HomeMy WebLinkAbout20120430 Ver 1_401 Application_20120512Southern Environmental Group Inc
5315 South College Road Suite E
Wilmington North Carolina 28412
910 452 2711 (office) 910 452 2899 (fax)
Date 4/30 /2012
To Ian McMillan
Of NCDENR 401 Oversight
Attached you will find *
❑ Proposal ❑ Sketch(es)
❑ JD Package ❑ Report(s)
SEQ Protect # 012 018 01
Cent Name Ocean Grove Cottages LLC
USAC OE Action ID#
2 0 1 2 0 4 3 0
Transmittal Letter
►�w' MAY 1 2012
-- DENR WATER QUALITY
VNaganda & ftnwate# Branch
® Permit ❑ Wetland Map ❑ Photo(s)
❑ Plans ❑ Information Request ❑ Other
Copies
Dated
Description
4
4/25/2012
Nationwide Permit 18 — 504 North Carolina Ave Carolina Beach NC
ql )gl2V)7
aleck * ag Oceae 6yove U i LLC 4, Wfa Vt}
If noted items are NOT attached please contact our office
These are beins delivered
® For your Review /Comment ❑ For your Records ❑ Returned for Correction(s)
❑ Corrected and Returned ❑ For your Signature ® As Requested
❑ Other
By ❑ Hand Delivery ❑ Fed Ex ❑ UPS ❑ Regular Mail ❑ Other
Notes
Signature and (Typed) Name VVI Scib ft I
Date 4/30 /2012
Southern Environmental Group, Inc
5515 5outi College Road rjuste n Wilmington North Carolina 2841 2
Phone 5910+52 27 1 1 Fax. 910+5Z 2899 ]=mail office@seg us 0 1 2 0 4 3 4
www SCSI us L
Apnl25 2012
Hand Delivery
Ms Emily Hughes
Regulatory Specialist
U S Army Corps of Engineers
Wilmington Distnct Regulatory Division Office
69 Darlington Avenue
Wilmington, N C 28403
Mr Chad Coburn
Senior Environmental Specialist
NCDENR, Division of Water Quality
127 Cardinal Dnve Extension
Wilmington, N C 28405 3845
RE Nationwide Permit 18 — 504 North Carolina Avenue
Carolina Beach, New Hanover County, N C
Dear Ms Hughes and Mr Coburn
ISM Project # 012 -018 011
MAY 1 2012
DENR CNhTER QUAL1
Southern Environmental Group Inc (SEGi) on behalf of Ms Dolores Kirkbnde of Ocean Grove
Cottages LLC the Applicant is submitting this request for Department of the Army (DA)
authonzation to permanently impact 0 05 acre of 404 junsdictional wetlands The proposed impacts are
requested at 504 North Carolina Avenue in Carolina Beach, New Hanover County North Carolina
The Applicant is proposing to build a single family pile supported structure at this location The
applicant requests Department of the Army (DA) approval to permanently impact 0 05 -acre of non
npanan forested wetland for the purpose of fill matenal needed to construct the home and its attendant
features such as the dnveway access and porch Mitigation for the proposed impacts will be provided
through use of the In Lieu Fee Program of the N C Environmental Enhancement Program ( NCEEP) The
NCEEP has accepted the Applicants request to purchase 0 25 acre of non npanan wetland restoration
credit for the proposed impact A receipt of payment will be forwarded as soon as it is processed (see
Attachment 1 Pre Construction Notification and Accompanying Appendices)
In summary SEGi is requesting DA authorization to utilize Nationwide Permit 18 to permanently impact
0 05 acre of non npanan forested wetland for the purpose of construction of a single family home and its
attendant features
If you have any question or concerns please call me at (910) 452 2711 Thank you in advance for your
tune and assistance with tlus project
_ � ? `�
x wrm� °� "" � I
�I�i
David Scibetta
Project Manager
Enclosures Attachment 1 — Pre Construction Notification and Accompanying Appendices
Attachment 1
Pre - Construction Notification
And Accompanying Appendices
o�Iot VIAAL, A;q
oI
20120430
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 11
PCN Form — Version 13 December 10 2008 Version
Pre - Construction Nohficahon PC Form
A Apphcant Information
1
Processing
la
Type(s) of approval sought from the
Corps
'
®Section 404 Permit Section 10 F ermit
1 b Specify Nationwide Permit (NWP) number NWP18 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps*7
® 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
le
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
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
® Yes
❑ No
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
504 North Carolina Avenue
2b
County
New Hanover
2c
Nearest municipality / town
Carolina Beach
2d
Subdivision name
NA
2e
NCDOT only T I P or state
project no
NA
3
Owner Information
3a
Name(s) on Recorded Deed
Ocean Grove Cottages LLC
3b
Deed Book and Page No
Book 2 Page 30
3c
Responsible Party (for LLC if
applicable)
Dolores A Kirkbnde (see Appendix 1 Limitied Liability Company Annual Report)
3d
Street address
510 Hamlet Avenue
3e
City state zip
Carolina Beach NC 28428
3f
Telephone no
910 616 2422
3g
Fax no
3h
Email address
dee @oceangrovecottages com
Page 1 of 11
PCN Form — Version 13 December 10 2008 Version
4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other specify
4b
Name
4c
Business name
(if applicable)
4d
Street address
4e
City state zip
0
Telephone no
4g
Fax no
4h
Email address
5
Agent/Consultant Information (if applicable)
5a
Name
David Scibetta (see Appendix 2 Agent Authorization)
5b
Business name
(if applicable)
