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HomeMy WebLinkAbout20230983 Ver 1_CAMA Application_20230710DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Environmental Quality 1. APPLICANT'S NAME: South State Development, LLC 2. LOCATION OF PROJECT SITE: 300 Wetherington Landing Rd Stella, NC 28582 Longitude:-77.14427 Latitude: 34.77537 3. INVESTIGATION TYPE: 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 5/31/2023 Major Permit Site Visit Yes 5. PROCESSING PROCEDURE: Application Received Application Complete I Regional Office 6/9/2023 6/26/2023 1 DCM - Morehead City Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Carteret County Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Public Trust Areas, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing: Planned: (F) Type of Structures: Existing: Pier or dock Planned: Fill(road), Boat lift, Finger pier, Pier \"T\" head, Platform, Covered Platform (G) Estimated Annual Rate of Erosion: Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED (ft2) FILLED (ft2) OTHER ft2 (A) Open Water 17976 B CW's above NHW C CW's below NHW (D) Shallow Bottom E High Ground 3049 (F) Non -Coastal WL (E) Total Area Disturbed: 21025 ft2 (F) Primary Nursery Area: Yes (G) Water Classification: HQW: High Quality Waters; SA: Market Shellfishing, Tidal Salt Water Open to Shellfishing: No Field Investigation Report: South State Development, LLC DCM Major Permit Page 11 8. PROJECT SUMMARY: The proposed project is for a modification to major permit 62-12. The project is going from 2 residential community docks with 10 slips each to one residential community dock with 36 slips. Also proposed is 0.07 acres fill of upland, noncoastal wetlands. 9. NARRATIVE DESCRIPTION: The Stella Landing project is located along Wetherington Landing Road, approximately 1,800' south of the Stella Bridge in Stella, Carteret County. The property is 138.7 acres in its entirety with over 7,000 linear feet of shoreline along the White Oak River. The property is vacant with open fields. There are some paths and a dock that stops at the edge of coastal wetlands along the White Oak River and is in the previously permitted spot for community dock #1. Along the property that is adjacent to the White Oak River are densely populated coastal and 404 jurisdictional wetlands and contains Juncus roemerianus. There are several canals that were previously dredged through the coastal wetlands. The Division of Water Resources classifies this area as SA/HQW Waters. This area of White Oak River is designated as a Primary Nursery Area and is closed to the taking of shellfish. Water depths within this project location are-1'nlw/mlw to -15' nlw/mlw depending on location. White Oak River is approximately 696 feet wide at this location. 10. PROJECT DESCRIPTION: The applicant is proposing to modify active CAMA major permit 62-12 and install a 36-slip private residential community dock and fill 0.07 acres of noncoastal wetlands. The applicant is proposing to build a single community dock with a 10' x 30' covered observation platform, 6' x 294' docking platform, and 36 boat slips with 13' x 13' boat lifts, and 18 4' x 26' finger piers between each slip to the existing permitted community dock along existing ditch and coastal wetlands. The most waterward portion of the proposed docking facility would not exceed a maximum of 160' from the edge of coastal wetlands and would be landward of the historic channel area. The water depths within the slip areas are -5.5' nlw to - 10.18' nlw/mlw depending on location. The proposed 0.07 acres fill is for a driveway that would be located on the upland area of Lot 29 and would fill (.07 acres) of 404 wetlands within this location. 11. ANTICIPATED IMPACTS: The proposed docking facility would shade/incorporate 17,976 fe of open water habitat (no SAV). The increase in suspended sediment and turbidity levels from the piling placement would be temporary, occur while the piling placement is taking place and should be minimal given the bottom composition. The proposed docking facility should not be a hindrance to navigation due to the fact all portions would be located landward of the channel area. The proposed docking facility would also meet the minimum 15' setback from the riparian access lines and would not exceed a maximum distance of 160' waterward of the edge of marsh. Name: Kara Guthrie Date: 07-10-2023 Office: DCM - Morehead City Regional Office Field Investigation Report: South State Development, LLC DCM Major Permit Page 12 ENGINEERS - SURVEYORS - PLANNERS CAMA Major Development Permit Modification Application SOUTH STATE DEVELOPMENT, LLC Stella Landing Community Docking Facility Reconfiguration and Driveway Crossing 300 Wetherington Road Stella, Carteret County, NC June 6, 2023 Proposed by: SOUTH STATE DEVELOPMENT, LLC 121 Garnet Lane Jacksonville, NC 28546 Prepared by: Tidewater Associates, Inc. 604-E Cedar Point Boulevard Cedar Point, North Carolina 28584 Telephone: 252.393.6101 Firm License Number: F0108 Applicant: South State Development, LLC Stella Landing CAMA Major Permit Modification Request Application Contents Application Documents • Agent Authorization • Project Site Information Report • Project Narrative • Property Deed • NCDWR Pre -Application Submittal Documentation • Updated Federal Wetland Delineation Concurrence Documentation • Adjacent Riparian Property Owner Notifications • CAMA Major Development Permit #66-12 • NC Stormwater Permit Documentation • NCG01 NO1 Documentation • USFWS Determination of No Effect Documentation Project Plans & Maps • CAMA Major Permit Modification Workplan Drawing • Cross -Sectional Profile Plans • Lot 29 Wetland Impact for Access Driveway Crossing • Updated Federal Wetlands Maps ONTIDEWATER ASSOCIATES, INC. CEDAR POINT, NORTH CAROLINA PROJECT AND SITE INFORMATION APPLICANT'S NAME: South State Development, LLC AUTHORIZED AGENT'S NAME: Tidewater Associates, Inc. by Roy Brownlow, Environmental Specialist LOCATION OF PROJECT SITE: 300 Wetherington Landing Road, contiguous to the White Oak River Latitude:34.768498 Longitude:-77.147576 PROJECT SUMMARY: Requesting a modification of CAMA Major Permit #62-12 to eliminate one of the two previously permitted community docks, and add 16 boat slips, going from 20 approved slips to 36 slips which would provide one slip for each lot in the subdivision, and to place earthen fill in noncoastal wetlands for a residential driveway crossing. PERMIT(s) APPLYING FOR: CAMA Major Development / Dredge and Fill SITE OBSERVATION PROCEDURES: Date(s) of Site Visit: 05/31/2023; Updated Wetland Delineation Map Survey: 03/33/3033; Depth Soundings Taken: 04/18/2023 PROCESSING PROCEDURE: • Jurisdiction Determination Renewal - written concurrence by USACE via email: 04/18/2022 • NCDWR 401 Certification Pre -file date: 05/09/2022 • USFWS Letter of No Effect Determination: 05/12/2023 • CAMA Major Permit/State Dredge and Fill Application, Morehead City DCM District Office OTHER PERMITS 1 AUTHORIZATIONS: NCDEMLR Stormwater: SW8 091210 USACE: SAW 2007-04091 (Delineation updated 04/18/2022) NCDEMLR SED & EC Project ID: CARTE-202-003 CAMA Major Development Permit #62-12 SITE DESCRIPTION A. CAMA AEC(s) Involved: Coastal/Estuarine Shoreline; Public Trust Waters, Estuarine Waters, Noncoastal wetlands under Federal Jurisdiction B. Proposed Project Use: Private community residential C. Intended Land Use: Residential D. Wastewater Treatment: Onsite E. Type of Development: Existing: Minimal subdivision ground preparation; community dock access constructed Planned: 36 Lot residential subdivision with 36 slip non -transient private community dock F. Average Annual Rate of Erosion: N/A G. Total Upland Area Disturbed by Modification: 3,049 SF .07 Acre H. Primary Nursery Area: Yes I. Water Classification: SA / HQW J. Open to Shellfish Harvesting: No K. River Basin: White Oak L. Cultural Resources: None known or expected to be on or near the project area. M. USFWS Critical Habitat: Essential Fish Habitat; No effect on listed species DREDGED or FILLED: Dredged: None Filled:.07 acre (3,049 sf) noncoastal wetland. USURP OR SHADED: 17,976 sf within Estuarine Waters 604E Cedar Point Blvd. Cedar Point, NC 28594 1 (252) 898-6101 Firm License Number F-0108 I www.tidewaterenc.com TIDEWATER ASSOCIATES. INC. a CEDAR POINT, NORTH CA RdLIF[A South State Development, LLC Stella Landing Subdivision Modification Request of CAMA Major Development Permit #62-12 Docking Facilities Reconfiguration and Wetland Driveway Crossing Project Narrative June 05, 2023 Introduction The applicant, South State Development, LLC, was originally authorized for the Stella Landing subdivision under CAMA Major Development Permit #62-12, herein referred to as "the Permit," to construct two residential community docks, each consisting of 10 docking spaces with associated elevated structural water-accessways and earthen paths on acreage located at 300 Wetherington Landing Road, adjacent to the White Oak River in Stella, White Oak Township, Carteret County. The previously authorized docks included partially covered platforms or gazebos, finger piers, 10 boat slips each (20 boat slips in total) with boat lifts in each slip. Only one of the previously permitted dock's, the southern dock, water accessway has been constructed at this time. The work done consists of clearing the earthen walkway and installation of the southern dock's (Dock #1) water access up to the waterward edge of marsh. The work on the docking facilities has paused at this time while a modification to CAMA Major Permit #62-12 is sought to reconfigure the previously permitted two docking facilities into one community dock. The Permit was originally issued to M and M Land Development Inc. on June 06, 2012. The Permit was transferred to South State Development, LLC and renewed by the NC Division of Coastal Management on March 14, 2022, with an expiration date of December 31, 2023. This Permit modification request consists of two parts: one is to eliminate the previously authorized northern 10-slip docking facility (Dock #2) and construct a single community docking facility at the southern dock site (Dock #1) with a total of 36 proposed boat slips with boat lifts. This number of slips would provide a docking space for each lot in the subdivision. The second modification request also seeks authorization to impact a 0.07acre (152' x 20' area for a total of 3,049sf) area of Section 404 wetlands with earthen fill and retaining walls necessary for a residential driveway crossing on Lot 29. The crossing would provide the only available access to the upland area of the lot's buildable area. Site Description South State Development, LLC is developing this property under existing CAMA Major Permit #62-12 with clearing, drainage grading, stormwater infrastructure installation underway, and a portion of a permitted dock is underway. The project site consists of 139+/- acres of undeveloped land with over 7,000 linear feet of shoreline located along the White Oak River in Stella. The property is located within the White Oak River Basin. The U.S. government Camp Lejeune to Cherry Point railroad passes along the north of the property and is an adjacent riparian neighbor of the project site. The railroad property is United States government 604E Cedar Point Blvd. Cedar Point, NC 28584 1 (252) 393-6101 Firm License plumber F-0108 I www.tidewaterenc.com Stella Landing Community Docking Facility South State Development, LLC Major CAMA Permit Modification Application June 05, 2023 Page 12 of 7 property and is managed through Camp Lejeune Marine Corps Base and Cherry Point Marine Corps Air Station. The project site is connected to Wetherington Landing Road (NCSR 1101) by a recorded right-of- way crossing. The adjacent riparian property to the southeast is owned by MHC White Oak Shores, L.P. and is utilized as a camper and RV park. The property is currently vacant and mostly open field. Near the shoreline, trees and woody vegetation remain with areas under -brushed for accessibility. There are places on the property with partial drainage grading and infrastructure installed or work is underway. The average elevation of the site is 8' above normal high water. in addition to coastal and non -coastal wetlands and marsh, there are shrubs, trees, and herbaceous and grassy vegetation on the site. There is an existing cleared area located in the center of the parcel and an existing unpaved earthen driveway connecting to Wetherington Landing Road. There are no paved roads, wastewater treatment facilities, drinking water supply sources, or major infrastructure on the site at this time, other than the previously mentioned unpaved access drive, sediment fencing, and work started on the southern dock, drainage swales and retention basins. The parcel contains coastal and non -coastal wetlands adjacent to the White Oak River's meandering shoreline. The coastal wetlands consist primarily of Black Needlerush (Juncus romerianus). There is Common Three -square (Scirpus pungens) in the upper marsh elevations located on the southwestern portion of the site. There are existing excavated finger -canals, or relic mosquito ditches, that cut through the marsh. These ditches typically are not navigable at normal low water. The site is boarded by Taylor Creek (Classification of C) to the east-southeast of the property that branches off the White Oak River. The White Oak River varies in width along the property's shoreline. At the southern dock's access location, which would be the site for the proposed single community dock, the waterbody is 663' wide measured from the waterward edge of marsh to edge of marsh on the opposite shoreline. Existing water depths, relative to Normal Low Water (NLW) at the project site range from -1.0' at the waterward edge of the marsh shoreline of the main portion of the property to-15.0'+ in the center of the river. The proposed boat slips would be in water depths of -5.5' to-10.18' NLW. Depths at the waterward end of the proposed single community dock measure -9` to -12' NLW. No submerged aquatic vegetation or shellfish resources were observed or visible at the site for the proposed single community dock. The White Oak River at the project site is classified as SAIHQW by the Environmental Management Commission. This portion of the river is also classified as a Primary Nursery Area by the Marine Fisheries Stella Landing Community Docking Facility South State Development, LLC Major CAMA Permit Modification Application June 05, 2023 Page 13 of 7 Commission and is considered an "Essential Fish Habitat." The NC Division of Marine Fisheries has permanently closed this area of the White Oak River to the harvest of shellfish. On March 18, 2022, the US Army Corps of Engineers renewed the previous December 19, 2007 delineation based on a March 22, 2022, survey of the Section 404 wetland delineation of 28.02 acres. The delineation was originally approved on December 19, 2007 and then renewed in 2015. Staff of the NC Division of Coastal Management