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HomeMy WebLinkAbout20072046 Ver 1_More Info Received_20080610June 6, 2008 TO: Mr. Chad Coburn NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 i JUN 1 0 2008 RE: Additional Information for the Nationwide Permit 29 Application DENR -',VA1ER GuAUTy Brunswick Forest Subdivision; Brunswick County, NC WETLANDS AND STORMWATER BRANCH DWQ# 07-2046 Dear Chad: Thank you for your letter dated May 29, 2008 in which you request additional information for the 401 Water Quality Certification application submitted for the Brunswick Forest Subdivision project. Below is a response to each of your comments. 1. The submitted mitigation plan states that 1.27 acres of uplands will be restored. These uplands were listed as 404 wetlands in the prior jurisdictional determination from 2001. Provide evidence that the applicant did not drain these upland areas via the constructed ditch in the previous seven years. This ditch was constructed many years ago to aid forestry activities within the site. It was present during the wetland delineation conducted in 1999; however, its drainage effect was not evaluated at that time and an area of wetlands was delineated adjacent to it. Groundwater monitoring wells were installed in this area in 2006 and data from these wells conclusively showed that the ditch drained adjacent soils. An inspection of the area by Jennifer Frye of the U.S. Army Corps of Engineers on February 22, 2008 determined that the area was indeed drained and should be classified as uplands. No violation in this area was noted by her. 2. Provide as built cross sectional details for the impacts already constructed showing the provisions for aquatic life passage. As discussed in the previous submittal, all of the forestry roads within Brunswick Forest were installed many years ago and are not jurisdictional. Therefore, we do not believe that cross sections of each of these impacts are necessary. However, there are two road crossings that were installed in 2005 and impacted 0.1 acre of Waters of the U.S. Plan views that document the amount of disturbance from these impacts are shown in Figures 18 and 19. Cross sections of these impacts are also enclosed. 3. Since there are impacts to greater than 150 feet of perennial stream for this project, mitigation www.imgroup.net • infoClmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 is required for DWQ. The application states that the mitigation requirements will be met by paying into the NCEEP for 298 linear feet of stream. The acceptance letter from NCEEP expires on June 4, 2008. Please submit a new acceptance letter from NCEEP upon expiration. Enclosed is the updated EEP acceptance letter, dated April 15, 2008. Please note that stream impacts have decreased to 262 LF. 4. Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit administered by DWQ is automatically issued to the project...... Please provide a written narrative explaining how you intend to comply with this permit and who will be delegated to inspect the site and maintain required rain gauge and monitoring reports. During a site visit on May 29, 2008 by the DWQ several areas of possible non-compliance with the NCG010000 permit were noted pertaining to turbidity. Explain what measures are being taken to keep the site in compliance with the North Carolina Turbidity Stream Standard. The applicant has obtained Erosion and Sedimentation Control Permits for Phases 3 and 5 of development (enclosed). Mr. Jeff Malpass with Malpass Engineering regularly monitors discharge points and erosion control devices such as silt fences (once a week or after every 'h inch of rainfall; whichever is more frequent) to ensure they are functioning properly and that the site is compliant with the above-mentioned permits. In addition, representatives of DLR have made routine visits on this site and have found the site to be in compliance. We are not aware of any recent non- compliance citations regarding turbidity. 5. Please be advised any proposed bottomless culvert must include submittal of a signed and sealed geotechnical investigation of subsurface soils which directly complies with the Division of Highways- Guidelines for Drainage Studies and Hydraulic Design..... As stated in our previous submittal, the applicant installed two bottomless culverts in Phase One of development in 2005. This was prior to the implementation of DWQ's above-referenced requirements for bottomless culverts. No additional bottomless culverts are proposed because the Town of Leland does not support these structures. 6 Please revise the Pre-Construction Notification application to reflect any revised impacts as referenced above and any amount of streams andlor wetlands already impacted. Also, revise the application to reflect changes in the type of DA permit required or any other changes as necessary. Several changes to the previous PCN have been made. The ephemeral stream impact (#3) is now listed under the wetland impacts instead of the stream impacts, as directed by both DWQ and Corps guidelines. In addition, wetland and stream impacts have decreased slightly based on minor revisions to the site plan. Finally, the previous PCN form had incorrectly listed the point of contact 2 for Funston Land and Timber. We have revised the PCN to list Mr. Jeff Earp as the point of contact. The revised PCN form is enclosed. I hope this response adequately addresses your concerns. Please contact me if you have any additional questions. Thank you for your assistance with this project. Sincerely, Kim Williams Wetland Scientist Encl. C: Mr. Jeff Earp, Funston Land and Timber, LLC Mr. Greg Wayne, Hanover Design Mr. Joe Taylor, Murchison, Taylor, and Gibson Mr. Ian McMillan, DWQ Ms. Kim Garvey, ACOE Ms. Molly Ellwood, WRC LMG LAND MANAGEMENT GROUP INC. Environmental Consultants June 6, 2008 TO: Ms. Kim Garvey U. S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 RE: Additional Information for the Nationwide Permit 29 Application Brunswick Forest Subdivision; Brunswick County, NC Action ID# SAW-2007-530 Dear Kim: Thank you for your letter dated May 13, 2008 in which you request additional information for the Nationwide Permit application submitted for the Brunswick Forest Subdivision project. Below is a response to each of your comments. 1. It appears based on your application and supplemental information received]] Apr 2008 that impacts to wetlands could be further avoided and minimized. Please explain why the following alternatives were not considered and/or why it may/may not be practicable (MWP General Condition 20 (a)). a. It does not appear that any available on-site alternatives were evaluated, specifically bridging the road crossings. Explain and document why this may/may not be practicable, particularly for high quality aquatic resources. The applicant evaluated the construction of bridges, especially at the proposed stream crossings. Bridges are expensive to construct and maintain. The Town of Leland will ultimately be responsible for maintaining these bridges. Communication with Town representatives indicated they did not want to take on this financial responsibility (see attached letter from project engineer). In addition, proposed stream impacts will occur in areas were there are existing roads. Culverts are present in these areas and the streams are not considered high quality. However, the applicant will examine the possibility of utilizing bridges in future phases of development, especially in areas of high quality streams or other resources. b. The proposed road crossings appear to be larger than would normally be needed for this type of development. Please provide justification for the road widths for our evaluation or reduce the impacts. As stated previously, most of the road rights-of-way in Phases 3 and 5 are 80' wide. These roads are considered major arteries and will handle a large volume of traffic. The road through Phase 3 will shuttle cars to and from the club house. The applicant will utilize www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 retaining walls at Crossings #2-6 to minimize stream and wetland impacts. Furthermore, the shoulder width has been decreased to 8', which will reduce proposed impacts. Finally, utilities located outside of the ROW (impacts 2 and 3) will be directionally bored. Total impacts have been further reduced to 0.228 acre of 404 wetlands and 262 LF of stream. The project engineer has determined that the road widths at these crossings cannot be decreased any further without causing traffic safety issues (please see attached letter). 2. Please submit a plan view and cross-section for each of the proposed impacts, not included in your most recent submittal. Plan view drawings and cross sections for each of the proposed crossings are enclosed. 