Southern Environmental Group Inc
5c
Street address
5315 South College Road Suite E
5d
City state zip
Wilmington NC 28412
5e
Telephone no
910 452 2711
5f
Fax no
910 452 2899
5g
Email address
dscibetta @segi us
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)
R09013 007 011 000
lb Site coordinates (in decimal degrees)
Latitude 34 0213 Longitude 779015
(DD DDDDDD) ( DD DDDDDD)
1c Property size
0 11 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
'c "Ocean
proposed project
Atla u T Cope- Fe-ox R LLw v
2b Water Quality Classification of nearest receiving water
SC
2c River basin
Cape Fear
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
The parcel is undeveloped and unimproved The site was bushogged several years ago The parcel is located in an
established developing neighborhood
3b List the total estimated acreage of all existing wetlands on the property
005
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
0
3d Explain the purpose of the proposed project
To construct a single family piling supported 2 story residence
3e Describe the overall project in detail including the type of equipment to be used
The site will be brought up to the necessary grade with clean earthen fill with dumptrucks and bulldozer The home will be
built on pilings with a small enclosed area on the ground level (see Appendix 3 Site Plan and Impact Map)
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 See Appendix 4 Notification of Jurisdictional
Determination
4b If the Corps made the jurisdictional determination what type
❑ preliminary ® Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company Land Management Group
Name (if known) Unknown
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
December 30 2009
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past'?
5b If yes explain in detail according to help file instructions
6 Future Project Plans
6a Is this a phased projects
❑ Yes ® No
6b If yes explain
Page 3 of 11
PCN Form — Version 1 3 December 10 2008 Version
C 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
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary T
W1 ®P ❑ T
Fill
PFO4
® Yes
El No
® Corps
® DWQ
005
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P [IT
❑ 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
00-5
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
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P [IT
NA
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P [IT
❑ 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 Total stream and tributary impacts
31 Comments
Page 5 of 11
PCN Form — Version 13 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
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
NA
02 ❑P ❑T
03 ❑P ❑T
04 [:1 POT
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
NA
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 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 any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
61 ❑P ❑T
NA
❑Yes
❑ No
132 ❑P
❑Yes
❑ No
133 ❑P
❑Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 11
PCN Form — Version 13 December 10 2008 Version
D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Only the necessary amount of fill will be placed to facilitate the construction of the house and driveway
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
The house is situated to conform to all property line setbacks The wetland location makes impact unavoidable
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
® ro Payment to in lieu fee ram
y p g
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank NA
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
NA linear feet
4c If using stream mitigation stream temperature
® warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
NA square feet
4e Riparian wetland mitigation requested
NA acres
4f Non riparian wetland mitigation requested
0 05acres
4g Coastal (tidal) wetland mitigation requested
NA acres
4h Comments See Appendix 5 NCEEP ILF Approval Letter
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
buffer mitigation?
❑ Yes ® No
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
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(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
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑Yes No
❑
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
35%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan explain why The overall area is under the 10 000 sq
It threshold for filing a stormwater management plan that is this project is 1750 sq ft impervious
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
NA
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ 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
❑ HQW
❑ ORW
(check all that apply)
❑ 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)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal /state) land?
lb
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
❑ Yes
® No
additional development which could impact nearby downstream water quality?