performed the delineation of coastal wetlands and the locations of the normal high water (NHW) for the previously permitted project plans and as shown on this project plan. Project Description The owners are requesting a modification of the current CAMA Major Permit #62-12 to construct a single fixed, non -transient, private residential community dock with associated boat lifts and an elevated and earthen walkway in lieu of the previously permitted two community docking facilities. The previously permitted elevated walkway section would cross wetland areas and would transition to an earthen path or walkway that would be constructed on the upland portion of the site as originally permitted. The proposed single community docking facility would serve only the property owners within Stella Landing and would not provide any marina services. The proposed single community dock `access' is constructed in its permitted footprint beginning just landward of the coastal wetlands and terminating at the waterward end of the marsh. The as -built dock access portion extends 659' over the coastal wetlands marsh. This boat slip access area would be perpendicular to the shore and would extend an average of 155' offshore from the waterward edge of the marsh to the most waterward extents of the end of the docking space finger -piers, or boatlifts. The existing dock access is elevated a minimum of 5' above NHW for the width of the span where it crosses over the public trust waters within the mosquito ditch. The as -built dock access meets or exceeds the minimum requirement of 3' above the marsh substrate measured from the bottom of the decking to the top of the marsh substrate grade. The proposed single community dock would have a covered, unenclosed 10' x 30' sitting platform starting at 10' waterward from the closest edge of marsh. The roof of the sitting platform would have 1' of overhang, with overall dimensions of 12' by 32'. The docking platform would be 6' wide and 294' in length and would run parallel to the shoreline. The proposed single community dock would be more than 1,000' plus from any adjacent riparian access line. Boat slips would be in a minimum water depth of -5' NLW and boat lifts would be proposed in each slip. The single community dock would provide 36 formalized boat slips, one slip for each lot within the Stella Landing subdivision. The dock would accommodate Class I, or runabout type boats. The requested number of slips would be an increase of 16 slips from the previous authorization. Boat lifts measuring 13' x 13' are Stella Landing Community Docking Facility South State Development, LLC Major CAMA Permit Modification Application June 05, 2023 Page 14 of 7 proposed for each slip. 18 finger piers measuring 4' in width by 26' in length are proposed between each bay, or between each pair of boat slips. There is a 40'+/- wide navigable cut through the marsh 200'+ north of the proposed dock location. Access to this cut would not be hindered. Primarily, only Class A vessels (less than 16' in length), jon-boats, kayaks, or similar vessels would be able to utilize the narrow and shallow cut. Upland Development The Permitted upland development would be limited to the one previously permitted earthen walkway connecting to the elevated walkway section of the single community dock. As authorized under CAMA Major Permit #62-12, the upland work would occur outside the CAMA 75' Coastal Shoreline/ Estuarine Shoreline AEC. The project as proposed with a single community dock would cover 2,784 square feet of soil (previously permitted 7,500 square feet with two walkways). No impervious surfaces associated with the dock are proposed within the Estuarine Shoreline AEC. No parking is proposed for this project. There is no existing or proposed boat ramp on the property, therefore parking for vehicles and/or boat trailers would not be necessary since boats would be placed in the water elsewhere and arrive to the dock by water. The existing stormwater permit SW8 091210 previously issued for the site authorizes paved roads, located outside the CAMA 75' Estuarine Shoreline AEC, to serve a low -density stormwater subdivision. Only necessary sections of permitted roads would "roughed in" to allow parking for users of the dock. Upon completion of the subdivision, owners' vehicles would remain on individual residential lots, thus eliminating the need for additional parking areas associated with the proposed community dock. With either possibility, vehicles would be parked landward of the CAMA 75' AEC and would be approximately 500' from Normal High Water. The second component of this Permit Modification request would be to place clean earthen fill material within .07 acre, or a 152' x 20' area (3,049 square feet) of noncoastal wetlands for property access purposes and the need to be able to reasonably access the upland area within Lot 29. This lot is in the northwest corner of the land tract and has a 20' wide access driveway from the terminus of the proposed cul-de-sac to the wide portion of the lot. There is a delineated section of noncoastal wetland, landward of the CAMA AEC and Coastal Wetlands between the subdivision right-of-way and the upland area of Lot 29. This location is the most accessible area to avoid and minimize wetland impacts to the maximum extent practical. This proposed crossing location would have the least amount of wetland impact that is necessary to construct a crossing for ingress and egress to Lot 29. A culvert pipe could be installed to allow natural flow and drainage if necessary. The earthen fill material would be clean, free of debris, and come from an Stella Landing Community Docking Facility South State Development, LLC Major CAMA Permit Modification Application June 05, 2023 Page 15 of 7 upland source. The fill dirt would be retained by utilizing low slope banks, stabilized with an effective vegetated cover to prevent sedimentation deposits or alluviation. Construction Methods Dock construction in the river's coastal waters would employ conventional marine construction techniques using barge mounted equipment with pile driving or vibratory capability. The marine contractor's work barge would anchor in the water so not to interfere with navigation or impact the marsh. A utility tractor or skid steer would be used for construction of the earthen walkways and the placement and grading of the earthen fill material for the driveway access on Lot 29. The mechanical equipment and tractor would be stored on upland areas and on the work barge. Anticipated Impacts The proposed permit modification request to eliminate one of the previously authorized docks would reduce the shading impacts to the marsh and aquatic zone and lessen the amount of structure placement in Public Trust Waters. The shading impacts from the dock access, platform, and docking spaces over Estuarine Waters would be negligible due to the brackish waters and water depths limiting the photosynthetically available light. The 6' x 90' (540sf) dock access, the 32' x 12' (384sf) roof with overhang over the sitting platform, and the 294' x 58' (17,052sf) would occupy, or shade, a total of 17,976sf of public trust waters. There would be no hinderance to navigation by the proposed community docking facility modification request as the proposed dock would meet the 1/4 rule" width of the waterbody. Temporary turbidity would occur with the installation of the dock and boatlift pilings. No marina services would be provided. Long term maintenance dredging is not anticipated due to the sufficient water depths. Work to construct the dock would be by barge utilizing vibratory pile -driving methods. No dredging would be necessary as the water depths are more than adequate for Class I boats, and long-term maintenance excavation is not anticipated. The amount of marsh shading and land disturbance for the dock access would be reduced by over 5,000 square feet by the elimination of the previously approved northern dock. Taylor Creek to the southeast would not be impacted by this project or the proposed modifications. The marsh peninsula area located on the southwestern portion of the site would not be impacted by this project. The proposed .07 acres (3,049sf) for the proposed driveway crossing to the upland area of Lot 29 would be a permanent noncoastal wetland impact, however, the location for the crossing is the best accessible section to avoid and minimize wetland impacts to the maximum extent practical. Best management procedures would be taken to minimize construction related disturbance and sedimentation of wetlands and to restore wetlands to pre-existing conditions, contour, and grade. No long-term effects on coastal resources, habitat, or wildlife are anticipated from the .07acre earthen fill for the driveway crossing. The crossing design and construction could incorporate wildlife crossings and prevent wildlife fragmentation using a culvert pipe if required. Stella Landing Community Docking Facility South State Development, LLC Major CAMA Permit Modification Application June 05, 2023 Page 16 of 7 Summary The proposed project modification is to eliminate the previously authorized (not constructed at this time) 10- slip fixed pier (northern docking facility Pier #2) in the White Oak River with elevated sections over wetlands, connecting to earthen upland walkways. The modification would authorize expanding the total number of boat slips from the previously authorized total 20 slips to 36 total slips, which would be one slip for each lot in the subdivision. The proposed single community dock would include a T-head platform at the waterward end of the structure. Proposed boatlifts would be installed within each slip. The modification also proposes to place clean upland earthen fill material in a .07acre area of noncoastal wetland for the purpose of a driveway crossing that would provide access to the upland area on Lot 29 within a location that avoids and minimizes wetland impacts to the greatest extent practicable. The proposed project modifications would have minimal impacts on coastal resources. There is no excavation dredging proposed. Boat slips will be in a minimum of -3' to -5' NLW water depth near shore and the proposed single community dock would not be a hinderance to navigation. The dock access would be elevated a minimum of 5' above NHW, as measured to the bottom of the joists or stringers, for the span across the ditch crossing. The bottom of the pier decking over wetlands will be elevated a minimum of 3' above the wetland substrate. The proposed dock would serve the Stella Landing subdivision only and no marina services would be included. The elimination of one of the two previously authorized piers would reduce usurpation of the Public Trust Waters and reduce shading and substrate alteration impacts within the Coastal Wetlands AEC. An earthen walkway connecting to the dock access would be the only proposed upland development within the Coastal / Estuarine Shoreline AEC within the scope of this proposed modification. The walkway has been located to avoid wetland areas. The proposed placement of earthen fill material in a 20' x 152' driveway crossing through noncoastal wetlands on Lot 29 is outside of the CAMA AECs and is the most practicable location to avoid and minimize wetland impacts. South State Development, LLC is currently developing this property. The proposed single community dock and boat slips with lifts would enhance the future residential community and would have less overall impact on coastal resources than individual residential piers from each riparian property. Previous State and/or Federal Permits Associated with Stella Landing • CAMA Major Development Permit #62-12 • NCDEMLR Stormwater Project ID SW8091210 • NCDEMLR Sedimentation and Erosion Project ID CARTE-2022-003 • Section 404 Delineation Map Renewal 04/18/2022 (Survey map dated 03/22/2022) • USACE Project ID SAW 2007-04091 Stella Landing Community Docking Facility South State Development, LLC Major CAMA Permit Modification Application June 05, 2023 Page 17 of 7 Contacts for this project are: Elijah Morton, Registered Agent, South State Development, LLC 121 Garnet Lane Jacksonville, NC 28546 ElijahM@mortontrucking.com (910) 548-7575 Jennifer Ward, Managing Member, South State Development, LLC Jennifer@southstatedevelopment.com (910) 548-7575 Julie Smith, Projects Administrator, South State Development, LLC admin@southstatedevelopment.com (910) 548-7575 Roy Brownlow, Environmental Specialist, Authorized Agent, Tidewater Associates, Inc. RBrownlow@tidewaterenc.com Office: (252) 393-6101 Jonathan McDaniel, P.E., Project Engineer, Tidewater Associates, Inc. JMcdaniel@tidewaterenc.com Office: (252) 393-6101 DWR Statements: As per GC 4175, please note the following statements: The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and act on this CWA 401 certification request within the applicable reasonable period of time. 'Ra&i 13rawv&ow Authorized Agent Signature: Tidewater Associates, Inc. Roy Brownlow, Environmental Specialist Date: June 05, 2023 „ TIDEWATER ASSOCIATES, INC. CEDAR POINT, NORTH CAROLINA July 21, 2022 White Oak Shores RV Resort c/o MHC White Oak Shores, L.P. Two North Riverside Plaza Chicago, IL 60606 Re: Notification of Application for Modification to State Coastal Area Management Act (LAMA) Permit #62-12 To Whom It May Concern: Hope this correspondence finds you doing well. Tidewater Associates, Inc. is applying for a modification to CAMA Major Development Permit #62-12 for our client, South State Development, LLC who owns the riparian, or waterfront property, located at 300 Wetherington Landing Road, in Stella, Carteret County. This riparian property is adjacent to your riparian, or waterfront property. The North Carolina Coastal Resources Commission's rules and the Coastal Area Management Act (CAMA) requires that you are notified of this permit modification application as an adjacent riparian waterfront property owner. The permit modification being applied for is to eliminate the previously authorized (not constructed at this time) 10-slip fixed pier (northern docking facility Pier #2) in the White Oak River with elevated sections over wetlands, connecting to earthen upland walkways and construct a single 36 slip community docking facility in the southern area of the property. The modification would authorize expanding the total number of boat slips into one community docking facility from the previously authorized total 20 slips to a proposed 36 total slips, which is one slip for each lot in the subdivision. The proposed single community dock would include a 10' x 30' covered observation platform and a T-head platform at the waterward end of the structure. Proposed boatlifts would be installed in each slip. The modification also proposes to place earthen fill material in a .07acre area of Section 404 wetland for the purpose of a driveway crossing that would provide ingress and egress to the buildable upland area on Lot 29. Vertical retaining wall structures would be constructed and made tight to prevent seepage before the placement of soil to retain the earthen fill within the 20' wide drive crossing. A copy of the application and project drawing is enclosed for your review. 