3. The as-builts you submitted were difficult to understand and did not show cross sections Please provide this office with a spreadsheet listing each of the crossings, the type of aquatic resource impact and the acres/linear feet of impact. Please further provide a functional assessment of the resource that has been impacted. This information is needed to show the amount of impact to waters of the United States that you have already completed. As discussed in the previous submittal, all of the forestry roads within Brunswick Forest were installed prior to 1977 and are not subject to the "recapture provision". Therefore, we do not believe that a spread sheet listing each of these impacts is necessary. However, there are two road crossings that were installed in 2005 and impacted 0.1 acre of a ditch labeled `Waters of the U. S.' Plan views that document the amount of disturbance from these crossings are shown in Figures 18 and 19. Cross sections of these impacts are also enclosed. This ditch was dug many years ago through uplands and eventually connects to Piney Branch. During a recent site visit, this ditch was found to contain water, but is maintained and does not appear to support a high quality resource (please see enclosed pictures). The Waters of the U. S. impacts were performed under a no-notification NWP 3 9 in 2005. These impacts were listed in the recently submitted PCN under the IV. Prior Project History and VI. Cumulative Impacts sections. This 0.1 acre impact was added to the overall impacts and was factored into mitigation totals. Please note that we have modified the PCN form to list the ephemeral stream impact (#3) under the wetlands table based on guidance from DWQ and the Corps. In addition, proposed wetland and stream crossings have been revised to further reduce impacts and accurately show the limits of rip rap. Revised plan views and cross sections are enclosed. 4. Please clarify if your proposed preservation area is all wetland or if there will be some stream preservation as well. In addition to preservation of remaining streams on the property, this office also recommends 100 foot upland buffers to further protect the resource. LMG has evaluated the areas shown on the preservation map and established the limits of streams within the wetlands. We have calculated 777 linear feet of stream preservation. Please note that other streams within the site will be deeded to third parties at a later date and are not a part of the mitigation proposal. 2 The applicant is proposing to preserve approximately 122.9 acres of wetlands, 12 acres of uplands, and 777 linear feet of streams on site. In addition, the applicant will restore 1.27 acres and enhance 2.44 acres of wetlands on site. Finally, the applicant will buy into the NC EEP for the restoration of between 262 LF and 524 LF of stream (ratio to be determined by your office). This mitigation will be used to offset impacts to 262 LF of stream, 0.228 acre of wetlands, and 0.1 acre of Waters of the U. S. Based on these values, we do not believe that 100 foot upland buffers are needed. 5. Please provide this office with an]]" by 17" map of the proposed preservation areas. We have enclosed a draft preservation map prepared by the surveyor. The applicant is proposing to preserve approximately 122.9 acres of wetlands, 12 acres of uplands, and 777 linear feet of streams on site. Please note that the amount of wetlands to be preserved has decreased from the previous submittal because this previous map incorrectly showed the preservation of some wetlands that were already sold. 6 Your proposed compensatory mitigation proposal is not accepted a. Without knowing the amount of streams already impacted and having a functional assessment of each of the proposed stream crossings, this office cannot accept your proposed ratio of 1:1 payment to NC EEP. As discussed above, there are no previous stream impacts within the site that require mitigation because these road crossings were installed prior to 1977. The two Waters of the U. S. impacts installed in 2005 are not streams. Therefore, only 262 LF of proposed stream impact require mitigation. Staff of LMG prepared stream determination forms that give information regarding the quality of these streams at these crossings (enclosed). We believe that buying into the NC EEP at between a 1:1 and 2:1 ratio and preserving 777 LF of stream on-site is adequate mitigation. b. Prior to accepting your wetland restoration and enhancement proposal, please provide clarification for the proposed restoration area. Specifically, provide evidence that you did not drain this area via constructing the ditch. It appears based on your mitigation plan that the hydrology at this location has changed within the last seven years. This ditch was constructed many years ago to aid forestry activities within the site. It was present during the wetland delineation conducted in 1999; however, its drainage effect was not evaluated at that time and an area of wetlands was delineated adjacent to it. Groundwater monitoring wells were installed in this area in 2006 and data from these wells conclusively showed that the ditch drained adjacent soils. An inspection of the area by Jennifer Frye of the U. S. Army Corps of Engineers on February 22, 2008 determined that the area was indeed drained and should be classified as uplands. No violation in this area was noted by her. c. We have the following changes to your proposal: i. Monitoring will occur annually until successful this office determines the site to be 3 The Corps' Regulatory Guidance Letter (RGL) 06-03 states that the DA permit and/or the mitigation plan "must specify the length of monitoring required". Five years of monitoring is a commonly-used mitigation timeframe, however, this RGL also states that "the DE may waive any remaining monitoring requirements upon a determination that the compensatory mitigation project has achieved its performance standards". We strongly disagree with leaving the monitoring period open-ended, but do agree to change the language to read "monitoring will occur annually for five years or until agencies determine the site to be successful." ii. Wetland mitigation activities will commence prior to construction within jurisdictional areas. Although we believe that this is a permit condition, we have added this language to the mitigation plan. Please note that we have enclosed a revised PCN form that accurately reflects the modified impact areas. In addition, the previous PCN form had incorrectly listed the point of contact for Funston Land and Timber. We have revised the PCN to list Mr. Jeff Earp as the point of contact. As requested, we have also enclosed the draft preservation document that clearly shows how the document differs from the Corps' standard preservation language. Areas highlighted have been added and areas marked out have been deleted. A brief narrative that describes the need for the proposed changes was prepared by the applicant's attorney, Mr. Joseph Taylor, and is enclosed. I hope this response adequately addresses your concerns. Please contact me if you have any additional questions. Thank you for your assistance with this project. Sincerely, V _` ?,.` , Kim Williams Wetland Scientist Encl. C: Mr. Jeff Earp, Funston Land and Timber, LLC Mr. Greg Wayne, Hanover Design Mr. Joe Taylor, Murchison, Taylor, and Gibson Mr. Chad Coburn, DWQ Mr. Ian McMillan, DWQ Ms. Molly Ellwood, WRC 4 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "iNot Appncame or iNiti .) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29; GC 3404 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here II. Applicant Information PM 1. Owner/Applicant Information JUN 1 0 2008 Name: Funston Land and Timber LLC ^urv Mailing Address: c/o Mr. Jeff Earp WETLANDS AND STORMWATER BRANCH 1007 Evangeline Drive Leland NC 28451 Telephone Number: (910) 383-1425 Fax Number: (910) 383-1424 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kim Williams Company Affiliation: Land Management Group Inc. Mailing Address: PO Box 2522 Wilmington NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: kwilliams a hngroup.net III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map Updated 11/1/2005 Page 5 of 12 and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable snaps are provided. 1. Name of project: Brunswick Forest Subdivision; Phases 3 & 5 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 219500647946 4. Location County: Brunswick Nearest Town: Leland Subdivision name (include phase/lot number): Brunswick Forest; Phases 3 & 5 Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take 17 S into Brunswick County. Site is located directly off of 17S on left (see vicinity map). