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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 Zc 13LJC 38 57027 E 50-M ],141 - 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PROFESSIONAL LAND SURVEYOR W350 504 North Carolina Avenue PCN 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