604E Cedar Point Blvd. I Cedar Point, NC 28584 1 (252) 393-6101 Firm License Number F-0108 I www.tidewaterenc.com White Oak Shores RV Park July 21, 2022 Page 2 If you have no objections to the proposed activity, please mark the appropriate statement on the enclosed form, sign and date the form, then please return the signed form to me using the self-addressed stamped envelope, or scan the signed form and email it back to me at RBrownlow@TidewaterENC.com, within 10 days upon receipt of this notice. Please be advised that if no reply or comments are received within 10 days upon receipt of this notification, it would be interpreted the same as you having no objections or comments regarding this proposed project since you have been notified by Certified Mail. If you have objections or comments to what is being proposed, you must notify the N.C. Division of Coastal Management (NCDCM) in writing within 30 days upon receipt of this notice. Correspondence should be mailed to NCDCM, 400 Commerce Ave., Morehead City, NC 28557. NCDCM representatives can also be contacted at 252.515.5400. Please mark the appropriate statement on the enclosed form and send your concerns or objections in writing within 30 days upon receipt of this notice to: NCDCM, in care of Heather Styron, Field Representative, 400 Commerce Ave, Morehead City, NC 28557; and/or email to Heather.M.Styron@ncdenr.gov. If you have any questions about the project or this notice, please do not hesitate to contact me at the address and phone number listed below, or contact Ms. Styron at 252-515-5417, or by email. Sincerely, Rod l jrownkow Roy Brownlow, Environmental Specialist Tidewater Associates, Inc. 604-E Cedar Point Blvd Cedar Point, NC 28584 (252)393-6101 Enclosures: Notification Form Project Narrative CAMA Permit Modification Application Work Plan Drawing (Prof. No.21268) SASE 604E Cedar Point Blvd. I Cedar Point, NC 28584 ( (252) 393-6101 Firm License Number F-0108 I www.tidewaterenc.com MHC White Oak Shores, LLC c/o C.T. Corporation System, Registered Agent DATE, 2022 JuLy ff Page 3 of 3 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM SENT CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: South State Development, LLC Address of Property: 300 Wetherington Landing Road Stella Carteret County Mailing Address of Owner: 121 Garnet Lane, Jacksonville NC 28546 Owner's email: Owner's Phone#: Agent's Name: ROY BROWNLOW, Tidewater Assoc, Inc. Agent Phone#: 252.393.6101 Agent's Email: RBrownlow@TidewaterENC.com ADJACENT RIPARIAN PROPERTY OWNER'S (ARPO) CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. if you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 515-5400. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION Only for proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner NOTE: Setback waiver is valid for up to one year from ARPO's Signature -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner (ARPO): Typed/Printed name of ARPO: Mailing Address of ARPO: _ ARPO's email: Date: ARPO's Phone #: 4/20/23, 4:31 PM USPS Tracking' ■ Complete Items 1, 2, and 3. • rint your name and address on the reverse o that we can return the card to you. ® Attach this card to the back of the malipiece, r or on the front if space permits. 1. Article Addressed to: �{c vJl tZa O.�t Sl, a r'Q,1 ua cfcA�Pate�sysL..� S .,;,,�,�. zoo �'_ • O (� Tracking Number: 7016356000003553f III III II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 7488 2055 0136 92 Copy Add to Informed U Latest Update 2. Article Number (Transfer from service label) 7016 3560 0000 3553 8880 PS Form 3811, July 2020 PSN 7530-02-000-9053 11 X V6 n a �s f A41 ❑ Adore Deliver Is deli, address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered Mail- ❑ Adult Signature Restricted Dellvery ❑ Flattered Mail Restric WCertllled Meiile Da very ❑ Certified Meii Restricted Delivery ❑ Signature Confirmation ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Restricted Delivery 9 Insured Mail 1 Insured Mall Restricted Delivery (ever$500) Domestic Return Recelf Your item was delivered to an individual at the address at 11:19 am on July 26, 2022 in RALEIGH, NC 27615. Get More Out of USPS Tracking: n m USPS Tracking Plus® m Q a D1 Delivered Delivered, Left with Individual RALEIGH, NC 27615 July 26, 2022, 11:19 am See All Tracking History Text & Email Updates u USPS Tracking Plus® Product Information Track Another Package Enter tracking or barcode numbers tPs://tools-usps.com/go/-rrackConflrmAction?tRef=fult( WFFLT1t vm+ an, ¢S L� c(oY1\TC+ or%,� ..0�--S6r t 1 uJo I.lor . \Just'&k, Clo..zw QJI�� c-o-o�o ��L (P Ofo 0 fo r IIIIII II III IIIIII illllllllllllll IIIIIIII 9590 9402 7488 2055 0136 85 i. Service Type ❑ 7 Adult Signature ]Adult Signature Restricted Delivery ❑ a'CanlrledMall@ ❑ :3 Ceriified Mall Restricted Delivery ❑ ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery .cared Mail cored Mail Restricted D e .. Restricts „ TIDEWATER ASSOCIATES, INC. CEDAR POINT, NORTH CAROLINA July 21, 2022 United States Government c/o Mr. Ethan Brogden, Deputy Director Community Plans and Liaison Office MCAS Cherry Point HQ Bldg I PSC 8003 Cherry Point, NC 28533 Re: Notification of Application for Modification to State Coastal Area Management Act (CAMA) Permit #62.12 Mr, Brogden: Hope this correspondence finds you doing well. Tidewater Associates, Inc. is applying for a modification to CAMA Major Development Permit #62-12 for our client, South State Development, LLC who owns the property located at 300 Wetherington Landing Road, in Stella, Carteret County, which is adjacent to the USMC railroad property, The North Carolina Coastal Resources Commission's rules and the Coastal Area Management Act (CAMA) requires that adjacent riparian property owners are notified of this permit modification application. The permit modification being applied for is to eliminate the previously authorized (not constructed at this time) 10-slip fixed pier (northern docking facility Pier #2) in the White Oak River with elevated sections over wetlands, connecting to earthen upland walkways and construct a single 36 slip community docking facility in the southern area of the property. The modification would authorize expanding the total number of boat slips into one community docking facility from the previously authorized total 20 slips to a proposed 36 total slips, which is one slip for each lot in the subdivision. The proposed single community dock would include a 10' x 30' covered observation platform and a T-head platform at the waterward end of the structure. Proposed boatlifts would be installed in each slip. The modification also proposes to place earthen fill material in a .07acre area of Section 404 wetland for the purpose of a driveway crossing that would provide ingress and egress to the buildable upland area on Lot 29. Vertical retaining wall structures would be constructed and made tight to prevent seepage before the placement of soil to retain the earthen fill within the 20' wide drive crossing. A copy of the application and project drawing is enclosed for your review. 604E Cedar Point Blvd. I Cedar Point, NC 28584 1 (252) 393-6101 Firm License Number F-0108 I www.tidewaterenc.com If you have no objections to the proposed activity, please mark the appropriate statement on the enclosed form, sign and date the form, then please return the signed form to me using the self-addressed stamped envelope, or scan the signed form and email it back to me at RBrownlow@TidewaterENC.com, within 30 days upon receipt of this notice. Please be advised that if no reply or comments are received within 30 days upon receipt of this notification, it would be interpreted the same as the US Government/USMC having no objections or comments regarding this proposed project since you have been notified by Certified Mail. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (NCDCM) in writing. Correspondence should be mailed to NCDCM, 400 Commerce Ave., Morehead City, NC 28557. NCDCM representatives can also be contacted at 252.515.5400, Please mark the appropriate statement on the enclosed form and send your concerns or objections in writing within 30 days upon receipt of this notice to: NCDCM, in care of Heather Styron, Field Representative, 400 Commerce Ave, Morehead City, NC 28557; and/or email to Heather.M.Styron@ncdenr.gov. If you have any questions about the project or this notice, please do not hesitate to contact me at the address and phone number listed below, or contact Ms. Styron at 252-515-5417, or by email. Sincerely, Rod Tjroco4low Roy Brownlow, Environmental Specialist Tidewater Associates, Inc. 604-E Cedar Point Blvd Cedar Point, NC 28584 (252) 393-6101 Enclosures: Notification Form Project Narrative CAMA Permit Modification Application Work Plan Drawing (Proj. No.21268) SASE N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: South State Development, LLC Address of Property: 300 Wetherington Landing Road Stella Carteret County Mailing Address of Owner: 121 Garnet Lane Jacksonville NC 28546 Owner's email: Owner's Phone#: Agent's Name: ROY BROWNLOW, Tidewater Assoc, Inc. Agent Phone#: 252.393.6101 Agent's Email: RBrownlow@TidewaterENC.com ADJACENT RIPARIAN PROPERTY OWNER'S (ARPO) CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that the US Government owns property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections or comments to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 515-5400. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION Only for proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) The US Govt DOES wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner NOTE: Setback waiver is valid for up to one year from ARPO's Signature am The US Govt does not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner or Agent (ARPO): Typed/Printed name of ARPO: Mailing Address of ARPO: ARPO's email: ARPO's Phone 4/20/23, 4:30 PM usps.colTO - US rn r'- -0 USPS Tracking M Ln Ln 171 "rous Extra Senvices &Fears (Che kbagddn--M- r3 Return Reselpt PlareCOPY) $ M Postmark M❑Return Rocolpt (elagerare) $ Conifer] Mail Restroted Ddivetsr $ I _rl,' I [are E] Adult Signature Required a 1-3 DAdult Signature Reelected DGINQnr $ -J3 Postage $2r,10 Ln M $ 07/2L/2022 Tracking Number: A Total Postage and FVT. 65 r'q Sent To 70163560000035538873 r- al --- ------------------ reentan P -- --V . -1 ---------- ------- City, st, ie. -2 1 ---,: Copy Add to Informed Delivery (https://informedd( -- army 01A K) r. 2. 1 S'X? Latest Update Your item has been delivered to an agent for final delivery in CHERRY POINT, NC 28533 on July 26, 2022 at 8:26 am. Get More Out of USPS Tracking: USPS Tracking Plus@ Delivered to Agent Delivered to Agent for Final Delivery CHERRY POINT, NC 28533 July 26, 2022, 8:26 am See All Tracking History Text & Email Updates USPS Tracking PlusO Product Information See Less /\ Track Another Package Enter tracking or barcode numbers wAr is https:/Itools.usps.comlgo/-rrackCanfirmAction?qtc tLabelsl=M63560000035538873 1/2 h•Y.J. �ib4�.: 1,-}U.%..,.....•'.�}4x•5Wf ,.�43r,-/.q�a;4}Gai•.'-��'.8{j ,.:.?�iY::4.5 .4:..�r�r:..-}: a;�;..;':.fitrY..H4iw:.;.5.s.}Q°rN��4•`Q^•7•�; n.� YY+•:.,{�.`�f vr�•3�r.4��Y•. ,i r' x•}{K,�iK1.�..C.*; o^Pa t e rnit Class L [ Pennit Number NEW 62-12 STATE OF NCRTH CAROLE'iA or, ,C:]� .. i3 r l •�iIli"f�a:._iJi..l;c5 Cca tal Commissionn w .� 1k TELLO fc_ L. AN X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS I I3-2 29 Issued to M and M Land Development Inc., 166 Center Street, Jacksonville, NC 28546 Authorizing development in Carteret County at adi. to the White Oak River_ at Wetherinu ton Landing Road, in Stella , as requested in the permittee's application dated 2/16/12, including the attached drawings (4), 1 dated revised 2/16/12, 2 dated revised 3-15-12, and 1 dated revised 1/25/12 This permit, issued on June 6. 2012 , 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) In accordance with 15A NCAC 07H.0208(b)(06)(E), the observation platforms located on both pier A and pier B are not authorized. Marina 2) The marina shall display a sign showing the location of the pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main piers. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2015 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of VENK and the Chairman of the Coastal Resources Commission. 1 is Braxton . avis, Director «r Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee i+:4•'�,5�•E-:P ;tii.`.`Y;.�:.�.;....�. :., � f..i%..}.;�r'v>1i44 M-0:+r+i'.'.rr�,%}'•'-i'•, r:y h�}Y,dihY %Y.�^'{•+:MYYrrrt�:•b,,}Y��GM}-0++•?+i84WN*r'--V a M and M Land Development inc. ADD-ITTiO AL CONDITIO Permit # 62-12 Page 2 of 4 R 1,vo sewage, v nether tre'.''u or .antutak-d. shalIN 7 :.� � On]-, ,r.,, cn a sf, � g na t'.^ 15. is"� at cam. Ei ne e_1 an - violation eat3 ��. } marina. a. Amy sewau e disc Ha.'z- e at tll maa .1a Shull be cc ns.d r <� ViC,11ii0T2 Of tills permit # `3' v.�JCI� the pen-ni, pe Is responsible. 'l ri ss Shalt be applied .._:d e-c-lb. Ced Throughout the ern -re e�J ,�nCe h of th- phirnitted S. ict-,:-Ic.. 4) Unless specifically altered hereir, this permit authorizes only the does, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 5) The authorized structure shall not extend more than %a of the width of the waterbody, as measured from the waterward edge of the marsh on both sides of the water body immediately in front of the individual piers. 6) All portions of the access pier/walkway located over Coastal Wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking. 7) As depicted on the attached workplan drawing Sheet 4 of 4 dated revised 1/25/12, any portion of the permitted pier B located over the tidal canal shall be elevated at least 5 feet above the normal high water level. 8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the covered platform shall not be designed for second story use. 10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 12) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 13) This permit authorizes 10 slips at each pier for a total 20 formalized docking spaces. _. . _.. .,.-_ y. �.� - .• . e.:.a o-tar r twr•+unr+ : w;r*<+ t�rr trJr ��--�.00--q rns-.r•Wm yo cw= •oo-r.c�'r ••a-ov�r-�- NI and M Land Development Inc. } } ADDITIO- iA:+_, CC: -' DWT TIO`;S E-� ement Pi (2-1 Page 3 of 4 1-r" The p-l-rmittee may be required to apply for a s'-.:c ..ergee iar_d lase: fn)- i th:. D partmont of d.A�..ri:stratior_'s State Property Office. Ccntac: the Dep�-::"tnnent of Oftice directly at (919) 807-4650 for this deter r.ination. ";,houN it be cetserm'ed tl;at an. L -.cement is requir--_d, the pennittee shall supply a copy of the easemen7 to the Div.sior, within 30 days of issuance of the E.asenient. Upland Development 15) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including 4 feet wide earthen pathways, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 16) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 17) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). General 18) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 19) No Coastal Wetlands shall be excavated or filled, even temporarily. 20) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. e�rc-ra,,; �•:+.araa-.o-r•,t�� rs�roaro-�� �.nr.�wo-»+.�{ �rar �rvaasac�o-�.:!-,r.-:wno-�:�:-.•r,-�:as-co-'�n..•�r�-�.•m�•r»�•ei•-wr,-r->cx.:-:..arr^�rr:-+-s�n:.:ao-r �-.:%.�:•�-x��o-o-rw�ryao�aar • 1 f Permit # 62-12 :!•I and VI Land Development Inc. Page 4 of 4 o ADDYGONAL C OND TIQNS k r This i ernnit does not elimi.}ate the ncedto o�a_n -,ve aC�i �o a ' *a'1k ai ^rlloc4' --en-nits. .onro.a.' s or a.utilorizaticros that may be required, includir- I ut not lirr i.e l tt: ari; �?;]' ili'e tOriT ilia Pl' managernenr approvals froi-i the N.C. Division +. �lat.r Dual: Y i eI'P: Future c.evelopmert of the permittee's property ir.��y reail re a m ifiec.io 1 oa this perlillt. Contact a representative of the Division at (252) 808-280S prior to the cornrnencemer t of any, such activity for this determination. The permittee is further advised l at many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 12 0317 which was issued on 4/19/12. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW- 2007-04091. ONTIDEWATER ASSOCIATES, INC. CEDAR POINT, NORTH CAROLINA PROJECT AND SITE INFORMATION APPLICANT'S NAME: South State Development, LLC AUTHORIZED AGENT'S NAME: Tidewater Associates, Inc. by Roy Brownlow, Environmental Specialist LOCATION OF PROJECT SITE: 300 Wetherington Landing Road, contiguous to the White Oak River Latitude:34.768498 Longitude:-77.147576 PROJECT SUMMARY: Requesting a modification of CAMA Major Permit #62-12 to eliminate one of the two previously permitted community docks, and add 16 boat slips, going from 20 approved slips to 36 slips which would provide one slip for each lot in the subdivision, and to place earthen fill in noncoastal wetlands for a residential driveway crossing. PERMIT(s) APPLYING FOR: CAMA Major Development / Dredge and Fill SITE OBSERVATION PROCEDURES: Date(s) of Site Visit: 05/31/2023; Updated Wetland Delineation Map Survey: 03/33/3033; Depth Soundings Taken: 04/18/2023 PROCESSING PROCEDURE: • Jurisdiction Determination Renewal - written concurrence by USACE via email: 04/18/2022 • NCDWR 401 Certification Pre -file date: 05/09/2022 • USFWS Letter of No Effect Determination: 05/12/2023 • CAMA Major Permit/State Dredge and Fill Application, Morehead City DCM District Office OTHER PERMITS 1 AUTHORIZATIONS: NCDEMLR Stormwater: SW8 091210 USACE: SAW 2007-04091 (Delineation updated 04/18/2022) NCDEMLR SED & EC Project ID: CARTE-202-003 CAMA Major Development Permit #62-12 SITE DESCRIPTION A. CAMA AEC(s) Involved: Coastal/Estuarine Shoreline; Public Trust Waters, Estuarine Waters, Noncoastal wetlands under Federal Jurisdiction B. Proposed Project Use: Private community residential C. Intended Land Use: Residential D. Wastewater Treatment: Onsite E. Type of Development: Existing: Minimal subdivision ground preparation; community dock access constructed Planned: 36 Lot residential subdivision with 36 slip non -transient private community dock F. Average Annual Rate of Erosion: N/A G. Total Upland Area Disturbed by Modification: 3,049 SF .07 Acre H. Primary Nursery Area: Yes I. Water Classification: SA / HQW J. Open to Shellfish Harvesting: No K. River Basin: White Oak L. Cultural Resources: None known or expected to be on or near the project area. M. USFWS Critical Habitat: Essential Fish Habitat; No effect on listed species DREDGED or FILLED: Dredged: None Filled:.07 acre (3,049 sf) noncoastal wetland. USURP OR SHADED: 17,976 sf within Estuarine Waters 604E Cedar Point Blvd. Cedar Point, NC 28594 1 (252) 898-6101 Firm License Number F-0108 I www.tidewaterenc.com ONTIDEWATER ASSOCIATES, INC. CEDAR POINT, NORTH CAROLINA PROJECT AND SITE INFORMATION (updated 06/26/2023 APPLICANT'S NAME: South State Development, LLC AUTHORIZED AGENT'S NAME: Tidewater Associates, Inc. by Roy Brownlow, Environmental Specialist LOCATION OF PROJECT SITE: 300 Wetherington Landing Road, contiguous to the White Oak River Latitude:34.768498 Longitude:-77.147576 PROJECT SUMMARY: Requesting a modification of CAMA Major Permit #62-12 to eliminate one of the two previously permitted community docks, and add 16 boat slips, going from 20 approved slips to 36 slips which would provide one slip for each lot in the subdivision, and to place earthen fill in noncoastal wetlands for a residential driveway crossing. PERMIT(s) APPLYING FOR: CAMA Major Development / Dredge and Fill SITE OBSERVATION PROCEDURES: Date(s) of Site Visit: 05/31/2023; Updated Wetland Delineation Map Survey: 03/33/3033; Depth Soundings Taken: 04/18/2023 PROCESSING PROCEDURE: • Jurisdiction Determination Renewal - written concurrence by USACE via email: 04/18/2022 • NCDWR 401 Certification Pre -file date: 05/09/2022 • USFWS Letter of No Effect Determination: 05/12/2023 • CAMA Major Permit/State Dredge and Fill Application, Morehead City DCM District Office OTHER PERMITS 1 AUTHORIZATIONS: NCDEMLR Stormwater: SW8 091210 USACE: SAW 2007-04091 (Delineation updated 04/18/2022) NCDEMLR SED & EC Project ID: CARTE-202-003 CAMA Major Development Permit #62-12 NCDWR Project ID: DWR #20120317 Version 2 SITE DESCRIPTION A. CAMA AEC(s) Involved: Coastal/Estuarine Shoreline; Public Trust Waters, Estuarine Waters, Noncoastal wetlands under Federal Jurisdiction B. Proposed Project Use: Private community residential C. Intended Land Use: Residential D. Wastewater Treatment: Onsite E. Type of Development: Existing: Minimal subdivision ground preparation; community dock access constructed. Planned: 36 Lot residential subdivision with 36 slip non -transient private community dock F. Average Annual Rate of Erosion: N/A G. Total Upland Area Disturbed by Modification: 3,049 SF .07 Acre H. Primary Nursery Area: Yes I. Water Classification: SA / HQW J. Open to Shellfish Harvesting: No K. River Basin: White Oak L. Cultural Resources: None known or expected to be on or near the project area. M. USFWS Critical Habitat: Essential Fish Habitat; No effect on listed species DREDGED or FILLED: Dredged: None Filled:.07 acre (3,049 sf) noncoastal wetland. USURP OR SHADED: 17,976 sf within Estuarine Waters 604E Cedar Point Blvd. Cedar Point, NC 28594 1 (252) 898-6101 Firm License Number F-0108 I www.tidewaterenc.com Y WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 9, 2010 James E. Maides, President M & M Land Development, Inc. 166 Center Street Jacksonville, NC 28546 Subject: State Stormwater Management Permit No. SW8 091210 Stella Landing Low Density Subdivision Permit Carteret County Dear Mr. Maides: L API Dee Freeman Secretary �, ! `f The Wilmington Regional Office received a complete Stormwater Management Permit Application for Stella Landing on December 28, 2009. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 091210, dated March 9, 2010, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements; or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either M.J. Naugle or me at (910) 796-7215. Sincerely, eor ette Scott Stormwater Supervisor Division of Water Quality GDS/mjn: S:1WQSISTORMWATERIPERMIT\091210 mar10 cc: Jason A. Houston, PE Carteret County Building Inspections NCDOT District Engineer Division of Coastal Management Wilmington Regional Office Central Files M.J.-Naugle Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One�t , Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 Nol U1Carolina Internet: www.ncwaterquality.org / � am y An Equal Opportunity 1 Affirmative Action Employer �l " 41 State Stormwater Management Systems Pi iit No.SW8 091210 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO James E. Maides and M & M Land Development, Inc. Stella Landing E. Wetherington Landing Road, NCSR 1101, Stella Carteret County FOR THE construction, operation and maintenance of a 12% low density subdivision in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter collectively and separately referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1 Each of the 33 is limited to a maximum amount of built -upon area as indicated in Section 11.10 of this permit. 2. The overall tract built -upon area percentage for the project must be maintained at 12% per the requirements of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 50-foot-wide vegetative buffer. The width of the buffer is measured horizontally from the normal pool of impounded structures, from the bank of each side of streams or rivers, and from the mean high water line of tidal waters, perpendicular to the shoreline. 5. All runoff directed into and through the vegetative buffer must flow through the buffer in a diffuse manner. All runoff directed into wetlands shall flow into and through the wetlands at a non -erosive velocity. . 6. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 7. Where the flow rate in a swale exceeds 2 fps, a mechanism to prevent erosion shall be provided at the end of the swale, prior to discharging into the 50 foot buffer, surface waters or wetlands. Page 2of5 State Stormwater Management Systems Permit No.SW8 091210 II. SCHEDULE OF COMPLIANCE 1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Maintenance of flow diffusion devices in accordance with approved plans and O&M. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 6. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 7. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built - upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner, provided that the permittee complies with the requirements of Section 11.10 and 11.11 of this permit. 8 Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 9. If the permittee sets up an Architectural Review Committee or Board or similar structure, to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the Committee or Board do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 5 State Stormwater Management Systems F nit No.SW8 091210 ` 10. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 091210, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater. Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. g. The maximum built -upon area per lot is listed: LOT # BUA (sq. ft.) 1 — 3, 8 — 18, 22 — 27, 30 — 33 3,115 4, 6, 7, 19, 20, 21, 28 3,635 5,29 4,100 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. For those lots within the CAMA Area of Environmental Concern, where DCM calculates a different maximum lot built -upon area, the governing maximum lot BUA shall be the more restrictive of the two amounts. i. Each lot will maintain a minimum 50 foot wide vegetated buffer adjacent impounded structures, rivers and streams, and tidal waters. j. All roof drains shall terminate at least 50 feet from the normal pool of impounded structures, the bank of each side of rivers and streams, and the mean high water line of tidal waters. 11. The permittee shall submit a copy of the recorded deed restrictions, which contain all of the above statements, within 30 days of the date of recording. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. All stormwater conveyances will be located in either a dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 14. Prior to the development of any future area or additional phase noted on the approved plans that has a BUA allocation, a permit modification must be submitted to and approved by the Division. The modification must demonstrate that the built -upon area does not exceed the maximum amount permitted under this permit and that it meets the intent of low density development per the stormwater rules and available guidance. Page 4 of 5 State Stormwater Management Systems Permit No.SW8 091210 III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until modified, revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re - issuance of the permit to change the name and incorporate such other requirements as may be necessary. A completed Name/Ownership Change Form, signed by both parties involved, must be submitted to the Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Neither the sale of the project nor the transfer of common area to a third party constitutes an approved transfer of the stormwater permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and its components. 9. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 10. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit issued this the ninth day of March 2010. N TH CAROLINA EENNVIR NMENTAL MANAGEMENT COMMISSION ------------------- for Colee Sullins Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 5 *1, Date Received 69..E . VQ USE ONLY Fee Paid Permit Number II e2 Applicable Rules: ❑ Coastal SW -1995 X Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW%ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INPORMATTON 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Stella Landing 2. Location of Project (street address): Acreage on E. Wetherington. Landing Road NCSR 1101 City: Stella County: Carteret Zip: 28582 3. Directions to project (from nearest major intersection): Project entrance located 1150 LF East of the intersection of Stella Road NCSR 1100 and Wetherin ton Landing Road (NCSR 1101 ) 4. Latitude: 34' 46' 30" N Longitude: 770 8' 48" W of the main entrance to the project. 1. a. Specify whether project is (check one): ®New ❑Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* provide a designer's certification 2. Specify the type of project (check one): ®Low Density ❑High Density []Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ®CAMA Major ®Sedimentation/Erosion Control: ❑NPDES Industrial Stormwater 0404/401 Permit: Proposed Impacts ac of Disturbed Area b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: Form SWU-101 Version 077uly2009 Page 1 of 6 III. CONTACT INFORMATION 1. a. Print Applicant / Sign, v Official's name and title (specifically the c. - v eloper, property owner, lessee, designated government official, individual, etc. who owns the r 'ect): Applicant/Organization: M & M Land Development Inc. Signing Official & Title: lames E. Maides, President _ b. Contact information for person listed in item 1a above: Street Address: 166 Center Street City: 1 acksonville Mailing Address (ifapplicable): 166 Center Street State: NC Zip: 28546 City: Jacksonville _ State: NC Zip: 28546 Phone: ( 910 ) 938-5900 Email: iamesmaides@csbenc.com Fax: ( 910 ) 938-5905 c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: b. Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: ( ] Email: State: State: Fax: Zip: Zip: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Parker & Associates Inc. Signing Official & Title: Jonathan L. McDaniel E.I. b. Contact information for person listed in item 3a above: Mailing Address: 306 New Bridge Street City: Jacksonville _ Phone: ( 910 ) 455-2414 Email: paitext@bizec.rr.com 4. Local jurisdiction for building permits: Point of State: NC Zip Fax: 910 455-3441 Phone #: 28540 Form SWU-101 Version 07July2009 Page 2 of 6 IV. PROJECT INFORMATION In the space provided below, hrLei�y summarize how the stormwater runoff wuf be treated. Stormwater treatment is provided under the low density option of the Coastal Stormwater Rules. Roadside ditching is provided as a low -impact development methodology instead of curb and gutter. Ditches allow sheet flow rather than concentrated flow from impervious surfaces. Shallow. 