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 34.1844 ON 78.0482 °W 6. Property size (acres): Total tract: 4290 ac Phase 3: 471.8 ac Phase 5: 198 ac 7. Name of nearest receiving body of water: Town Creek 8. River Basin: Cape Fear (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Phases 1 and 2 have already been partially developed and contain residential homes Other phases contain old dirt logging roads but are otherwise undeveloped Adjacent land use is residential commercial or forested. 10. Describe the overall project in detail, including the type of equipment to be used: Phase 3 of this residential subdivision will contain 193 single-family lots and a golf course. Phase 5 will contain 323 single-family lots The subdivision will tie in to the existing sewer system via developer installed sewer lines A stormwater plan and erosion control plan are being developed Sediment and erosion shall be minimized with the use of silt fencing. Updated I 1 /1 /2005 Page 6 of 12 11. Explain the purpose of the proposed work: Purpose of the proposed work is to provide access to uplands located throughout the subdivision. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. There is a previously signed Notification of Jurisdictional Determination signed by Mr. Allen Davis of the US Army Corps of Engineers dated 9/10/2001 (IP Realty Corporation Brunswick Forest) This determination has expired and the delineation has been revised in areas. LMG recently submitted a revised wetland survey to Jennifer Frye. In 2005, the applicant notified the Corps of 1000 sf of Waters of the U.S. impact for two road crossings. These crossings have been constructed and it was determined that actual impacts were 4300 sf. In addition two old culverts were replaced with bottomless culverts in 2006. Impacts were temporary and no permit was obtained. Finally, the applicant has received a CAMA Major permit associated with a beach club in Oak Island. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. The applicant may have future wetland impacts in later phases of residential development, but land planning for these phases has not yet been completed. Any future wetland or stream impacts will be considered to be cumulative and will be applied for through the Corps and DWQ accordinuly. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed road crossings will impact 0.228 ac of wetlands and 262 LF of stream. The applicant has already impacted 0.1 acre of Waters of the U.S. Updated 11/1/2005 Page 7of12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, cPnnrntely list imnnctc rlne to hoth atnlcture and flooding. Located within Distance to Area of Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) 2 Fill/Culvert for Forested Wetland (Phase 3) No adjacent 0.019 Road Crossing 3 Fill/Culvert for Forested Wetland/Ephemeral No adjacent 0.045 Road Crossing Stream (Phase 3) 4 Fill/Culvert for Forested Wetland (Phase 3) No adjacent 0.096 Road Crossing 5 Fill/Culvert for Forested Wetland (Phase 5) No adjacent 0.028 Existing Road Crossing 6 Fill/Culvert for Forested Wetland (Phase 5) No 2000 0.040 Existing Road Crossing Total Wetland Impact (acres) 0.228 3. List the total acreage (estimated) of all existing wetlands on the property: 1200 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mnct No inPllidi- l Tn Pale„late nnrenoe_ rrnltinly length X width- then divide by 43.560. Stream Impact _ Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) 1 Mallory Creek Fill/Culvert for Perennial 8' 105 0.019 Existing Road Crossing 2 UT to Mallory Fill/Culvert for Intermittent 5' 63 0.007 Creek Road Crossing 4 UT to Mallory Fill/Culvert for Perennial 5' 62 0.007 Creek Road Crossing 5 UT to Mallory Fill/Culvert for Perennial 8' 32 0.006 Creek Existing Road Crossing Total Stream Impact (by length and acreage) 262 0.039 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill PxPnvntinn di-t-daino flnntlina rlrninnge_ bulkheads- etc. Open Water Impact Name Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) ) ocean, etc. (acres) N/A Total Open Water Impact (acres) N/A Updated 11/1/2005 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.039 Wetland Impact (acres): 0.228 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.367 Total Stream Impact (linear feet): 262 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ® uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): excavation of uplands Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: undeveloped Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Wetland impacts were minimized to the maximum extent bracticable. However, several wetland fingers _extend the entire length of the property and some impact could not be avoided. The applicant will use retaining walls and will decrease road widths at the impact areas to minimize impacts. Furthermore roads were designed in the footprint of existing roads where possible to reduce overall impacts. No wetland impact from lot fill is proposed. Please note that the applicant has reduced impacts from the original submittal. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Updated I t/L/2005 Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Pennits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/'iicwetiands/strmgide.litm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant will restore 1.27 acres of non-riparian wetlands on site by filhu a ditch located in the southern part of Phase 3 There are no stream restoration opportunities on site. Therefore, the qpplicant will buy into the EEP for the restoration of 262 linear feet of stream. In addition, the lid cant proposes to preserve remaining wetlands located on individual lots within Phases 3 and 5. They are in the process of developing a draft wetlands preservation map and document. The applicant also avrees that wetlands located on individual lots in future phases will be preserved prior to being sold Furthermore approximately 122 acres of wetlands 12 acres of uplands, and 777 LF of stream within the tract will be preserved using restrictive covenants (see map). Remaining, wetlands on site cannot be preserved at this time for several reasons. They are either under hydroloizical study, are located in future phases of development where precise impact locations have not yet been determined or are in areas that the applicant is planning to deed to third parties (NC State University and the NC Coastal Land Trust) for research/conservation purposes 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 262 Updated 11/1/2005 Page 10 of 12 Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation I N/A 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. N/A Updated 11/1/2005 Page I 1 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There are several dirt roads within Phases 3 and 5. Proposed impervious cover will include the roadways 516 homes and associated driveways. Phase 3 will have +/- 46 ac of impervious cover, or 10% of the phase Phase 5 will have +/- 52 acres of impervious cover, or 26% of the phase A s_tormwater plan is being developed by the project engineer. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will tie into existing sewer services provided by the Town of Leland. Sewer lines will be installed by the developer. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The project will not provide connections or utilities to other tracts. Remaining wetlands within Phases 3 and 5 will be preserved. Additional impacts may occur in future phases (road crossings) and will be considered cumulative. However, these phases have not been planned and impacts cannot be assessed at this time XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A J -t- Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 (fB 0VN) 0180 ON U) o= Q? 0 mZ ?YN ?W aUJa 1` q > Q m WJa K? 0 0 W U ro U m 10 R 535 \ 258 .- ? is Q) o 'k Q, a\- 1 W N 1 moti ? I a odo ft ?n`i?.1? °n o 1 _ a 5g?e LL. oa o - ? ? fr E? v / W Z CL I ?pw \ F - t \ / o y j oR /µ -. n \ m n °w a W ma 2 =? Yd U w d ¢? ' eJ o ij ?JpO ? • ? 11, i ? t \ _ i 11 K a?6 U) ? U C) ? Q w E Q ? L z _O Z o00 (!? T (Do c 3 a Q o o > m 3 ? l u? U O n -C 3 N U) 2 O LLJ ? M Q O U z m a a ? M O 00 (N 3NOo C(naZeo C E C; Q D)oO O Co N fn W m _O C, C_ Q n1 ? ? N 0 m x U) c ca NT E O 'IT (Q O L y..I ? U U E W O Q C) 2 41- a ail Z O F- U zZ O U O H F- 0 z } zz J W d z ' I Li o O', L p "J I 1 Q?Q w_ I y III Proposed Rip Rap Existing Culvert (to be removed) 80 36"CMP __ asement -' 10 . Propos d Rip Ra G - - _ -Stream -lmpacf V : ?