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20101005 Ver 1_401 Application_20101210
U.S. ARMY CORPS OF ENGINEERS 2 0 1 0 1 0 0 5 WILMINGTON DISTRICT Action ID. 2007 02680 County: Onslow USGS Quad: Catherine Lake GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Moss Creek Development, Inc. Agent: Pittman Soil Consulting attn: John Pierce attn: Haywood Pittman. Address: P.O. Box 1685 Address: 1003 Greeorv Fork Road Jacksonville, NC 28540 Richlands, NC 28574 Size and location of property (water body, road name/number, town, etc.): The 69.68 acre property to be known as the Moss Creek subdivision is located off of Blue Creek Road- across from its intersection with Jim Blake Road southeast of Catherine Lake near Jacksonville Onslow County North Carolina Tax ID• 315-17 Description of projects area and activity: The proiect involves permanent impacts to 0.0195 ac of nonrivarian wetlands for the infrastructure of a 82 lot subdivision to be called Moss Creek -jR Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) `- J LL2,?r rr ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: ! 1 t.? C t,? Nationwide Permit Number: NW-29 ? . ? VeUQFtiR • Iq:: TFR Ct+k11TY SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. ?s'L"hRa5IGR', ,"JSRE9%,-H Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 9/27/2010 (received 9/30/2010), and revised information sent via email on 10/8/2010. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a ?ublic notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality.Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 395-3900. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David E. Bailey at 910-251-4469. Corps Regulatory Official Date: 10/8/2010 Expiration Date of Verification: 3/18/2012 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 attached customer Satisfaction Survey or visit httv://T)er2.nwi).usace.army.mil/survey.htnil to complete the survey online. Copy Furnished: NCDENR-DWQ, attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405 Page 1 of 2 Determination of Jurisdiction: A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. C. ® There are waters of the US and/or wetlands within the above described project area 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 determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 11/24/2009. Action ID SAW-2007-02680. Corps Regulatory Official:?? Expiration Date: 11/24/2014 Copy Furnished: NCDENR-DWQ, attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405 Page 2 of 5 2 0 1 0 4 0 0 5 OOF W A T6yOG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NW P) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ® Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: MOSS CREEK 6, , 2b. County: ONSLOW J !! 2c. Nearest municipality /town: JACKSONVILLE v?Q 2d. Subdivision name: MOSS CREEK DEN R. W4FR QUALITY 2e. NCDOT only, T.I.P. or state project no: " . F, +? •, ?. ER44? H 3. Owner Information 3a. Name(s) on Recorded Deed: MOSS CREEK DEVELOPMENT INC. 3b. Deed Book and Page No. 56,088 3c. Responsible Party (for LLC if applicable): JOHN PIERCE 3d. Street address: PO BOX 1685 3e. City, state, zip: JACKSONVILLE, NC, 28540 3f. Telephone no.: 910-346-9800 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: HAYWOOD PITTMAN 4c. Business name (if applicable): PITTMAN SOIL CONSULTING 4d. Street address: 1003 GREGORY FORK ROAD 4e. City, state, zip: RICHLANDS, NC, 4f. Telephone no.: 910-330-2784 4g. Fax no.: 4h. Email address: PITTMANSOIL@YAHOO.COM 5. Agent/Consultant Information (if applicable) 5a. Name: HAYWOOD PITTMAN 5b. Business name (if applicable): PITTMAN SOIL CONSULTING 5c. Street address: 1003 GREGORY FORK ROAD 5d. City, state, zip: RICHLANDS, NC, 5e. Telephone no.: 910-330-2784 5f. Fax no.: 5g. Email address: PITTMANSOIL@YAHOO.COM Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 315-17 1 b. Site coordinates (in decimal degrees): Latitude: 34 45.376 Longitude: - 77 32.271 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 69.68 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: BLUE CREEK 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: WHITE OAK 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: SUBDIVISION INFRASTRUCTURE CONSTRUCTION, SURROUNDING LAND USE IS FORESTED AND RESIDENTIAL HOMES 3b. List the total estimated acreage of all existing wetlands on the property: 3 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6000 3d. Explain the purpose of the proposed project: ROAD TO ACCESS OFF SITE