5:1 swales_ transfer flow from ditches to wetlands at non -erosive velocities. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date:- b. Identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph H - Post Construction 3. Stormwater runoff from this project drains to the White Oak River basin. 4. Total Property Area: 133.13 acres 5. Total Coastal Wetlands Area: 102.85 acres 6. Total Surface Water Area: 0.00 acres Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: 30.28 acres + Total project area shall be calculated to exclude the following.- the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Hi h Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (gcrMHW) line. The resultantproJectarea is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line maybe included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 12.0 % 9. How many drainage areas does the project have? 1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. hr _)ervious"' Surface Area I Drainage Areal Drainage Area _ Drainage Area _ Drainage Area_ On -site Buildings/Lots (sf) 108,405 On -site Streets (sf) 45,877 On -site Parking (sf) 0 On -site Sidewalks (sf) p Other on -site (sf) 4,000 Future (sf) 0 Off -site (sf) 0 Existing BUA*** (sf) 0 Total (sf): f 158,282 1 Stream Class and IndexNumber can be determined at.• http://h2o.enr.state.nc. us/buns/reports/reportsWBhfml Form SWU-101 Version 07July2009 Page 3 of 6 Impervious area is defined as the built upon area including but n-)tlimited to, buildings, roads, parking areas sidewalks, g. 1 areas, etc. ***Report only that am,,Lmt of existing-BUA that will remain after aevelopment. Do not report any existing BUA tha t is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. By comguter-aided drafting (CAD) methods Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://h2o.enr.state.nc.us/su/bmp forms.htin. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available ftomhttp://h2o.enr.state.nc.us/su/bpnp-forms.htm. The complete application package should be submittal to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http://h2o.enr.state.nc.us/su/msi_maps.htm.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://h2oo.enr.state.nc.us/su/bmp_forms.htm. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. �'r 2. Original and one copy, of the signed and notarized Deed Restrictions & Protective Covenants Cam? Form. (if required as per Part VUbelow) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to G hft://www.envhelp.org/pages/onestopTxpress.htTnl for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the L 0/ receiving stream drains to class SA waters within Vz mile of the site boundary, include the 1/z mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: 107 a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. ® Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. Form SWU-101 Version 07Ju1y2009 Page 4 of 6 o. Drainage areas delineated (iry ' ded in the main set of plans, not as a sepa* -`e document). p. Vegetated buffers (where re4 d). �. .9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 7967378.) 10. A copy of the most current property deed. Deed book: 1226 Page No: 400 11. For corporations and limited liability corporations (LLQ: Provide documentation from the NC V Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http:/ wwwsecreta state.nc.us/Cor�+orations/CSearch.as x For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http:i/h2o.enr.state.nc.us/sulmp forms.htm#deed_ restrictions. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATTON AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: Jason A. Houston, PE Consulting Firm: Parker & Associates: Inc. Mailing Address: 306 New Bridge Street City: facksonville Phone: 910 ] 455-2414 Email: paitext@bizec.rr.com State: NC Zip: 28541-0976 Fax: ( 910 455-3441 M PROPERTY OWNER AUTHORIZATION (if Contact Irztormation, item 2has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type name ofperson listed in Contact Information, item 1a) with (print or type name of organization listed in Contactlnformation, item IN to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Forrn SWU-101 Version Muly2009 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by rr- signature below, that if my designated agent (entity listed in Cont Information, item 1) dissolves their coml , and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the OWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: I, a Notary Public for the State of . do hereby certify that before me this day of County of personally appeared . and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires. X. APPLICANT'S CERTIFICATION I, (print or type name ofperson listed in Contact Information, item 2) fames E. Maides! President certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAkC 2H .1000, SL 2006-246 (Ph. II — Post Construction) or SL 2008-211. Signature: a Notary Public for the State of do hereby certify that before me this — day of Date: sllz� County of personally appeared and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, CO `r Notary Public e Onslow County My CoMmtssion Expires; 0710612013 rif t �CP'?-O, SEAL My commission expires Form SWU-101 Version 07Ju1y2009 Page 6 of 6 {* 1 Perr. No.f<_� f% (to be provided by DWQ) 'x? " - State of North Carolina I E C 2 004 Department of Environment and. Natural Resources Di visf VA1 t aon o a er Qttahty ATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT Thus form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in Session Law 2008-211, 15A NCAC 2H. 1000, Session Law 2006-246, and the DWQ BMP Manual. Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g). I. PROJECT INFORMATION FORMATION Project Name : Stella Landing Contact Person: James E. Maides Phone Number: 9� 10 ) 938-5905 Number of Lots: 33 Allowable Built Upon Area (BUA) Per Lot*: See Attachment A Number of Dwelling Units Per Acre**: N/A BUA Allocation Chart Low Density Development (check one): ® without curb & gutter ❑ with curb & gutter, outlets to (check one): ❑ Swales ❑ Vegetated Area *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. BUA shall be shown in units of square feet. **(Phase H Post -Construction (non -SA) only) II. BUILT UPON AREA Refer to DWQ's forms and applications website for specific language that must be recorded in the deed restrictions for all subdivided projects. (http://h2o.enr.state.nc.us/su/bmp_forms,htm) Complete the following calculation in the space provided below where: ® SA Site Area - the total project area above Mean High Water. ® DF Density Factor - the appropriate percent built upon area divided by 100. ® RA Road Area - the total impervious surface occupied by roadways. ® OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. ® No. of Lots - the total number of lots in the subdivision. ® BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. ® Total allowable lot BUA - the computed allowable built upon area for all lots combined. Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 5 • Total BUA from lot listi the sum of built upon area allocated each lot on the list of non -uniform lots. Calculation: For uniform lot sizes: (SA: ft2 x DF: - RA: ft2)- (OA: ft2)= BUA per Lot = ft2 (No of Lots: ) For non -uniform lot sizes: a. (SA: 1318997 ft2 x DF: 0.12) - (RA: 45877 ft2) - (OA: 4000 ft2) = Total allowable lot BUA = 108405 ft2 *See Attachment A b. Total BUA from lot listing: sf. b must be Sz BUA Allocation Chart III. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual or at http://hdse.nws.noaa. govlhdsc/pfds/ Table 1. Swale deli" information hated on the 10-venr ctnrm Swale No. Drainage Area (ac) Impervious Area (ac) Grassed Area (ac) C Q cfs Slope M Valtow (fps) Vactual (fps) Flow Depth ft) 1 1.91 0.48 1.43 0.4 5.48 0.72 5 1.25 0.94 2 3.78 0.94 2.84 0.4 8.42 0.42 5 1.14 1.22 3 3.20 0.80 2.40 1 0.4 8.54 0.48 5 1.20 1.19 4 1.72 0.43 1.29 0.4 4.93 0.60 5 1.14 1.14 5 6 7 8 9 10 f 11 12 13 l +_ 15 16 17 18 19 20 Form SW401-Low Density-Rev.3-2J10/09 Page 2 of 5 IV. REQUIRED ITEMS CHECk ST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 2H .1000, NCDENR BAP Manual (2007), Session Law 2006-246, and Session Law 2008-211. Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met then justification must be attached. Only complete items n through p for projects with curb outlets. Page/Plan Initials Sheet No. see a. ' For projects in the 20 coastal counties: Per NCAC 2H.1005, a 50 foot wide vegetative buffer rarratiw is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative N/A b. T N/A c. t {.' fcmn d. attacbed fcnn attad-ede. N/A f. _ g. - — h. --� i. 4 elm, j. :2, 3 k. buffer adjacent surface waters is provided. For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer is provided adjacent to surface waters. For Phase II Post -Construction projects: All built upon area is located at least 30 feet landward of all perennial and intermittent surface waters. Deed restriction language as required on form SWOT-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to the sale of any lots. Built upon area calculations are provided for the overall project and all lots. Project conforms to low density requirements within the ORW AEC. (if applicable per 15A NCAC 2H .1007) Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales. Longitudinal slope of swales is no greater than 5%; for non -curb outlet projects, calculations for shear stress and velocity are provided if slope is greater than 5%. At a minimum, swales are designed to carry the 10 year storm velocity at a non -erosive rate. Swales discharging to wetlands are designed to flow into and through the wetlands at a non - erosive velocity (for this flow requirement into wetlands, non -erosive is velocity <2 ft/s). Swale detail and permanent vegetation is specified on the plans. 2, 3 1. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover. 2 in. Swales are located in recorded drainage easements. N/A n." Length of swale or vegetated area is at least 100 feet for each curb outlet. N/A o." The system takes into account the run-off at ultimate built -out potential from all surfaces draining to the system (delineate drainage area for each swale). N/A p. t' Curb outlets direct flow to a swale or vegetated area. r Projects in the Neuse, Tar -Pamlico, Catawba River basins, and Randleman Lake may require additional buffers. tt Only complete these items for projects with curb outlets. Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 4 V. SWALE SYSTEM M. 4TENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed si niches at any time; and grass will not be mowed too close to the ground or "scalped". 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: James E. Maides. President Address: 166 Center Street Phone: 910 93 -5900 Date:] Signature: Note: The legalre4onsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. do hereby certify that day of Witness my hand and official seal, Notary signature sip. V.�Kr`Sf�.�. r � i _= T Notary PublIC kow County B My Cornm,smon EMIT% f 0710612013 Psr 0 ����ir?TH a Notary Public for the State of County of personally appeared before me this and acknowledge the due execution of the forgoing swale maintenance requirements. My commission expires Form SW401-Low Density-Rev.3-2/10/09 Page 4 of 4 OF y10A 7E 1 STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be completely filled out, printed and submitted. DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)! I. -'PROJECT INFORMATION Project name Contact name Phone number Date Drainage area number Stella Landing Jonathan L. McDaniel, El (910)455-2414 December 14, 2009 Level Spreader at Swale 1-1 IN. ➢ESIGN:INFQRMATION For Level Spreaders Receiving Flow From a BMP Type of BMP Grass Swale Drawdown flow from the BMP 5.48 cfs For Level Spreaders Receiving Flow from the Drainage Area Drainage area Impervious surface area Percent impervious Rational C coefficient Peak flow from the 1 in/hr storm Time of concentration Rainfall intensity, 10-yr storm Peak flow from the 10-yr storm Where Does the Level Spreader Discharge? To a grassed bioretention cell? To a mulched bioretention cell? To a wetland? To a filter strip or riparian buffer? Other (specify) Filter Strip or Riparian Buffer Characterization (if applicable) Width of grass Width of dense ground cover Width of wooded vegetation Total width Elevation at downslope base of level lip Elevation at top of bank of the receiving water Slope (from level lip to to top of bank) Are any draws present? Level Spreader Design Forebay surface area Feet of level lip needed per cfs Answer "Y" to one of the following: Length based on the 1 inlhr storm? Length based on the 10-yr storm? Length based on the BMP discharge rate? Design flow cfs min in/hr cfs N (Y or N) N (Y or N) N (Y or N) Y (Y or N) 50.00 ft 0.00 ft 0.00 ft 50.00 ft 4.50 2.50 _fmsl fmsl 4.00 % N (Y or N) sq ft 13 ft/cfs N (Y or N) Y (Y or N) Y (Y or N) 5.48 cis Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Please complete filter strip characterization below. OK BY - OK No forebay is needed. Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 1 of 2 Is a bypass device provided? Length of the level lip Are level spreaders in series? Bypass Channel Design (if applicable) Does the bypass discharge through a wetland? Does the channel enter the stream at an angle? Dimensions of the channel (see diagram below): M B W y Peak velocity in the channel during the 10-yr storm Channel lining material 1 M ly b B N (Y or N) A bypas ;e is not needed. 72.00 ft #VALUE! N (Y or N) (Y or N) Do not complete this section of the worksheet. (Y or N) Do not complete this section of the worksheet. Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ds Do not complete this section of the worksheet. Do not complete this section of the worksheet. 1 M Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev-5 Parts I. and II. Design Summary, page 2 of 2 G- ej ICDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be completely filled out, printed and submitted. DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)I 'R�.f6CT INFORMATION Project name Stella Landing Contact name Jonathan L. McDaniel, El Phone number (910) 455-2414 Date December 14, 2009 Drainage area number Level Spreader at Swale 2-2 ll.