\ T --------------- 105 LF ti I , PRELIMINARY: NOT FOR CONSTRUCTION Site plan by: BRUNSWICK FOREST SUBDIVISION Hanover Design Services, P.A. Brunswick County, NC 404 Wetlands/RPW 1123 Floral Parkway D711, Wilmington, NC 28403 Proposed Impact to Stream (910) 343-8002 Figure 10. Stream Impact #1 SCALE: 1" = 50' Utilities directionally 88 -- bored (no impoct) n, ,o . '2 00 ox.) ------ --------- - ----- am-(AP .; ,?,,?Blue Lin ?i -------------- i3'-36 RGP ? 1 2x IMPACT REP*? _ Retaining Wall 3 - #2:00Interm tent Stream Impact: 63 LF We land Impact: 0.019 acre (829.4 std 70 ?? rp 2 5 s2 A C1? i 7r PRELIMINARY: NOT FOR CONSTRUCTION Blue-Line Stream (Approx.) Site plan by: BRUNSWICK FOREST SUBDIVISION 404 Wetlands Hanover Design Services, P.A. Brunswick County, NC 1123 Floral Parkway Proposed Impact to 404 Wetlands/RPW Wilmington, NC 28403 Figure 11 . Stream/Wetland Impact #2 (Phase 3) (910) 343-8002 SCALE: 1 ?r = 40' REVISED MAY 2008 7 Utilities bored ? `----Retaining Wd'// aye s,°d i, #3. Wetly emeral Stream Impact. j' h AAK •-sAra /4=79Z iefl i PRELIMINARY: NOT FOR CONSTRUCTION Blue-Line Stream (Approx.) 404 Wetlands Proposed Impact to 404 Wetlands/RPW SCALE: 1 40' cq\O e° ?a ?C / ?FqR? R?tir?w Nq ? ?•? oC ?R??E 1. f D 2 , a Site plan by: BRUNSWICK FOREST SUBDIVISION Hanover Design Services, P.A. Brunswick County, NC 1123 Parkway Wilmington, , NC 28403 Figure 12. Ephemeral Stream/Wetland Impact #3 (910) 343-8002 (Phase 3) REVISED MAY 2008 PRELIMINARY: NOT FOR CONSTRUCTION - Blue-Line Stream (Approx.) Site plan by: BRUNSWICK FOREST SUBDIVISION Hanover Design Services, P.A. Brunswick County, NC ® 404 Wetlands 1123 Floral Parkway Proposed Impact to 404 Wetlands/RPW Wilmington, NC 28403 Figure 13. Stream/Wetland Impact #4 (Phase 3) (910) 343-8002 SCALE: 1 ?? - 4?? REVISED MAY 2008 s- s a ?• N AG Laf Impact Pye ?,? \ Wetland: 0:028 acre 3?.9 std s?°eW I\ 5 F o S t r e a rrk \ ?p?F Stream. c - ----- '' cQ a f IueI?neS A 7 Pprox? Alw? s \ 1 % \ \ 4?. Pcr6\\_ S• 1 17 LF of Stream m, a'Ct \ 2• ^6, i ?a l 80 cp _ <p \ Py a D PRELIMINARY: NOT FOR CONSTRUCTION SCALE: 1" = 30' Blue-Line Stream (Approx.) Site plan by: ® 404 Wetlands/RPW Hanover Design Services, P.A. 1123 Floral Parkway Wilmington, NC 28403 Proposed Impact to 404 Wetlands/RPW (910) 343-8002 proposed lot 323 phase 5 BRUNSWICK FOREST SUBDIVISION Brunswick County, NC Figure 14. Wetland/Stream Impact #5 (Phase 5) REVISED MAY 2008 STREAM/WETLAND IMPACT # 2 (PHASE 3) CROSS SECTION VIEW STREAM/WETLAND IMPACT # 3 (PHASE 3) CROSS SECTION VIEW STREAM/WETLAND IMPACT # 4 (PHASE 3) CROSS SECTION VIEW STREAM/WETLAND IMPACT # 5 (PHASES) CROSS SECTION VIEW STREAM/WETLAND IMPACT # 6 (PHASE5) CROSS SECTION VIEW C), J' D ? 0 0 0 ?? 4L 9 NV. 21.6IN W911 W EX. SEWER -:m 4,2P ??NCRE l COQ 5\DEWA .4?4P 2N . INV 22.6 no 2Q- ® E4-A t. ?S. o `? xne 0 ?e ?a PRELIMINARY: NOT FOR CONSTRUCTION SCALE: 1" = 50' vvaiers u1 uM v..7. 111t,0a.a• 1897.42 sf; 0.043 ac (installed) 7\S9 Site plan by: BRUNSWICK FOREST SUBDIVISION Hanover Design Services, P.A. Brunswick County, NC 404 Wetlands 1123 Floral Parkway Wilmington, NC 28403 Figure 19. As-Built of Existing Road Crossing E (910) 343-8002 E4-A (No-Notification NWP 39) --- ---------------- u 1A j FIRE HYDRANT WATER VALVE j p STOP SIGN 74 n G0" om WATER VALVE N o 5\0 `t a2 t 'c WATER VALVE J ® p4 i Way? 745 n+ \ !V 744 Rip-Rap o % INV. \ - is a? the 't.\ Ovate vat 744 i "XI VE \V © I 104 W 10.3 W --'1 102 W - PRELIMINARY: NOT FOR CONSTRUCTION 404 Wetlands SCALE: 1" = 50' E7-A j Waters of the U.S. Impact:; 2364.12 sf; 0.054 ac 74,3 -,q (installed) Site plan by: BRUNSWICK FOREST SUBDIVISION Hanover Design Services, P.A. Brunswick County, NC 1123 Floral Parkway Wilmington, INC 28403 Figure 18. As-Built of Existing Road Crossing (910) 343-8002 E7-A (No-Notification NWP 39) E7-A AS-BU?LT EkSPNG ROAD CR OSS HG P -1 WATE RS OF TH E US Q wk- W?- zz zz ::]Lu ui , 35 > Z z < 4 0 35 WIDE ELEVATED a o W ADEN WALKWAY j RETAINING = - - WALL ? ? \\\ 2.5' CURB 2.5' CURB O ? 30 30 RETAINING c WALL TWIN 48"RCPs FLOW SEE TABLE .FOR LINE _ FLOW LENGTHS and SLOPES. J 25 ' 25 LINE INVERT LINE "A" NORTH PIPE LINE "B" SOUTH PIPE - INV. (W) INV. (E) SIZE LEN. SLOPE INV. (W) INV. (E) SIZE LEN. SLOPE CULVERT "P1" 25.8' 26.0' 48" 130' .15% 25.7' 25.9' 48" 130' .15% E4-A AS-BUIT EKST N G R OAD CROSSNG P- 2 WATERS OF THE US 35 0 35 w _Jol -10' WID E ELEVATED o > WOODEN WALKWAY _ _ -z <c 2' CURB Lou 1 2' CURB 30 30 RETAINING WALL RETAINING WALL_ 25 TWIN 48"RCPs 25 SEE TABLE -FOR LINE FLOW LENGTHS and SLOPES. RETAINING RETAININ FLAW -WALL WALL r ° 20 RIP-RAP N N w N III RIP-RAP 20 W 0+00 0+50 1+00 1 +,50 2+00 LINE LINE LINE INVERT "A" WEST PIPE "B" EAST P IPE - INV. (S) INV. (N) SIZE LEN. SLOPE INV. (S) INV. (N) SIZE LEN. SLOPE CULVERT "P1" 22.0' 21 .6' 48" 130.3' .31 % 22.0' 21.5' 48" 130.3' .38% Hanover Design Services, P.A. MNNMEEZ=':?7 71-17. Land Surveyors, Engineers, Land Planners May 19, 2008 Ms. Kim Williams Land Management Group, Inc. P.O. Box 2522 Wilmington, N.C. 28402 Re: Brunswick Forest Road Crossing Wetland Fill Areas Dear Ms. Williams: The proposed roads within Brunswick Forest are public and will be accepted and maintained by the Town of Leland. We have discussed bridges in the past and the Town of Leland has informed us that bridges would not be acceptable as part of their road system. We have looked at each proposed wetland crossing within Phases 3 and 5 of Brunswick Forest, and have determined that we cannot decrease the width of proposed fill any more than what is shown. We are proposing only an eight foot shoulder between the back of curb and the proposed retaining wall. To decrease the shoulder width any further would cause traffic safety issues. If you have any questions, please let me know. Sincerely, 9Q4xe Greg A. Wayne, PLS president 1123 Floral Parkway Wilmington, N.C. 28403 Phone (910) 343-8002 Fax (910) 343-9941 Table of Constructed Waters of the U.S. Imnacts within Rninswick Fc)rPSt Type of Wetland Located within WOUS Impact (e.g., forested, 100- year y Leng th of Area of Impact (Constructed) ( Type of Impact marsh Floodplain Impact (acres) herbaceous, bog, (yes/no) (linear feet) etc.) E4-A Fill/Culvert for Road Crossing ditch No 134 0.043 E7-A Fill/Culvert for Road Crossing ditch No 178 0.054 TOTAL 0.097 Brunswick Forest Subdivision LMG Crossing E4-A: Brunswick County, NC LAVAMI9'AGLNILNIGROUP- Site Photographs 03-05-440W E„vl,on,ne„tar co„s„iro 2008 Looking northeast at crossing from culvert. Looking northeast at ditch, just north of crossing. Brunswick Forest Subdivision LMG Crossing E7-A: Brunswick County, NC LAND MINAGBMENTGROCP-. Site Photographs 03-05-440W Consurtnnu+ May 2008 Looking east at crossing from culvert. Looking west along ditch, just west of crossing. USAGE AID# DWQ # 0 1 2 Le Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment:' 1. Applicant's name: Brunswick Forest - Phase 3 2. Evaluator's name: Corey Novak 3. Date of evaluation: 3/26/08 4. Time of evaluation: 11:45 5. Name of stream: Mallory Creek (headwaters) 6. River basin: Cape Fear 7. Approximate drainage area: 200 acres 9. Length of reach evaluated: 1000 feet 8. Stream order: first 10. County: Brunswick 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Brunswick Forest Latitude (ex. 34.872312): 34.1769 Longitude (ex. -77.556611): 78.0265 Method location determined (circle): GPS Fopo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note near y roads and landmarks and attach map identifying stream(s) location): identified on attached survey as "Stream Impact #1" 14. Proposed channel work (if any): -PP nnnriina permit application and attached Plat 15. Recent weather conditions: sunny, cool 16. Site conditions at time of visit: sunny, cool, d 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YE NO yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES O 20. Does channel appear on USDA Soil Survey? YES O 21. Estimated watershed land use: 0 % Residential 0 % Commercial 0 % Industrial 0 % Agricultural 20 % Forested 80 % Cleared / Logged o % Other 22. Bankfull width: 3 feet 23. Bank height (from bed to top of bank): 3 feet 24. