EXCLUSIVELY FOR DOKIE SAFFO LOT 6 WATER'S EDGE AT DEERFIELD AS RECORDED IN MAP BOOK PAGE OF THE PENDER COUNTY REGISTRY TOWNSHIP PENDER COUNTY NORTH CAROUNA SCALE: 1" = 60' f 9r-L-1 NNARY FEBRUARY 16, 2004 NOT�012 f�GOf3�AT10N GONVEYAt�fG1=5 Ott SA4t<5 pLY?J'O��S. ARNOLD W. CARSON, PLS PC 406 NORTH THIRD STREET WILMINGTON, NC 28401 (910) 772-9113 xx/JD ioo' 0 -w too' LT16.d wg NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett FROM: Jim Gregson District Manager, Wilmington ,y R29 ' DATE: November 17, 2004 `1 2004 SUBJECT: Modification Request %oily DCM CAMA Major Permit No. 68-03 Jimmy's Island, LLC Pender County Southern Environmental Group, Inc., on behalf of Jimmy's Island, LLC has submitted a request to modify State Permit No. 68-03. Permit No. 68-03 was originally issued on May 27, 2003, authorizing the development of an eighteen lot subdivision. The permit was modified on May 25, 2004 for the construction of a four (4) dock eighteen (18) slip marina facility. The permit will expire on December 31, 2006. The current modification request is for additional 404 Wetland fill on Lot 6 in order to facilitate the construction of a single-family residence. The fill would impact approximately 1,469 sq. ft. of wetland area. The applicant received authorization for this project under Nationwide Permit 18 from the US Army Corps of Engineers on July 12, 2004. This Office has no objection to the permit modification request. Due to the proximity of the proposed 404 fill area to coastal marsh, it is recommended that the permit be conditioned such that the coastal wetland area must be delineated prior to any excavation or filling in the area. Enclosures cc: Wilmington Files Ted Tyndall Henry Wicker (COE) 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS k PO BOX 1890 �:«« la WILMINGTON NC 28402-1890 x a August 30, 2004 Regulatory Division RECEIVED 4 and State Permit No. 68-03 Action ID No. 20040049 S E P 0 7 2004 DIV.OF COASTAL Mr AGEMENT RALEIGH Jimmy's Island,LLCM 4,. Attn: Terry Turner �9`� �.o, 1904 Eastwood Road, Suite 212s*, Wilmington,North Carolina 28403 S E P 1 4 Z004 Dear Mr. Turner: Morehead City DCM Reference your application fora Department of the Army permit to build an 18 slip community marina in Mill Creek to serve the Water's Edge Subdivision located at the southern end of Great Oak Drive, off US Highway 17, in Hampstead,Pender County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions.and objectives of general permit No. 198000291. Therefore,you may commence construction activity in strict accordance with applicable State authorization and the approved plan(enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason,plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as.revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, at(910) 251-4930: Sincerely, F` Henry Wicker Regulatory Project Manager Wilmington Regulatory Field Office Enclosure -2- Copies Furnished without enclosure: Mr. John Dorney Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service N.C. Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh,North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr.Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section -Region IV Pivers Tsland Water Management Division Beaufort, North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Doug Huggett Charleston, South Carolina 29412-9110 ivision of Coastal Management N.C. Department of Environment Mr. Ted Tyndall, District Manager and Natural Resources Morehead City Regional Office 1638 Mail Service Center N.C. Division of Coastal Management Raleigh,North Carolina 27699-1638 151-B,Highway 24 Hestron Plaza II Wilmington, North.Carolina 28405