„DES1GN)NFORM,R'fION . ; For Level Spreaders Receiving Flow From a BMP Type of BMP Grass Swale Drawdown flow from the BMP 8.42 cfs For Level Spreaders Receiving Flow from the Drainage Area Drainage area Impervious surface area Percent impervious Rational C coefficient Peak flow from the 1 in/hr storm Time of concentration Rainfall intensity, 10-yr storm Peak flow from the 10-yr storm Where Does the Level Spreader Discharge? To a grassed bioretention cell? To a mulched bioretention cell? To a wetland? To a filter strip or riparian buffer? Other (specify) Filter Strip or Riparian Buffer Characterization (if applicable) Do not complete this section of the worksheet. ftz Do not complete this section of the worksheet. f{z Do not complete this section of the worksheet. % Do not complete this section of the worksheet. Do not complete this section of the worksheet. cfs Do not complete this section of the worksheet. min In/hr Do not complete this section of the worksheet. cfs Do not complete this section of the worksheet. N (Y or N) N (Y or N) _ N (Y or N) Y (Y or N) Please complete filter strip characterization below. Width of grass 50.00 _ ft Width of dense ground cover 0.00 ft Width of wooded vegetation 0.00 ft Total width 50.00 ft Elevation at downslope base of level lip 3.50 fmsl Elevation at top of bank of the receiving water 2.00 fmsl BY. Slope (from level lip to to top of bank) 3.00 % OK Are any draws present? N (Y or N) OK Level Spreader Design Forebay surface area sq ft No forebay is needed. Feet of level lip needed per cfs 13 ft/cfs Answer " Y' to one of the following: Length based on the 1 in/hr storm? N (Y or N) Length based on the 10-yr storm? Y (Y or N) Length based on the BMP discharge rate? Y _ (Y or N) Design flow 8.42 cfs Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts L and Il. Design Summary, page 1 of 2 Is a bypass device provided? Length of the level lip Are level spreaders in series? Bypass Channel Design (if applicable) Does the bypass discharge through a wetland? Does the channel enter the stream at an angle? Dimensions of the channel (see diagram below): M B W y Peak velocity in the channel during the 10-yr storm Channel lining material N (Y or N) A bypa, ce is not needed. 110.00 ft #VALUE! N (Y or N) (Y or N) Do not complete this section of the worksheet. (Y or N) Do not complete this section of the worksheet. Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ds Do not complete this section of the worksheet. Do not complete this section of the worksheet. Y v r d B �I M Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev-5 Parts L and II. Design Summary, page 2 of 2 _::511111661l /z _117- p4 WATER 3i S y WDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be completely filled out, printed and submitted. DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)I 1. -PROJECT INFORMATION Project name Stella Landing Contact name Jonathan L. McDaniel, El Phone number (910)455-2414 Date December 14, 2009 Drainage area number Level Spreader at Swale 3-3 If DESCGN:INFORMATION For Level Spreaders Receiving Flow From a BMP Type of BMP Grass Swale Drawdown flow from the BMP 8.54 CIS For Level Spreaders Receiving Flow from the Drainage Area Drainage area Impervious surface area Percent impervious Rational C coefficient Peak flow from the 1 in/hr storm Time of concentration Rainfall intensity, 10-yr storm Peak flow from the 10-yr storm Where Does the Level Spreader Discharge? To a grassed bioretention cell? To a mulched bioretention cell? To a wetland? To a filter strip or riparian buffer? Other (specify) Filter Strip or Riparian Buffer Characterization (if applicable) Width of grass Width of dense ground cover Width of wooded vegetation Total width Elevation at downslope base of level lip Elevation at top of bank of the receiving water Slope (from level lip to to top of bank) Are any draws present? Level Spreader Design Forebay surface area Feet of level lip needed per afs Answer "Y" to one of the following: Length based on the 1 in/hr storm? Length based on the 10-yr storm? Length based on the BMP discharge rate? Design flow Do not complete this section of the worksheet. fill Do not complete this section of the worksheet. fill Do not complete this section of the worksheet. % Do not complete this section of the worksheet. Do not complete this section of the worksheet. cfs Do not complete this section of the worksheet. min in/hr Do not complete this section of the worksheet. CIS Do not complete this section of the worksheet. N (Y or N) N (Y or N) N (Y or N) Y (Y or N) Please complete filter strip characterization below. 50.00 ft , 0.00 ft 0.00 ft 50.00 ft ! 3.00 fmsl 2.50 fmsl 1.00 % OK - -• N (Y or N) OK sq ft No forebay is needed. 13 fticfs N (Y or N) Y (Y or N) Y (Y or N) 8.54 cis Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 1 of 2 Is a bypass device provided? Length of the level lip Are level spreaders in series? Bypass Channel Design (if applicable) Does the bypass discharge through a wetland? Does the channel enter the stream at an angle? Dimensions of the channel (see diagram below): M B W y Peak velocity in the channel during the 10-yr storm Channel lining material 1 M N 112.00 (Y or N) A bypas :e is not needed. ft (Y or N) #VALUE! (Y or N) Do not complete this section of the worksheet. (Y or N) Do not complete this section of the worksheet. Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. cfs Do not complete this section of the worksheet. Do not complete this section of the worksheet. �1 M Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and Il. Design Summary, page 2 of 2 klCDEWt Itiy�GN�� STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be completely filled out, printed and submitted. DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)l �i: PRaECTINFO._RMATION Project name Contact name Phone number Date Drainage area number Stella Landing Jonathan L. McDaniel, El (910)455-2414 December 14, 2009 Level Spreader at Swale 4-4 I! 'DCsIGN 1l�FORMATION For Level Spreaders Receiving Flow From a BMP Type of BMP Grass Swale Drawdown flow from the BMP 4.93 cfs For Level Spreaders Receiving Flow from the Drainage Area Drainage area Impervious surface area Percent impervious Rational C coefficient Peak flow from the 1 in/hr storm Time of concentration Rainfall intensity, 10-yr storm Peak flow from the 10-yr storm Where Does the Level Spreader Discharge? To a grassed bioretention cell? To a mulched bioretention cell? To a wetland? To a filter strip or riparian buffer? Other (specify) Filter Strip or Riparian Buffer Characterization (if applicable) Width of grass Width of dense ground cover Width of wooded vegetation Total width Elevation at downslope base of level lip Elevation at top of bank of the receiving water Slope (from level lip to to top of bank) Are any draws present? Level Spreader Design Forebay surface area Feet of level lip needed per cis Answer "Y" to one of the following: Length based on the 1 in/hr storm? Length based on the 10-yr storm? Length based on the BMP discharge rate? Design flow Do not complete this section of the worksheet. ftz Do not complete this section of the worksheet. f(z Do not complete this section of the worksheet. % Do not complete this section of the worksheet. Do not complete this section of the worksheet. ds Do not complete this section of the worksheet. min in/hr Do not complete this section of the worksheet. cfs Do not complete this section of the worksheet. N _ (Y or N) N (Y or N) N (Y or N) Y (Y or N) Please complete filter strip characterization below. 50.00 ft 0.00 ft _ 0.00 ft 50.00 It 5,00 fmsl 3.00 fmsl 4.00 % OK N (Y or N) OK sq ft 13 ft/cfs N (Y or N) Y (Y or N) Y (Y or N) 4.93 cis No forebay is needed. Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and ll. Design Summary, page 1 of2 Is a bypass device provided? Length of the level lip Are level spreaders in series? Bypass Channel Design (if applicable) Does the bypass discharge through a wetland? Does the channel enter the stream at an angle? Dimensions of the channel (see diagram below): M B W y Peak velocity in the channel during the 10-yr storm Channel lining material W If !Y M N (Y or N) A bypar ce is not needed. 65.00 ft #VALUE! N (Y or N) (Y or N) Do not complete this section of the worksheet. (Y or N) Do not complete this section of the worksheet. Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. ft Do not complete this section of the worksheet. I Do not complete this section of the worksheet. cis Do not complete this section of the worksheet. Do not complete this section of the worksheet M Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev-5 Parts I. and II. Design Summary, page 2 of 2 Permit NO ;r: �`c 1Jj���111� (to be provided by DWQ) Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. — Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. — Once a year, the soil will be aerated if necessary. — Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate the problem The entire filter strip Trash/debris is present. Remove the trash/debris. system The flow splitter device (if applicable) The flow sputter device is clogged. Unclog the conveyance and dispose of any sediment off -site. The flow sputter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The swale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it off -site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and water bypassed it. until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo e of the level li . The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of if applicable). a proximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer aREfication. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SA U401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 Permit Number: p (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: Stella Landing BMP drainage area number:Level Spreader at Swale 1-1 Print name:James E. Maides of M & M Land Development, Inc. Title:President Address:166 Center Street. Jacksonville NC 28546 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have, been sold and a resident of the subdivision has been named the president. I, kA cam(, pte'ye& ��5 , a Notary Public for the State of &" Ju ' County of GJ , do hereby certify that personally appeared before me this P7 day of DuLvyi />w 2D11 and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, MOO My commission expires / )' Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 Permit Nut r. (to be provided by DWQ) Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. — Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. — Once a year, the soil will be aerated if necessary. — Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential roblem: How I will remediate the roblem: The entire filter strip Trash/debris is present. Remove the trash/debris. I' The flow splitter device The flow sputter device is Unclog the conveyance and dispose (if applicable) clogged. of anv sediment off -site. The flow sputter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The Swale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it off -site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and water bypassed it. until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo a of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of if applicable). a > roximatel 7 three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer a2phcation. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 Permit Number: r (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Stella Landing BMP drainage area number:Level Spreader at Swale 2-2 Print name:James E. Maides of M & M Land Development. Inc. Title:President Address:166 Center Street Jacksonville NC 28546 Signature::°f�i-- Date: 2 0 2 �l Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I , a Notary Public for the State of County of 117;51a j , do hereby certify that MJJ A_eS personally appeared before me this ! 7 day of DIMI , IDyW , 01 and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, SEAL My commission expires I — a 7- J Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 Permit Nil (to be provided by DWQ) Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. — Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf_ grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. — Once a year, the soil will be aerated if necessary. — Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire filter strip Trash/debris is present. Remove the trash/debris. system The flow sputter device is clogged. The flow splitter device (if applicable) Unclog the conveyance and dispose of any sediment off -site. The flow splitter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potentialproblem: How I will remediate theproblem: The swale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it off -site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and water bypassed it. until it is established. Provide lime and a one-time fertilizer apj2hcation. Trees or shrubs have begun Remove them. to grow on the swale or just downslo a of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of if apjdh able). approximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established.. Provide lime and a one-time fertilizer application. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 Permit Number: p (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:Stella Landing BMP drainage area number:Level Spreader at Swale 3-3 Print name:James E. Maides of M & M Land Development, Inc. Title:President Address:166 Center Street Jacksonville NC 28546 Phone:(910,�JQ 8-5900 Signature: 4 Z Date: - ' l e- - " Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, Iec "-6rL P1 e°VCe_ 6DI 05 , a Notary Public for the State of ! V� 6P41/,+'a, County of _ b 1751' d , do hereby certify that _JalwC� 1 %i7 LUGt �S personally appeared before me this % 7 day of _ UJV b.(-r 2lODOI , and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, SEAL My commission expires /-- .27- IV Form S)W401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 Permit Ni er:�G� (to be provided by DWQ) Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. — Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. — Once a year, the soil will be aerated if necessary. — Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire filter strip Trash/debris is present. Remove the trash/debris. system The flow splitter device (if applicable) The flow splitter device is clogged. Unclog the conveyance and dispose of an ° sediment off -site. The flow sputter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU441-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element Potentialproblem: How I will remediate theproblem: The Swale and the level The swale is clogged with Remove the sediment and dispose of lip sediment. it off -site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and water bypassed it. until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo e of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of (if applicable). approximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer a2plication. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. if pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: Stella BMP drainage area number:Level Spreader at Swale 4-4 Print name:James E. Maides of M & M Land Development, Inc. Title: President Address:166 Center Street, Jacksonville NC 28546 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of y of �rxx � � � Count ,_ �� , do hereby certify that C �-XA -k(Acs personally appeared before me this day of 9 eC."fv6X d C e-ti` , and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, j V. Notary Public = Onstow County My Commission Expires 07/06/2013 sr 0 SEAL My commission expires Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 Lov. ,ensitr, _Residential Subdivisions, Deed Restrictions & Protective- Covenances -... '7 _. In accordance with Title 15 NCAC 2H.1000, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, .Tames E. Maides acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for Stella Landinz, prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number_�� t-2 as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. (See Att1t. A - j, ,ALja:at;M Qwt) S. The maximum allowable built -upon area per lot is * square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. 9. Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof dr- ins shall terminates at lea -t 30 foot from the mean high water mark of surface waters. Signatur Lf _ Date: 414> 9 a Notary Public in the V State of _, County of -- do hereby certify that personally appeared before me this the _ day of , 20 �..,_' i , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, : }:_y lti�4pt►Ittttt��rFl Signature O� Notary Pubddo �r My Commission expires onstovvcount, - �V commission s:xplres a 07/06/2013 %� g Form DRPC-5 Rev.I Page 1 of 1 CAl2C I���ftltlllfllN���\, Attachment A STELLA LANDING BUA Allocation Chart Lot# BUA (sq.ft.) 1 3,115 2 3,115 3 3,115 4 3,635 5 4,100 6 3,635 7 3,635 8 3,115 9 3,115 10 3,115 11 3,115 12 3,115 13 3,115 14 3,115 15 3,115 16 3,115 17 3,115 18 3,115 19 3,635 20 3,635 21 3,635 22 3,115 23 3,115 24 3,115 25 3,115 26 3,115 27 3,115 28 3,635 29 4,100 30 3,115 31 3,115 32 3,115 33 3,115 Lot BUA sq.ft. = 108,405 Road sq.ft. = 45,877 Dock path sq.ft. = 4,000 Total BUA sq.ft. = 158,282 Total BUA 158,282 sq.ft. = 12.0 % Project Area 1,318,997 sq.ft. 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P Z y O R. ' N ._ A a 0 A eRf x IG L4 r X p v tP 1 V Q 0 C+ o- a-O m x o-Q-a's f uQi to N c � N -Ph 00 Ci - iu C O ��4 m PC CA &J Ea(D : ±y& ~ rD \\ \\ i/Tww \;2( x 2/« & m® —\(}j[ \®\\ no !§2{&}(j \\ \j\ kW ; of k\/ ƒ \\ % �� y Ln }\ ] � \ \] )®§ \[ — y2 3 _/ ID [] \< \ \0, )) \ \ ( \ }■ & } & ;$ 7 / / \ ;} g / \ \\ N LM / / } ET \` \ \ ! \ \CL k / \ / § ' IIVIAI\'ll lllll. , F1'I11'II'f: IN, United States Department of the Interior ll" FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: May 12, 2023 Project code: 2023-0081392 Project Name: Stella Landing Subdivision Community Dock Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Record of project representative's no effect determination for 'Stella Landing Subdivision Community Dock' Dear Roy Brownlow: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on May 12, 2023, for 'Stella Landing Subdivision Community Dock' (here forward, Project). This project has been assigned Project Code 2023-0081392 and all future correspondence should clearly reference this number. Please carefully review this letter. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into the IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project has reached the determination of "No Effect" on the northern long-eared bat. To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may 05/12/2023 IPaC Record Locator: 440-126377595 include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no consultation with the Service is required (ESA §7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13]. Other Species and Critical Habitat that May he Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: • American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Cooley's Meadowrue Thalictrunr cooleyi Endangered • Eastern Black Rail Laterallus jarnoicensis ssp. jamaicensis Threatened • Green Sea Turtle Chelonio mydos Threatened • Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered • Leatherback Sea Turtle Dermochelys coriacea Endangered • Loggerhead Sea Turtle Coretta caretta Threatened • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • Pondberry Lindero melissifolia Endangered • Red Knot Calidris canutus rufa Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulae folia Endangered • Tricolored Bat Perimyotis sub flovus Proposed Endangered • West Indian Manatee Trichechus manatus Threatened You may coordinate with our Office to determine whether the Action may affect the animal species listed above and, if so, how they may be affected. Next Steps Based upon your IPaC submission, your project has reached the determination of "No Effect" on the northern long-eared bat. If there are no updates on listed species, no further consultation/ coordination for this project is required with respect to the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical 05/12/2023 IPaC Record Locator: 440-126377595 habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place to ensure compliance with the Act. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2023-0081392 associated with this Project. 05/12/2023 IPaC Record Locator: 440-126377595 4 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Stella Landing Subdivision Community Dock 2. Description The following description was provided for the project'Stella Landing Subdivision Community Dock': Modification to existing CAMA Major Permit #62-12, under USACE Project ID SAW 2007-04091 for a single community dock (previously) permitted as two (2) docks. The Permit Modification request is to eliminate one of the two docks for a single proposed 36-slip, private, non -transient, residential community dock with boat lifts. Applicants are also requesting to fill .07 acre, or a 152' x 20' area (3,049 square feet) of Section 404 wetlands for property access purposes and the need to be able to reasonably access the upland area within Lot 29. The approximate location of the project can be viewed in Google Maps: httos:// www.google.com/maps/034.77096525.-77.14647729720019.14z 1 i 05/12/2023 IPaC Record Locator: 440-126377595 DETERMINATION KEY RESULT Based on the information you provided, you have determined that the Proposed Action will have no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for those species. QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time -of -year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that you project may impact bats at any time during the year and time - of -year restrictions may not apply to your project? Yes 3. Do you have post -white nose syndrome occurrence data that indicates that northern long- eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 05/12/2023 IPaC Record Locator: 440-126377595 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northem-long-eared-bat-assisted-determination-key- selected-definitions Yes 05/12/2023 IPaC Record locator: 440-126377595 PROJECT QUESTIONNAIRE Will all project activities by completed by April 1, 2024? Yes 05/12/2023 IPaC Record Locator: 440-126377595 8 IPAC USER CONTACT INFORMATION Agency: Tidewater Associates Name: Roy Brownlow Address: 604 E Cedar Point Blvd City: Cedar Point State: NC zip: 28584 Email rrownlow@tidewaterenc.com Phone: 9102514049 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Liz Hair Email: sarah.e.hair@usace.army.mil Phone: 9102514049 United States Department of the Interior -/ � a FISH AND WILDLIFE SERVICE �'4acn +0'8 Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax:(919) 856-4556 In Reply Refer To: May 12, 2023 Project Code: 2023-0081392 Project Name: Stella Landing Subdivision Community Dock Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 05/12/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birdsibird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. 05/12/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Marine Mammals 05/12/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919)856-4520 05/12/2023 PROJECT SUMMARY Project Code: 2023-0081392 Project Name: Stella Landing Subdivision Community Dock Project Type: Boatlift/Boathouse/Dock/Pier/Piles - New Construction Project Description: Modification to existing CAMA Major Permit #62-12, under USACE Project ID SAW 2007-04091 for a single community dock (previously permitted as two (2) docks. The Permit Modification request is to eliminate one of the two docks for a single proposed 36-slip, private, non - transient, residential community dock with boat lifts. Project Location: The approximate location of the project can be viewed in Google Maps: httns:// www.goople.com/maps/(@34.77096525,-77.14647729720019,14z s- Counties: Carteret County, North Carolina 2 05/12/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 16 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries!, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that he wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profffe: https://ecos.fws.gov/ecp/species110515 West Indian Manatee Richechus manatus Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Acy and may have additional consultation requirements. Species profile: https://ecos.fws.gov/eep/species/4469 05/12/2023 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: htWs://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: tt s://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile: httos:Hecos.M.goy/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: httos://ecos.fws.goy/ecp/species/7614 REPTILES 4 NAME STATUS _ _ American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: httos://ecos.fws.goy/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https,Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii There is proposed critical habitat for this species. Species profile: https:Hecos fws.goy/ecp/species/5523 Endangered Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: httos•//ecos.fws goy/ecl2/"�s-pecies/i493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: httos•//ecos fws gov/ecp/species/1110 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: bUps•//ecos fws.gov/ecp/species/9743 05/12/2023 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for [his species. Species profile: haps:Hecos.fws.aov/ecp/species/3281 Pondberry Lindera melissifolia Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.goy/ecp/sl2ecies/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: hhttps://ecos.fws,gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 05/12/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act?. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliatus Breeds Apr 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https,//ecos.fws. gov/ecp/Species/8935 O5112/2023 BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black Skimmer Rynchops niger Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15 and Alaska. bttps://ecos.fws. ov/ecp/species/5234 Brown -headed Nuthatch Sitta pusillo Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Eastern Whip -poor -will Antrostomus voci ferus Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20 and Alaska. King Rail Rallus elegans Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 5 and Alaska. httns://ecos.fws.gov/ecp/species/8936 Lesser Yellowlegs Ringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9679 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions t0 Aug 15 (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Ruddy Turnstone Arenaria interpres morinella Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA 05/12/2023 3 BREEDING NAME SEASON Short -billed Dowitcher Limnodromus griseus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https,//ecos.fws.gov/ecp/species/9480 Willet Ringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska. Wood Thrush Hylocichlo mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (0) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 05/12/2023 4 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the lOkm grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC -BCR American _ FI�_I + �. I I +- I I + Oystercatcher {__I_+ I' i+— I I I I 1 I I. I I! L I— I' I L 1 F F I I I I I I BCC Rangewide (CON) Bald Eagle I I I Non -BCC �II'1'L'I!1. i�IIII FI-I L}L IliC1�l II 1���I��I Vulnerable Black Skimmer BCC Rangewide I+ I+ ­41-- 1 1+ 1++ I 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1++-I-1 +++} +-I--1 + (CON) Brown -headed Nuthatch-I--I--1--I- BCC -BCR Chimney Swift BCC Rangewide "� 4_ J_ ""� I - I I' IIII 11 I I I 1 I — 1-I IIII -f +-I + -I--I ++ (CON) Eastern Whippoor- will + ++ --I-+— +-I-++ I +-1--I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 - F+ -I-++-I- + I- __ +-I ++ BCC Rangewide (CON) King Rail BCC Rangewide I+ I+ I I—+ t I l l 11 1 1- 1 1 1 I-.__I_a_ 4_+ I+ +-I-++ -I-++-I (CON) 05/12/2023 5 Lesser Yellowlegs BCC Rangewide ++++ F I ' I I I I I + I I + I i + ++J-- +-I ++ +—+a- ++-I-+ ++-I--I- ++®a - (CON) Painted Bunting {-+++ { +— I +++ I I I I I I LP��I� I ' +++-I- ®+++ -i-+++ BCC -BCR Prairie Warbler BCC Rangewide +a --I-+ "-++— ++++-I-++i- I I I I I I I I I I I I I I I +i +++++ ++++ (CON) Prothonotary 4.1NJ �I�fy,lk,1,l Warbler ++++ i +— ++++ It ^® Fpl j tt91llaiklJtltryd +i'++ i —++ ++i + ++ I + ++}+ BCC Rangewide (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Red-headed I I III I I Woodpecker -1-m 1-+ +-I-- + I—' i IJ _JLI �JIJJu 1I III IiJ i i 'u 1] 1,11 1 +++ -I--4-+++++-1- BCC Rangewide (CON) Ruddy Tumstone +4-++ --I-+— -I-1-4-+ -I-+++ -+--t-++ +-I-+-I- -I--I-+— ++++ +--F+ +1111++-I- +-i--1-® BCC-BCR Short -billed Dowitcher I ++I ®+I—+I+i i—+++F++++I+aa�� BCC Rangewide (CON) Willer BCC Rangewide - ®++®1111 Noll 11F F -+ + I } I {-a-} {- - -i-}+ (CON) Wood Thrush BCC Rangewide-h-i-+-I- -'--I-+— i-i-a-i- -1-0-1--I� (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.pgv/propram/migratory-birds/specie • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarX collections/avoidine-and-minimizine-incidental-take-mipratorv-birds • Nationwide conservation measures for birds https://www.fws.Rov/sites/default/files/ documents/nationwide-standard-conservation-measures.odf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding 05/12/2023 in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding. and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 05/12/2023 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g, offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, 05/12/2022 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 05/12/2023 MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Actl and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. NAME West Indian Manatee Trichechus manotus Species profile: bttps•//ecos fws,gov/eco/species/4469 05/12/2023 IPAC USER CONTACT INFORMATION Agency: Tidewater Associates Name: Roy Brownlow Address: 604 E Cedar Point Blvd City: Cedar Point State: NC zip: 28584 Email rbrownlow@tidewaterenc.com Phone: 9102514049 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Liz Hair Email: sarah.e.hair@usace.army.mil Phone: 9102514049 2 N.C. DIVISION