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight Occasional bends -Frequent meander X Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality Total Score (from reverse): 63 Comments: Date 3/31/08 Evaluator's Signature k y7LZA This channel evaluation form is int ed to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREG ION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 3 (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 4 (extensive discharges = 0; no discharges = max points) a 5 Groundwater discharge 0-3 0-4 0-4 3 d (no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 4 (no floodplain = 0; extensive floodplain = max points) Entrenchment / floodplain access 0- 5 0- 4 0- 2 3 p (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0-6 0-4 0-2 6 (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 5 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 4 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 N/A (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 3 >? (deeply incised = 0; stable bed & banks = max points) E- ** 13 Presence of major bank failures 0-5 0-5 0-5 2 ?4 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 F (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 3 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 0 E (no riffles/ripples or pools = 0; well-developed = max points) 1 Habitat complexity 0-6 0-6 0-6 4 (little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 2 x (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 N/A (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 2 (no evidence = 0; common, numerous types = max points) >4 21 Presence of amphibians 0-4 0-4 0-4 1 (no evidence = 0; common, numerous types = max points) 22 Presence of fish 0-4 0-4 0-4 0 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 63 * These characteristics are not assessed in coastal streams. USAGE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Brunswick Forest - Phase 3 2. Evaluator's name: Corey Novak 3. Date of evaluation: 3/26/08 5. Name of stream: unnamed tributary to Mallory Creek 7. Approximate drainage area: 100 acres 9. Length of reach evaluated: 500 feet 4. Time of evaluation: 12:15 6. River basin: Cape Fear 8. Stream order: first 10. County: Brunswick I]. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Brunswick Forest Latitude (ex. 34.872312): 34.1733 Longitude (ex. -77.556611): 78.0263 Method location determined (circle): GPS fopo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note near y roads and landmarks and attach map identifying stream(s) location): identified on attached survey as "Wetland Impact #2" 14. Proposed channel work (if any): -PP rnrrespoodino permit application and attached Plat 15. Recent weather conditions: sunny, cool 16. Site conditions at time of visit: sunny, cool, d 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters -Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YE CD f yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES O 21. Estimated watershed land use: 0 % Residential 0 % Commercial 0 % Industrial 0 % Agricultural 50 % Forested 50 % Cleared / Logged o% Other 22. Bankfull width: 2 feet 23. Bank height (from bed to top of bank): 2 feet 24. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (> 10%) 25. Channel sinuosity: Straight -Occasional bends -Frequent meander X Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 64 Comments: 1 Evaluator's Signature ( ' Date 3/31/08 This channel evaluation form is int ded to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREG ION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 4 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 5 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 4 (no buffer = 0; contiguous, wide buffer = max points) Evidence of nutrient or chemical discharges 0-5 0-4 0-4 4 4 (extensive discharges = 0; no discharges = max points) a 5 Groundwater discharge 0-3 0-4 0-4 2 U (no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0- 4 0- 4 0- 2 3 (no floodplain = 0; extensive floodplain = max points) 7 Entrenchment / floodplain access 0-5 0-4 0-2 4 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0-6 0-4 0-2 5 (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 4 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 4 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 N/A (fine, homogenous = 0; large, diverse sizes = max points) 12 . Evidence of channel incision or widening 0-5 0-4 0-5 3 (deeply incised = 0; stable bed & banks = max points) 1' Presence of major bank failures 0-5 0-5 0-5 3 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 2 (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 4 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 0 (no riffles/ripples or pools = 0; well-developed = max points) 17 Habitat complexity 0-6 0-6 0-6 4 F (little or no habitat = 0; frequent, varied habitats = max points) ? 18 Canopy coverage over streambed 0-5 0-5 0-5 3 (no shading vegetation = 0; continuous canopy = max points) r19 Substrate embeddedness NA* 0-4 0-4 N/A (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 (no evidence = 0; common, numerous types = max points) l Presence of amphibians 0-4 0-4 0-4 2 O (no evidence = 0; common, numerous types = max points) 04 22 Presence of fish 0-4 0-4 0-4 0 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 64 * These characteristics are not assessed in coastal streams. USAGE AID# DWQ # Site 9 - (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Brunswick Forest - Phase 3 2. Evaluator's name: Corey Novak 3. Date of evaluation: 3/26/08 5. Name of stream: unnamed tributary to Mallory Creek 7. Approximate drainage area: 100 acres 9. Length of reach evaluated: 500 feet 4. Time of evaluation: 6. River basin: Cape Fear 8. Stream order: 10. County: Brunswick 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Brunswick Forest Latitude (ex. 34.872312): 34.17 19 Longitude (ex. -77.556611): 78.0249 Method location determined (circle): GPS 1"opo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note near y roads and landmarks and attach map identifying stream(s) location): identified on attached survey as "Wetland Impact #3" 14. Proposed channel work (if any): gep oorre-pandinq Permit application and attached plat 15. Recent weather conditions: sunny, cool 16. Site conditions at time of visit: sunny, cool, dry 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (MV) 18. Is there a pond or lake located upstream of the evaluation point? YE NO f yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES O 21. Estimated watershed land use: 0 % Residential 0 % Commercial 0 % Industrial 0 % Agricultural 50_% Forested 50 % Cleared / Logged o% Other ( 22. Bankfull width: 1 foot 23. Bank height (from bed to top of bank): 1 foot 24. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight -Occasional bends X Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 46 Comments: Evaluator's Signature Date 3/31/08 This channel evaluation form is inte d to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the Inited States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREG ION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain Presence of flow / persistent pools in stream 0-5 0-4 0-5 1 1 (no flow or saturation = 0; strong flow = max points) Evidence of past human alteration 0-6 0-5 0-5 5 2 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 3 (no buffer = 0; contiguous, wide buffer = max points) Evidence of nutrient or chemical discharges 0-5 0-4 0-4 4 4 (extensive discharges = 0; no discharges = max points) a 5 Groundwater discharge 0-3 0-4 0-4 2 d (no dischar e = 0; springs, seeps, wetlands, etc. = max points) Presence of adjacent floodplain 0- 4 0- 4 0- 2 2 6 (no floodplain = 0; extensive floodplain = max points) x Entrenchment / floodplain access 0- 5 0- 4 0- 2 2 a 2 (deeply entrenched = 0; frequent flooding = max points) Presence of adjacent wetlands 0-6 0-4 0-2 3 8 (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 4 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 4 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 N/A (fine, homogenous = 0; large, diverse sizes = max oints) Evidence of channel incision or widening 0-5 0-4 0-5 1 12 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 1 a (severe erosion = 0; no erosion, stable banks = max points) Root depth and density on banks 0-3 4 0 - 0-5 1 E„{ 14 (no visible roots = 0; dense roots throughout = max points) . Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 4 15 (substantial impact =0; no evidence = max points) Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 0 16 (no riffles/ripples or pools = 0; well-developed = max points) i 2 Habitat complexity 0- 6 0-6 0-6 1 (little or no habitat = 0; frequent, varied habitats = max points) Canopy coverage over streambed 0-5 0-5 0-5 4 18 (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 N/A (deeply embedded = 0; loose structure = max) Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 1 20 (no evidence = 0; common, numerous types = max points) 1 Presence of amphibians 0-4 0-4 0-4 1 Q (no evidence = 0; common, numerous types = max points) a 22 Presence of fish 0-4 0-4 0-4 0 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0- 6 0- 5 0- 5 2 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 46 * These characteristics are not assessed in coastal streams. USACE AID# DWQ # Site # (indicate on attached map) Provide the following information for the stream reach under assessment. 