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
This propoerty will utilize Town of Carolina Beach Sanitary Facilities
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 protect occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
Impacts?
® Raleigh
5c If yes Indicate the USFWS Feld Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The North Carolina Natural Heritage Program database
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?
NOAA Fisheries Essential Fish Habitat Mapper
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a WIII 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?
National Historic Trust National Park Service and NC Historic Places websites
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 Budding will be constructed to meet FEMA elevation requirements
8c What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
David Scibetta
c
Applicant/Agent s Printed Name
Applicant/Agent s Signature
Date
(Agents signature is valid only ff an authorization letter from the applicant
Is provided)
Page 11 of 11
PCN Form — Vernon 13 December 10 2008 Version
504 North Carolina Avenue PCN
Appendix 1
Limited Liability Company Annual Report
Sr-G1
CA201210202536
' iq /� LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY Ocean Grove Cottages LLC
SECRETARY OF STATE ID NUMBER 1201618 STATE OF FORMATION NC
REPORT FOR THE YEAR 2012
SECTION A REGISTEERED AGENTS INFORMATION
1 NAME OF REGISTERED AGENT J Chns Huff
2 SIGNATURE OF THE NEW REGISTERED AGENT
3 REGISTERED OFFICE STREET ADDRESS & COUNTY
7029 Wrightsville Ave
Wilmington NC 28403 New Hanover
F Ung Otfioe Use O ry
® Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4 REGISTERED OFFICE MAILING ADDRESS
7029 WrlghtsvilleAve
Wilmington NC 28403
SECTION B PRINCIPA —LOFFICE INFORMATION
1 DESCRIPTION OF NATURE OF BUSINESS Builder Real Estate Development
2 PRINCIPAL OFFICE PHONE NUMBER 910 509 7480 3 PRINCIPAL OFFICE EMAIL lchufl@hsbfirm.com
4 PRINCIPAL OFFICE STREET ADDRESS & COUNTY
510 Hamlet 9 ve Carolina Beach NC 28428
New Hanover
5 PRINCIPAL OFFICE MAILING ADDRESS
510 Hamlet Ave Carolina Beach NC 28428
New Hanover
SECTION C MANAGEOR"EMBERSIORGANIZERS (Enter additional Managers/Members/Organizers In Section E )
NAME Dolores A Kirkbride NAME Michael L Kirkbride NAME
TITLE Member/Manager TITLE Member/Manager TITLE
ADDRESS 510 Hamlet Ave
Carolina Beach NC 28428
ADDRESS 510 Hamlet Ave ADDRESS
Carolina Beach AC 28428
SECTION D CERTIFICATION OF ANNUAL REPORT Section D must be completed In Its entirety by a person /business entity
k4j-1
SIGNATURE DA E
F nn m st be signed by Me age /Membe I st d unde Sed on C of this form
Dolores A Kirkbride Member /Manager
P t Typ N me of ManagerlMember TITLE
THIS ENTITY DOES NOT OUALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTION GRANTED UNDER SL2010 31
SUBMIT-THIS ANNS!AL�PQRLWSH THE REOUIRI=O-FJ IL NG F OF-A2QQ
MAIL TO Secretary of Slate Corporations D wW Post Office Box 29525 Raleigh NC 27828-0525
504 North Carolina Avenue PCN
Appendne 2
Agent Authorization
5r-61
5E-G1
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION _ BLK 38 LOT 22 WILM BCH
LOT NO —2 PLAN NO _PARCEL 1 D _ R09013 007 011 -000
STREET ADDRESS 504 North Carolina Avenue
Property Owner (please print) Ocean Grove Cottaees. LLC
The undersigned registered property owner of the above noted property does hereby authorize
Southern Environmental Group-, Inc. (SEG1) to act on my behalf to matters regarding areas of
environmental concern
Property Owner s Address (if different than property above)