OF COASTAL MANAGEMENT Date: May 15, 2023 Name of Property Owner Applying for Permit: SOUTH STATE DEVELOPMENT, LLC Mailing Address: 121 GARNET LANE JACKSONVILLE, NC 26546 I certify that I have authorized (agent), Roy Brownlow of Tidewater Associates, Inc., to act on behalf of South State Development, LLC, for the purpose of applying for and obtaining all CAMA Permits necessary to: Apply for a CAMA Major Permit Modification for Stella Landing subdivision community docking facility reconfiguration and .07 acre wetland fill for a residential driveway crossing, at South State Development's property located at Wetherington Landing Road, Stella, Carteret County, NC. This certification is valid thru (date): May 15, 2024 Property Owner Signature: South State-Dsxelomnent, LLC Agent or Managing Member) Date: OS • I U - 8 FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC July 26, 2021 10:31:33 AM DEED # Pages: 2 Fee:$26,00 NC Revenue Stamp:$1,552.00 FILE # 1731438 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax:: $L552.00 _..._.._ Recording Time, Book and Page set forth above This instrument prepared by: Gaylor Edwards & Vatcher, P.A.,Licensed North Carolina Attorneys Tax Parcel ID No(s).: 535702672076000 Brief description for index: Tract B, 133.134 acres, Map Bk 31, Pg 261 The hereinafter described property_ does xx does not include the primary residence of Grantor. THIS DEED made this 22 day of July, 2021 by and between: GRANTOR: STELLA LANDING, LLC, a North Carolina limited liability company Mailing address: 166 Center Street Jacksonville, NC 28546 * GRANTEE: * SOUTH STATE DEVELOPMENT, LLC, a * North Carolina limited liability company * Mailing address: * 121 Garnet Lane * Jacksonville, NC 28546 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant bargain, sell, and convey unto the Grantee, in fee simple, all that/those certain tract(s), lot(s) or parcel(s) of land, situated in White Oak Township, Carteret County, North Carolina and more particularly described as follows: Being all of Tract B, containing 133.134 acres, as shown on a map entitled, 'Boundary Survey for M & M Land Development, Inc., 138.710 Acre Tract on NCSR 1101 and NCSR 1100, White Oak Township, Carteret County, North Carolina, Wetherington Landing Road and Molly Lane," prepared by Charles F. Riggs & Associates, Inc., dated June 4, 2007 and recorded in Map Book 31, Page 261, in the Office of the Register of Deeds of Carteret County, North Carolina.The aforementioned map is incorporated herein by reference for a more particular description of said property. J:kffD0CS\GEVF0RhnDEEDS1STEnA IANDING SOVG1 STATE DEW,,apd submitted electronically by "Gaylor Edwards Vatcher l.awFirm" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret county aegister of Deeds. 1731438 Together with a sixty (60) foot wide ingress, egress, regress and access easement for access to NCSR 1101 as set forth in an Extinguishanent of Existing Easement and Grant of New Easement recorded in Book 1646, Page 232, Carteret County Registry. The property herein above described was acquired, or is a portion of the property acquired, by Grantor by instrument recorded in: Book 1646, Page 91, Carteret County Registry. TO HAVE AND TO HOLD the aforesaid tract(s), lot(s) or parcel(s) of land and all privileges and appurtenances thereto belonging to the Grantee, in fee simple. THE GRANTOR COVENANTS WITH THE GRANTEE, that Grantor is seized of fee simple title to the premises, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein above described is subject to the following exceptions: Property taxes for the year 2021 and thereafter; Extinguishment of Existing Easement and Grant of New Easment recorded in Book 1646, Page 232, utility easements of record, and matters shown on any recorded map or plat of the above described property. IN WITNESS WHEREOF, the Grantor has hereto set his/her hand and seal, or if corporate or other entity, has caused this instrument to be executed by its duly authorized partner(s), manager(s) or officer(s), the day and year first above written. Stella Landing, LLC, a North Carolina limited liability company By: t Name: Danny aley ` Title: Manager STATE OF NORTH CAROLINA COUNTY OF ONSLOW I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated: Date: July ga , 2021 y ��-'O•c- Cox._, (TT �-I-a.�lo�v�C�.� (Offrciai fig atvra of Nato, �eSStCL (Notary's printed or typed narne) My commission expires) J;\WPDOCS\GEVFORM\DEEDS\STELIA LANDING SOUTH STATE DW.wpd E SICA LAWRENCE Nota►y Public North Carolina nslow Count Copy of Form DWR - Wetlands - New Project Submittal Subject: Copy of Form DWR - Wetlands - New Project Submittal From: laserfiche@ncdenr.gov Date: 5/9/2022, 4:57 PM To: rbrownlow@tidewaterenc.com Thank you! Your Pre -Application Submittal has been submitted for Stella Landing CAMA Major #62-12 Permit Modification. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. You're receiving this email because someone requested that you get a copy of this form. —Attachments: Project Submittal Interim Form.pdf i 1 of 1 5/9/2022, 5:00 PM NCG01 Notice of Intent (NOI) Certification Form Directions: Print this form, complete, scan and upload to the electronic NOI. Then, mail the original form to the NC DEMLR Stormwater Program (with $100 check if paying by check) at: Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 61, Floor (Office 640K) 1612 Mail Service Center Raleigh, NC 27699-1612 DO NOT MAIL THIS FORM OR PAYMENT UNTIL YOUR APPLICATION HAS BEEN ACCEPTED AS COMPLETE. THE FORM YOU MAIL MUST BE COMPLETED WITH AN ORIGINAL SIGNATURE (NOT DIGITAL) [40 CFR 122.22] Per NC General Statute 143-215.6E (i), any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article ... shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). Under penalty of law, I certify that (check all boxes to indicate your agreement): X I am the person responsible for the construction activities of this project, for satisfying the requirements of this permit, and for any civil or criminal penalties incurred due to violations of this permit. X The information submitted in this NOI is, to the best of my knowledge and belief, true, accurate, and complete based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. X I will abide by all conditions of the NCGO10000 General Permit and the approved Erosion and Sediment Control Plan. X If the approved Erosion and Sediment Control Plan is not compliant with Part II (Stormwater Pollution Prevention Plan) of the NCGO10000 General Permit, I will nonetheless ensure that all conditions of Part Ii of the permit are met on the project at all times. XI hereby request coverage under the NCGO10000 General Permit and understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit, Name of Project (must match Ala): Stella Landing Specific Lot Numbers (must match Alb): nsible Organizational Entitv (must match BV. South State Development, LLC Legally Responsible Person (mustmatch B2 & B3): Elijah Morton Title of Legally Responsible Person (must match B3b): Member Name & Title of Signed if Authorized Individual Differs from Legally Responsible Person: Phone Number: 910-548-7575 of Legally Responsible Person or Authorized Individual I%2 ! Date * IMPORTANT ]VOTE: This form must be signed by a responsible corporate officer that owns or operates the construction activity, such as a president, secretary, treasurer, or vice president, or a manager that is authorized in accordance with Part IV, Section B, Item (5) of the NCG010000 permit. NCGO1 Notice of Intent (NOI) Certification Form Directions: Print this form, complete, scan and upload to the electronic NOI. Then, mail the original form to the NC DEMLR Stormwater Program (with $100 check if paying by check) at: Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 6t^ Floor (Office 640K) 1612 Mail Service Center Raleigh, NC 27699-1612 DO NOT MAIL THIS FORM OR PAYMENT UNTIL YOUR APPLICATION HAS BEEN ACCEPTED AS COMPLETE. THE FORM YOU MAIL MUST BE COMPLETED WITH AN ORIGINAL SIGNATURE (NOT DIGITAL) [40 CFR 122.221 Per NC General Statute 143-215.6E (i), any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article ... shall be guilty of a Class 2 misdemeanor which may Include a fine not to exceed ten thousand dollars ($10,000). Under penalty of law, I certify that (check all boxes to indicate your agreement): X I am the person responsible for the construction activities of this project, for satisfying the requirements of this permit, and for any civil or criminal penalties incurred due to violations of this permit. X The information submitted in this NOI is, to the best of my knowledge and belief, true, accurate, and complete based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. X I will abide by all conditions of the NCG010000 General Permit and the approved Erosion and Sediment Control Plan. X If the approved Erosion and Sediment Control Plan is not compliant with Part II (Stormwater Pollution Prevention Plan) of the NCG010000 General Permit. I will nonetheless ensure that all conditions of Part II of the permit are met on the project at all times. X I hereby request coverage under the NCGO10000 General Permit and understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. Name of Project (must match Ala): Stella Landing Specific Lot Numbers (must match Alb): Legally Responsible Organizational Entity (mustmatch Ell): South State Development, LLC Legally Responsible Person (must match B2 & B3): Elijah Morton Title of Legally Responsible Person (must match B3b): Member Name &Title of Signed if Authorized Individual Differs from Legally Responsible Person: Phone Number: 910-548-7575 Legally Responsible Person or Authorized Individual W-244 ► Date IMPORTANT NOTE: This form must be signed by a responsible corporate officer that owns or operates the construction activity, such as a president, secretary, treasurer, or vice president, or a manager that Is authorized in accordance with Part IV, Section B, Item (6) of the NCG010000 permit. (f � *_.- United States Department of the Interior FISH AND WILDLIFE SERVICE 0'R Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0081392 Project Name: Stella Landing Subdivision Community Dock May 12, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 05/12/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.govibirds/policies-and-regulations/ executive-orders/e0-13186.php. 05/12/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List • Migratory Birds ■ Marine Mammals 05/12/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 05/12/2023 ON PROJECT SUMMARY Project Code: 2023-0081392 Project Name: Stella Landing Subdivision Community Dock Project Type: Boatlift/Boathouse/Dock/Pier/Piles - New Construction Project Description: Modification to existing CAMA Major Permit #62-12, under USACE Project ID SAW 2007-04091 for a single community dock (previously permitted as two (2) docks. The Permit Modification request is to eliminate one of the two docks for a single proposed 36-slip, private, non - transient, residential community dock with boat lifts. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/034.77096525,-77.14647729720019,14z Counties: Carteret County, North Carolina 05/12/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 16 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https:Hecos.fws.gov/ecp/species/4469 STATUS Endangered Proposed Endangered Threatened 05/12/2023 4 NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate 05/12/2023 5 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Pondberry Lindera melissi folia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 05/12/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (SCRs) in the continental USA htWs:Hecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliatus Breeds Apr 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. htWs:Hecos.fws.gov/ecp/species/8935 05/12/2023 2 NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black Skimmer Rynchops niger Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15 and Alaska. hlWs:Hecos.fws.gov/ecp/species/5234 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (SCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20 and Alaska. King Rail Rallus elegans Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 5 and Alaska. hqps:Hecos.fws.gov/ecp/species/8936 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. htWs:Hecos.fws.gov/ecp/species/9679 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Ruddy Turnstone Arenaria interpres morinella Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA 05/12/2023 3 NAME Short -billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Willet Tringa semipalmata This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. PROBABILITY OF PRESENCE SUMMARY BREEDING SEASON Breeds elsewhere Breeds Apr 20 to Aug 5 Breeds May 10 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 05/12/2023 4 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel '+" ++— ++++ �+++ ++++ ++++ ++++ +—++ ++++'+++ ++'+ BCC - BCR MEE WaMM MMM= J ..a American I Oystercatcher I I I I I —1+1+ 11+1111111111111 f++1 +—++ 1111 Jill 4­111. BCC Rangewide (CON) Bald Eagle nB bye Jill 111F Jill 1+i+1111 F-91++—+all7111IIPI Jill 1111 Black Skimmer BCC Rangewide ++++ ++++ ++++ ++ ++++ +—++ +++' ++++ ++++ (CON) JOEL Brown-headed Nuthatch ON ON NO i"' Fl— +"' ,—+' +"+'+++ ++++ BCC -BCR Chimney Swift BCC Rangewide +'�++ +'+, ++" +,+1 ,++— ++11 +—++ ++++ ++++ ++++ (CON) it ���� ���� ME■ WMMM ■■ Eastern Whip -poor - Will ++++ ++++ 1111111111111114- +—++ ++++ ++++ ++++ BCC Rangewide (CON) King Rail ++++ BCC Rangewide ++— ++++'+++ IT ++++ ++++ ++++ (CON) 05/12/2023 5 Lesser Yellowlegs BCC Rangewide ++++ +++— ++++ +—++ ++++ ++++ ++'+ (CON) Painted Bunting ++++ ++— ++++ +++"o'""' ++1— +"+ +—++ ++++'+++ ++++ BCC -BCR Prairie Warbler ++++ BCC Rangewide ++— ++++ ++++ Jill POO JOIN ++'+'—++ ++++ ++++ ++++ (CON) M mmmm mmmm Prothonotary Warbler Jill III I Jill 1111 ++++ ++++ ++++ +—++ ++++ ++++ ++++ BCC Rangewide (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Red-headed ' ' " "' Jill , '— loll , Woodpecker + ++++— +++ + + ++—� ++++ ++++ ++++ BCC Rangewide (CON) Ruddy Turnstone ++++++— ++++ ++++ ++++ ++++ +++— ++++ +—++ +Jill BCC -BCR Short -billed ++++ ++++ ,++— ++++ +—++ ++++ ++++ ++'+ Dowitcher ++++ ++++ ++++ BCC Rangewide (CON) C BC Rangewide 1++ 1'11, + 1'1111�- Jill J++4. BCC + + +++ +—+++++ +++ + (CON) MM wo V M==1d Wood Thrush BCC Rangewide ++++ ++— ++++ +'++ +•�� 1 Jill 1111 +—'+ ++++ ++++ ++++ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarT�/ collections/avoidinu-and-minimizinv--incidental-take-migratorv-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding 05/12/2023 in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 05/12/2023 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, 05/12/2023 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 05/12/2023 MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act! and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 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