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
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„ 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
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Your item has been delivered to an agent for final delivery in CHERRY POINT, NC 28533 on July 26, 2022
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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.
Page 1
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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
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(Offrciai fig atvra of Nato,
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My commission expires)
J;\WPDOCS\GEVFORM\DEEDS\STELIA LANDING SOUTH STATE DW.wpd
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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
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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);
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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,
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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.
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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.
NAME
West Indian Manatee Trichechus manatus
Species profile: https:Hecos.fws.gov/ecp/species/4469
05/12/2023
oil
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
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