510 HamletAva.
Carolma Beach. NC 27428
Telephone
Dee Ktrkbnde 910 616.2422
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge 96-iLiko
J Duo j R-fii w NlP KI,� mas+ab&
Property Owner Authorized Signature SEGI Authorized Signature
2a. �o 12 y -ZO 2 ,012_
Date Date
504 North Carolina Avenue PCN
Appendix 3
Site Plan and Impact Map
m
SF.G1
504 North Carolina Avenue PCN
Appendix 4
Notification of Jurisdictional Determination
SE-61
U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW 2009 -02335 County New Hanover U S G S Quad Carolina Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner Mr Ray Bubba" Atkinson, Jr
Address P,O Box 69
Kure Beach. North Carolina 28449
Telephone No
Property description
Size (acres) Oil Nearest Town Wilmington
Nearest Waterway UT to Cape Fear River River Basin Cave Fear River
USGS HUC 300 30005 Coordinates N 34 02157 W —7790203
Location description The property is located at 504 North Carolina Avenue lot 22 block 38 Wilmington Beach,
south of Wilmington New Hanover County. North Carolina
Indicate Which of the Following Aiply
A Preliminary Determination
_ Based on preliminary information there may be wetlands on the above described property We strongly suggest
you have this property inspected to determine the extent of Department of the Army (DA) junsdiction To be
considered final a junsdictional determination must be verified by the Corps This preliminary determination is
not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331)
B Approved Determination
There are Navigable Waters of the United States within the above described property 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
X There are wetlands on the above described property sublect 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
re%ulations this determination may be relied upon for a period not to exceed five years from the date of
this notification
We strongly suggest you have the waters of the U S on your property delineated Due to the size of your
property and/or our present workload the Corps may not be able to accomplish this wetland delineation in a
timely manner For a more timely delineation you may wish to obtain a consultant To be considered final any
delineation must be verified by the Corps
X The wetland on your property have been delineated and the delineation has been verified by the Corps
We strongly suggest You have 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 subiect
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 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 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
X_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA) You should contact the Division of Coastal Management In
Wilmington NC at (910) 395 3900 to determine their requirements
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) if you have any questions
regarding this determination and/or the Corps regulatory program please contact Emily Hughes at 910 - 2514635
C Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is directly
ad scent to an unnamed tributary to the Cane Fear River, a Traditional Navigable Water of the U S
D Remarks
This determination is based on information provided by Land Management Group, Inc and site visit
determination made by Ms Emily Hughes on 11/25/09 and 12/3109
E Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B 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) fact 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
District Engineer Wilmington Regulatory Division
Attn Emily Hughes Project Manager
Wilmington Regulatory Field Office
69 Darlington Ave
Wilmington North Carolina 28403
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 District 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 March 1, 2010
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence * r
Corps Regulatory Official f t, L
Date December 30, 2009
Expiration Date December 30, 2014
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 our website at
littu //re ulaton usacesumev com/ to complete the survey online
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Appendix 5
WEEP ILF Approval Letter
5r-GI
1
ellet
9 � em
4
�i f1 s
PROGRAM
April 24, 2012
Dee Kirkbnde
Ocean Grove Cottages
510 Hamlet Ave
Carolina Beach NC 28428 Expiration of Acceptance October 24 2012
Protect 504 North Carolina Avenue County New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program ( NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project unpacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved You must also comRly with all other state, federal or local government permits, regulations or authorizations associated
with the =posed activity including SL 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S L 2011 343
This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the
Issued 404 Permit/401 Certification /CAMA permit vnthm this time frame this acceptance will expire It is the applicant s
responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net
Based on the information supplied by you in your request to use the NCEEP the impacts that may require compensatory mitigation are
summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed to
accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee
Instrument dated July 28 2010
Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at
(919) 716 1921
Sincerely
46
Mica Ellison
Deputy Director
cc Karen Higgins NCDWQ Wetlands/401 Unit
Emily Hughes USACE Wilmington
Chad Coburn NCDWQ Wilmington
Doug Huggett NCDCM Morehead City
David Scibetta agent
File
Pleftoralg Pro" Our Sta&
WA
AWIWR
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq Ft)
Buffer H
(Sq Ft)
Cold
Cool
Warm
Ri arian Non Ri anan
Coastal Marsh
Impact
Cape Fear
03030005
0
0
0
0 0 05
0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed to
accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee
Instrument dated July 28 2010
Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at
(919) 716 1921
Sincerely
46
Mica Ellison
Deputy Director
cc Karen Higgins NCDWQ Wetlands/401 Unit
Emily Hughes USACE Wilmington
Chad Coburn NCDWQ Wilmington
Doug Huggett NCDCM Morehead City
David Scibetta agent
File
Pleftoralg Pro" Our Sta&
WA
AWIWR
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net