1. Applicant's name: Brunswick Forest - Phase 3 2. Evaluator's name: Corey Novak 3. Date of evaluation: 3/26/08 5. Name of stream: unnamed tributary to Mallory Creek 7. Approximate drainage area: 100 acres 9. Length of reach evaluated: 500 feet 11. Site coordinates (if known): prefer in decimal degrees. Latitude (ex. 34.872312): 34.1698 4. Time of evaluation 6. River basin: Cape Fear 8. Stream order: first 10. County: Brunswi 12. Subdivision name (if any): Brunswick Forest Longitude (ex. -77.556611): 78.0228 Method location determined (circle): GPS I'opo Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note near y roads and landmarks and attach map identifying stream(s) location): identified on attached survey as "Wetland Impact #4" 14. Proposed channel work (if any): aep rorrespondina permit application and attached plat 15. Recent weather conditions: 16. Site conditions at time of visit: sunn 17. Identify any special waterway classifications known: -.Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters Outstanding Resource Waters _Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YE NO f yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES O 21. Estimated watershed land use: 0 % Residential 0 % Commercial 0 % Industrial 0 % Agricultural 50 % Forested 50 % Cleared / Logged o% Other 22. Bankfull width: 1 foot 23. Bank height (from bed to top of bank): 1 foot 24. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight -Occasional bends -Frequent meander X Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 72 Comments: Evaluator's Signature ->( V Date 3/31/08 This channel evaluation form is int ed to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET c y. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE S R # CHARACTERISTICS Coastal Piedmont Mountain CO E 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 4 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 5 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 3 (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 4 (extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 3 (no discharge = 0; springs, seeps, wetlands, etc. = max points) #., 6 Presence of adjacent floodplain 0-4 0-4 0-2 4 (no floodplain = 0; extensive floodplain = max points) x Entrenchment / floodplain access 0- 5 0- 4 0- 2 4 P , (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0-6 0-4 0-2 6 (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 5 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 4 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 N/A (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 4 >q (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 4 a *4 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 2 (no visible roots = 0; dense roots throughout = max points) v 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 3 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 0 (no riffles/ripples or pools = 0; well-developed = max points) < 1 Habitat complexity 0-6 0-6 0-6 4 (little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0- 5 0- 5 0- 5 5 (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 N/A (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 2 i (no evidence = 0; common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 2 0 (no evidence = 0; common, numerous types = max points) 22 Presence of fish 0-4 0-4 0-4 1 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 72 * These characteristics are not assessed in coastal streams. 1.- tem 1111.111 'ellicilt. PROGRAM April 15, 2008 Fleming Gibson Funston Land and Timber, LLC 1007 Evangeline Drive Leland, NC 28451 Expiration of Acceptance: October 15, 2008 Project: Brunswick Forest Subdivision; Phases 3&5 County: Brunswick The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.necep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. Cape Fear 03030005 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.} Buffer II (Sq. Ft.} Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impacts 0 0 298 0.335 0 0 0 0 Credits 0 0 596 0.670 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, pj ' J??JIN?-hit' Willis D. Gilmore, PE 1U1 Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Kim Garvey, USACE-Wilmington Chad Coburn, NCDWQ-Wilmington Kim Williams, agent File RatoYU-c... E ... Pro" ow rta & North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net Brunswick Forest Subdivision; Phases 3 and 5 Mitigation Plan Brunswick County, North Carolina Prepared by: Land Management Group, Inc. Wilmington, NC Prepared for: Funston Land and Timber, LLC Leland, NC April 2008 Table of Contents List of Figures .......................................................................................................................... ii 1.0 Introduction .............................................................................................................................3 2.0 Site Description .......................................................................................................................3 2.1 Wetlands .............................................................................................................................3 2.2 Soils ....................................................................................................................................4 2.3 Vegetation ...........................................................................................................................4 3.0 Mitigation .................................................................................................................................4 3.1 Wetland Restoration ...........................................................................................................4 3.2 Wetland Enhancement ........................................................................................................5 3.3 Wetland Preservation .........................................................................................................5 4.0 Monitoring ...............................................................................................................................5 5.0 Implementation Schedule .......................................................................................................6 6.0 Summary ..................................................................................................................................6 List of Figures Figure 1. Vicinity map ................................................................................................. Figure 2. Topographic map ......................................................................................... Figure 3. Soils map ...................................................................................................... Figure 4. Aerial photograph ......................................................................................... Figure 5. Site plan showing proposed wetland impacts and mitigation ...................... Figure 6. Wetland restoration and enhancement ........................................................ 7 8 9 ......10 ......11 ......12 I 1.0 Introduction In order to mitigate for impacts to 0.335 acres of 404 wetlands and Waters of the U.S. and 298 linear feet of stream within Phases 3 and 5 of the Brunswick Forest Subdivision in Leland, North Carolina, Funston Land and Timber, LLC agrees to restore, enhance, and preserve wetlands on site and buy into the Ecosystem Enhancement Program (EEP). This tract is approximately 4290 acres in size and is located off of Highway 17 in Brunswick County, NC (Figure 1). 2.0 Site Description 2.1 Wetlands Staff of Land Management Group, Inc. delineated the entire tract in 2001 and Mr. Allen Davis of the US Army Corps of Engineers (ALOE) signed the wetland survey on 9/10/2001 (for IF Realty Corporation Brunswick Forest). This jurisdictional determination has since expired and the delineation was revised in areas. LMG submitted a revised wetland survey and supporting hydrology data to Ms. Jennifer Frye of the ACOE. Staff of LMG met with Ms. Frye on February 20, 2008 to review the wetlands in Phases 3 and 5 and she verbally approved the revised wetland line. Copies of the wetland survey have been submitted to her for final sign off. The site contains approximately 1200 acres of 404 wetlands. Several blue-line streams run through the property: Mallory Creek, an unnamed tributary (UT) of Mallory Creek, and a UT of Piney Branch extend into the eastern part of the site (Figure 2). Another UT of Mallory Creek forms part of the eastern property boundary. Goodland Branch and two UT's of Morgan Branch extend into the western part of the site. Goodland Branch flows into Town Creek, which forms part of the southern boundary of the tract. Finally, Little Mallory Creek forms another section of the southern property boundary. All named streams are classified as C; Swamp Waters by the Division of Water Quality. Please note that the proposed restoration area was delineated as wetlands in 2001. Hydrology data collected from automated monitoring wells in 2006 and 2007 determined that the 3 ditch running through this area had effectively drained the soils so that they did not support wetland hydrology. Therefore, it was not classified as wetlands in the reevaluation. This determination was approved by the U.S. Army Corps of Engineers in February of 2008. 