SEPTIC SYSTEM AREAS SO THEY CAN BE INSTALLED AND MAINTAINED . ACCESS ROAD TO OFF SITE AREAS IS REQUIRED BY ONSLOW COUNTY ENVIRONMENTAL HEALTH 3e. Describe the overall project in detail, including the type of equipment to be used: FILL MATERIAL PLACED IN WETLANDS WITH HEAVY EQUIPMENT TO CONSTRUCT A ROAD TO CROSS WETLANDS TO ACCESS ADJACENT PROPERTY FOR TSEPTIC SYSTEM MAINTENANCE AND INSTALLATION 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ®Yes ? No ? Unknown Comments: made the jurisdictional determination, what type tion was made? ? Preliminary ®Final Eyes, elineated the jurisdictional areas? Agency/Consultant Company: wn): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation . FORMTEXT 2007 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ?Yes ® No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version G. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact 2b. 2c. 2d. 2e. Type of jurisdiction 2f. number - Permanent (P) or Type of impact Type of wetland f k Forested (Corps - 404, 10 Area of impact Temporary T (i nown) DWQ - non-404, other) (acres) W1 ®P ? T FILL NON RIPPARIAN ® Yes ? No ® Corps ® DWQ .0195 W2 ? PEI T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? PEI T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts .0195 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact 3b. Type of impact 3c. Stream name 3d. Perennial 3e. Type of jurisdiction 3f. Average 3g. Impact number - Permanent (P) or (PER) or intermittent (Corps - 404, 10 DWQ - non-404 stream width length (linear Temporary (T) (INT)? , other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ?DWQ 3h T l . ota stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction ro osed, the n complete the chart below. 5a 5b . Pond ID number . Proposed use or purpose of ond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) p Flooded Filled Excavated Flooded Filled Excavated Flooded P 1 P2 5f T . otal 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a . Project is in which protected basin? ? Neuse ? Catawba ? Tar-Pamlico ? Randleman ? Other: 6b. 6c 6d Buffer impact number - Permanent (P) or Tem ora T . Reason for _impact . Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g Zone 2 impact (square feet) B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total b uffer impacts 6i Com t . men s: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. SILT FENCE ALONG EDGE OF FILL MATERIAL. INSTALLATION OF 2-18" CULVERT BURIED 20%. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. INSTALLATION OF SILT FENCE AROUND PROJECT AND PLANTING A GRASS MIXTURE AND COVERING IT WITH STRAW., 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ?Yes No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ?Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <25 % 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: PLAN PREPAREED BY CRYSTAL COAST ENGINEERING 2e. Who will be responsible for the review of the Stormwater Management Plan? El Certified Local Government ®DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ONSLOW ® Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ® Coastal counties 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): E] HQW ? ORW ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/stateAocal) funds or the use of public (federal/state) land? El Yes ®No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? El Yes ®No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. SEPTIC Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Y ? es No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ® Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? usfw web site 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? SOUTH ATLANTIC HABITAT AND ECOSYSTEM IMS 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? STATE HISTORIC PRESERVATION OFFICE 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? SURVEY MAP HAYWOOD PI TTMAN 9-27-10 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version O) G) N n ZJ c l 0 0 00 (f) -o z -- cn O O D N N , I , I w V ?I I ?I A? Nal Cn I Sq t 2 Ac N QO I ` N /7 ' 9 ? Ap, ?I N` O -WMANOS 7-1115 DRAWING APPUE5 ONLY 0 I=ILL TO THE 5/rE 5PEGlFIED HElZE1N, G1`'055/N6 #1 PITTMAN 50/1- GONSULTINO p ANY OTHER U5E 15 PPO"1017-ED. NO PAk r l5 TO BE COPIED, MODIFIED, REDRAWN OR U5ED OTHER THAN wor-ATED HElZE1N. 100 GREGORY FORK ,PC), ANY VIOLATION WILL bE A 9K?IYLIWO5, NG 26 94 © 2010 P5G DIRECT COPYR PtloNr'9103?02984 IGHT INFF1N6EMENrAND 15 FAX-9102524,6162 CONSIDERED 1LLE6AL USAGE.