2.2 Soils According to the Brunswick County Generalized Soil Survey, a majority of the uplands within the site are classified as Baymeade fine sand, Foreston loamy fine sand, Goldsboro fine sandy loam, Leon fine sand, and Newhan fine sand (Figure 3). Wetlands within the site are shown mostly as Dorovan muck, Muckalee loam, Murville fine sand, Pantego mucky loam, and Torhunta mucky fine sandy loam. 2.3 Vegetation Pond pine (P. serotina), red maple (Ater rubrum), black gum (Nyssa sylvatica), titi (Cyrilla racemiflora), and fetterbush (Lyonia lucida) are the dominant plant species that exist in the wetlands on this property (Figure 4). Undeveloped uplands support loblolly pine (Pinus taeda), sweetgum (Liquidambar styraciflua), red maple, and wax myrtle (Myrica cerifera). 3.0 Mitigation 3.1 Wetland Restoration A total of 1.27 acres of uplands will be restored to wetlands by filling approximately 730 linear feet of a ditch (Figures 5 and 6). Material used to fill the ditch will be taken from upland areas within the site. The proposed restoration area is already vegetated with wetland species such as black gum and red maple. Therefore, no wetland planting will occur. Two automated monitoring wells will be installed to measure water levels on a daily basis. In addition to the on-site restoration, the applicant will also buy into the Ecosystem Enhancement Program for the restoration of 298 linear feet of stream located elsewhere within the Lower Cape Fear Watershed. 4 3.2 Wetland Enhancement A total of 2.44 acres of wetlands located adjacent to the ditch that the applicant proposes to fill will be enhanced. Data collected from automated monitoring wells indicate that this area still technically meets wetland hydrology parameters. However, the water levels in this area are somewhat suppressed by the ditch. Filling the ditch will improve the wetland hydrology in this region. Two monitoring wells will be installed in the area to document changes in water levels. 3.3 Wetland Preservation The applicant will preserve approximately 163 acres of wetlands on site through restrictive covenants. 4.0 Monitoring A general site analysis will occur directly after mitigation activities have been completed and will consist of performing an `as-built' survey and taking photographs of the site to evaluate initial success. A small narrative will be written and submitted to the Corps and to DWQ. From then on, monitoring will occur annually for five years or until agencies determine the site to be successful. Hydrology will be measured by installing two automated wells in the restoration area, two wells within the enhancement area, and one well in a reference wetland. The goal of the hydrological success criterion is the establishment of a groundwater table at or above 12" from the soil surface for either 12% of the growing season (March 7 - November 28) during periods of normal precipitation or at least as long as that of the reference wetland. Since no vegetation will be planted in the mitigation site, no vegetation sampling will occur. However, photographs will be taken of the existing vegetation to ensure its continued health. A monitoring report that summarizes these results and includes photographs of the restored area will be submitted to the Corps and to DWQ. 5 f 5.0 Implementation Schedule Wetland mitigation activities will commence as soon as all necessary permits have been obtained. 6.0 Summary In order to mitigate for wetland impacts associated with development of Phases 3 and 5 within the Brunswick Forest Subdivision, the applicant will restore 1.27 acres, enhance 2.44 acres, and preserve approximately 163 acres of wetlands within the site. In addition, the applicant will buy into the NC EEP to mitigate for proposed stream impacts. These mitigation actions will commence prior to construction within jurisdictional areas. This proposed mitigation plan will compensate for permitted wetland and stream impacts and fulfill the requirements of the U.S. Army Corps of Engineers and the NC Division of Water Quality. 6 BRUNSWICK FOREST SUBDIVISION Proposed Changes to Preservation Language The slight modifications requested to the U.S. Corps of Engineers language were to enable the Applicant or its Owner's Association to protect the property and surrounding homes in the event of a fire, hurricane, storm or flood. The Applicant is requesting the right to take necessary measures to control a forest fire that might break out in the Mitigation Property Conservation Area and endanger the property, the surrounding lands and homes. The Applicant is further requesting the right to remove diseased trees in order to control disease outbreaks in the Mitigation Property Conservation Area. In the event of storms, flood or hurricane, the Applicant is also requesting the right to remove storm debris so that it does not pose a fire or disease threat to the Mitigation Property Conservation Area, the adjoining properties and homes. Finally the Applicant has requested the right, subject to approval of the US Army Corps of Engineers, to construct pathways or walkways which would transverse the Mitigation Property Conservation Area as part of the Applicant's overall recreation and education plan for its owners. 83039 MITIGATION PROPERTY CONSERVATION AREA Mitigation Property Conservation Area. Those areas to the extent that they have been or will be annexed into the Brunswick Forest Development and shown on maps of the Brunswick Forest Development recorded in the Brunswick County Register of Deeds which are identified as mitigation property pursuant to a mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, action ID as further set forth in Article All of the Mitigation Property Conservation Area (as said term is defined in Section ) shall be maintained in its natural or mitigated condition. Notwithstanding anything to the contrary in the Governing Documents, no person or entity shall perform any of the following activities on such Mitigation Property Conservation Area: (a) fill, grade, excavate or perform any other land disturbing activities; (b) except for necessary manual operations, cut, mow, burn, remove, or harm any vegetation; excluded are activities necessary for fire suppression, removal of hurricane, storm and flood damage and debris, or removal of material for disease control; (c) construct or place any roads, trails, walkways (except as set forth hereafter), buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures; (d) drain or otherwise disrupt or alter the hydrology or drainage ways of the Mitigation Property Conservation Area; (e) dump or store soil, trash or other waste; or (f) graze or water animals, or use for any agricultural or horticultural purpose. Applicability. The covenants and restrictions described in ARTICLE are intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID ; and therefore may be enforced by the United States of America. The covenants and restrictions described in ARTICLE are to run with the land title to the Mitigation Property Conservation Area, and shall be binding on and shall inure to the benefit of the Owner(s)..thereof, all parties elai ing under- it having any right, title or interest in the Mitigation Property Conservation Area or any part thereof, their heirs, successors, and assigns. Amendment. DECLARANT hereby reserves the right to impose additional restrictions upon the Mitigation Property Conservation Area as and to the extent required by the terms of said Clean Water Act authorization (including, but not limited to revision(s) to the Mitigation Property Conservation Area described in Exhibit that are consistent with the definition provided in Section ). Such additional restrictions may be imposed by DECLARANT by the recording of a Supplemental Declaration, and no joinder or consent of the Association or any other Owner or Person (other than the United States of America, U.S. Army Corps of Engineers, Wilmington District, or its successor) shall be required on such 77758 Supplemental Declaration. Notwithstanding anything to the contrary in the Governing Documents, the covenants and restrictions described in ARTICLE may not be altered or rescinded (other than revision(s) to the Mitigation Property Conservation Area described in Exhibit that are consistent with the definition provided in Section ) without the express written consent of the United States of America, U.S. Army Corps of Engineers, Wilmington District, or its successor. Elevated Paths, Walkways, and Boardwalks. DECLARANT herby reserves the right, subject to any and all required approval(s) of the U.S. Army Corps of Engineers, Wilmington District, or its successor, to construct elevated paths, walkways, and/or boardwalks to traverse the Mitigation Property Conservation Area and/or be located adjacent to the Mitigation Property Conservation Area. Nothing in this Section shall be construed as a representation by DECLARANT or the Brunswick Forest Master Association, Inc. as to what, if any, paths, walkways, and/or boardwalks, if any, shall be constructed and provided for the use of the Owners. 77758 A LF.?WA ,51a C®E North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary May 26, 2005 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Funston Land & Timber, LLC Mr. Allen Jeffergon Earp, Mgr. _ PO Box 100 Winnabow, NC 28479 RE: Project Name: Brunswick Forest, Phase 3 Acres Approved: 366 Project ID: Bruns-2005-347 -EXPRESS OPTION County/Street: Brunswick, US Hwy. 17 River Basin: Cape Fear Submitted By: Hanover Design Services, PA Date Received by LQS: May 24, 2005 Plan Type: NEW Dear Mr. Earp: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-54.1)(b). Please be advised that Title 15A NCAC 4B.01 18(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance-oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 1 Phone: 910-796-7215 / FAX: 910-350-2004 Letter of Approval with Modifications and Performance Reservations Mr. Allen Jefferson Earp May 26, 2005 Page 2 of 4 Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land-disturbing activity. This approval does not supersede any other permit or approval. Please be aware that your project will be covered by the enclosed NPDES General Stormwater Permit NCGO1000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you have provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Carol N. Miller Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval Modifications and Performance Reservations NPDES Permit cc: Mr. David Brown, Hanover Design Services, PA LQS-WiRO Letter of Approval with Modifications and Performance Reservations Mr. Allen Jefferson Earp May 26, 2005 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Brunswick Forest, Phase 3 Project ID: Bruns-2005-347 - EXPRESS OPTION County: Brunswick 1. This plan approval shall expire three (3) years following the date of approval, if no land disturbing activity has been undertaken, as is required by Title 15A NCAC 413.0029. 2. The developer is responsible for the control of sediment on-site. If the approved erosion and sedimentation control -measures-prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out is necessary anytime the device is at 50% capacity. 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches. 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include agencies such as the Division of Water Quality's stormwater regulations, their enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Quality, the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWQ, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an Letter of Approval with Modifications and Performance Reservations Mr. Allen Jefferson Earp May 26, 2005 Page 4 of 4 adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval. 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. A single use borrow site or an area to waste material is only permissible if it is operated under the total control of the Financially Responsible person or firm who is developing this site and has been separately permitted and incorporated as part of this plan meeting all the requirements of NC General Statue 74-49(7)f. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 366 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures. 8. Because the stormwater retention ponds are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the ponds and their collection systems be installed before any other grading takes place on site. If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the ponds are fully functioning. . 9. It is assumed that the stockpile slopes will be no steeper than a 2 horizontal to 1 vertical ratio. If it is necessary for the slopes to be any steeper, a revised plan will be necessary. 10. The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in which to re-establish vegetative groundcover. Slopes (including cuts, fills, and ditch banks) left exposed will, within 15 working days or 30 calendar days (whichever is shorter) after completion of any phase of grading, be planted or otherwise provided with groundcover sufficient to permanently restrain erosion. CE North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary 8/24/2007 LETTER OF APPROVAL, WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Funston Land & Timber, LLC Mr. Allen Jefferson Earp, Manager 1007 Evangeline Dr. Leland, NC 28451 RE: Project Name: Brunswick Forest Ph 5 Express Review Project ID: Bruns-2008-084 County/Town/Street: Brunswick, Leland, US Hwy 17 River Basin: Cape Fear Submitted By: Hanover Design Services, P.A. Date Received by LQS: August 23, 2007 Plan Type: NEW Dear Mr. Earp: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-54.1)(b). Please be advised that Title 15A NCAC 4B.01 18(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance-oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-796-72151 FAX. 910-350-2004 Letter of Approval with Modifications and Performance Reservations Mr. Allen Jefferson Earp August 24, 2007 Page 2 of 4 Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land-disturbing activity. This approval does not supersede any other permit or approval. Please be aware that your project will be covered by the enclosed NPDES General Stornnwater Permit NCGO1000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Fonn, which you have provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Carol N. Miller Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval Modifications and Performance Reservations NPDES Permit cc: David Brown, Hanover Design Services LQS-WiRO Letter of Approval Nvith Modifications and Performance Reservations Mr. Allen Jefferson Earp August 24, 2007 Page 3 of 4 A10DIFICAT'IONS AND PER>FORNIIANCE RESERVATIONS Project Name: Brunswick Forest Ph 5 Project ID: Bruns-2008-084 County: Brunswick This plan approval shall expire three (3) years following the date of approval, if no land disturbing activity has been undertaken, as is required by Title 15A NCAC 4B.0029. 2. The developer is responsible for the control of sediment on-site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out is necessary anytime the device is at 50% capacity. 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches. 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include agencies such as the Division of Water Quality's stonnwater regulations, their enforcement requirements within Section 401 of the Clean Water Act, the U.S. Anny Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Envirommental Protection Agency and/or The U.S. Anny Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Quality, the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWQ, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an Letter of Approval with Modifications and Performance Reservations Mr. Allen Jefferson Earp August 24, 2007 Page 4 of 4 adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval. 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. A single use borrow site or an area to waste material is only permissible if it is operated under the total control of the Financially Responsible person or fine who is developing this site and has been separately permitted and incorporated as part of this plan meeting all the requirements of NC General Statue 74-49(7)f. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 73 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures. 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of 8.0 feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than 6 feet apart. 9. Because the storrmwater retention ponds are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the ponds and their collection systems be installed before any other grading takes place on site. If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the ponds are fully functioning. 10. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical. 11. The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in which to re-establish vegetative groundcover. 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