HomeMy WebLinkAbout20041197 Ver 1_COMPLETE FILE_20040721OF \NATF9 Michael F. Easley, Governor
\Q? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
> .i Alan W. Klimek P.E., Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 30, 2004
Hunter Development Corporation WETLANDS 1401 GROUP
Attn: Mr. Michael Tuton
P 2004
14 P.O. Box 1066
Jacksonville, NC 28541
Subject: 401 Water Quality Certification
Acorn Forest Townhomes
WQC Project #04 1197
Onslow County
Dear Mr. Tuton:
The Wilmington Regional Office received your Pre Construction Notification application for
0.068 acres of wetland fill for the Acorn Forest Townhomes Stormwater pond in Jacksonville, Onslow
County. This office has no objection to your project as proposed. You are authorized to proceed under
General Water Quality Certification (GC) # 3402 (attached). This Certification allows you to use your
404 Permit when the Corps of Engineers issues it. Written concurrence from the Division of Water
Quality (DWQ) is not required provided that you can meet all of the conditions of the General
Certification.
During the site visit on August 25, 2004, it was noted that a utility line was being placed in
wetlands that is not covered under the application or the GC. DWQ suggests that you contact Lillette
Granade of the USACE to modify your permit and copy DWQ. If a permit has been issued, please send a
copy to me.
If at anytime during construction of your project you determine that you cannot meet these
conditions or if there are any additional impacts to wetlands or water quality not described in your
application, you must contact this office immediately.
3900.
If you have any questions concerning this matter, please do not hesitate to call me at (910)-395-
Scerely,
t ?.
oanne Steenhuis
Environmental Specialist III
Attachment
cc: Cyndi Karoly, 401 Wetlands Unit
Lillette Granade, USACOE - Wilmington
Tim Stewart - Parker and Associates
WiRO
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service
Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 On?e?7,
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Noi thCarolina
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MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Acorn Forest Townhomes c/o Hunter Development County Onslow
Project Number 04 1197 County2
Recvd From APP Region Wilmington
Received Date 7/21/04 Recvd By Region
Project Type stormwater detention pond / slope
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
18 forested W-7- _0N r- 19-9 SC NSW 30,502. 0.07
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: OQ Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 344633 Longitude (ddmmss) 772504
Comments:
A letter with a coley of the DWQ General Certification was sent 8/30/04. JIHS
cc: Regional Office
Central Office Page Number 1
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Triage Check List
Date: 5t T)_"? 3 ° Project Name: `-" C`? r?,-v
DWQ#: 1 N 74
County:
0'-s ("-.,
To: ? ARO Kevin Barnett ? WaRO
? FRO Ken Averitte iRO Noelle Lutheran
? MRO Alan Johnson ' WSRO
? RRO Mike Horan
From: &°,
Telephone : (919) 1?I-??2-?-
The file attached is being forwarded to 'ur for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: T>Sue . ti? NoJ -?-c?-
PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
(910) 455-2414 + Fax: (910) 455-3441
July 30, 2004
Mr. John Dorney
DWQ Wetlands/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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X11AN? !4.01 r p,0Up
AUG () -?, 2UU4
WATER QUALITY SECTIotV
RE: Acorn Forest Town Homes
DWQ Project #04-1197
Unslow County
Dear Mr. Dorney:
This letter is in response to your request for additional information in a letter from you
dated July 27, 2004 concerning the above reference project.
We always try to avoid impacting wetlands if possible and, if not possible, we definitely
try to minimize it to the greatest extent possible. In this case, we have minimized it as much as
possible without losing housing units. The City of Jacksonville required that we put in the two
large radius turn arounds within the project which caused the project to be wider than anticipated
and created a very tight site.
We are requesting to impact only 0.068 acres of wetlands and that is because the small
drainage finger of wetlands comes up into the middle of the site. We are not proposing to impact
any wetlands immediately adjacent to the creek. We are creating almost that much wetlands by
constructing the required 10' wide vegetated shelfs, within the pond, that have to be planted with
wetland plant species. Almost that much again will become a permanent pond which will be
used by wetlands animals.
We did originally look at, and I just looked at again, the possibility of placing the required
stormwater pond behind buildings #3-5, but it just won't work. We would like to provide at least
a 10'-15' wide back yard for the buildings prior to installing the City of Jacksonville required
landscaping and fencing around the pond which takes up another 10' prior to sloping off to the
pond at a 3:1 slope. Even if we installed a retaining wall at 25' from the buildings, the pond still
has to have a 3:1 slope from the temporary pond elevation to the permanent pond elevation and
then a 10' wide vegetated shelf on both sides of the pond and a minimum of a 5' bottom in the
pond. Also, typically when we install a pond along/parallel to wetlands, we have to build
up/create a berm on the lower side of the pond by sloping up at a 3:1 slope to the top of the berm
then having a 6-10' wide berm then slope back down at a 3:1 slope. This usually takes up
another 20 feet. We did not have to do this for the existing designed pond, except at the lower
ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS
PARKER & ASSOCIATES, INC. apinS Horiz s
Consulting Engineers - Land Surveyors - Land Planners
/?r- 306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
(910) 455-2414 + Fax: (910) 455-3441
area, so we were left with a 10'-15' wide buffer area prior to the wetlands along Little Deep Gully
Branch.
As you can see, we would need the building to be at least 20'-30' further away from the
wetlands. Than we have them, to get the ponds behind the buildings and then they would be right
up against the wetlands and very close to the branch. In addition, two smaller ponds would not
help because the width is the problem, not the length.
We have already received: City of Jacksonville City Council approval of the plans, the
Erosion Control Permit; the Stormwater Management Permit; the U.S.A.C.E. Wetlands Permit;
the Water Permit; and the Sewer Permit.
I think we have minimized the wetlands impact as much as possible, therefore, we are
requesting that the 401 permit be issued for the project as designed. If you have any questions, or
need any additional info, please call.
Sincerely,
PARKER & ASS I TES, INC.
Timothy M. to art, P.E.
xc: Mike Tuton
Noelle Lutheran
Laurie Munn (w/ enclosures)
Jennifer Frye (w/ enclosures)
CF (P) LAM, JAH
TMS/adr
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ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
July 27, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Hunter Development Corporation
Attn: Mr. Michael Tuton
Post Office Box 1066
Jacksonville, NC 28541
Subject Property: Acorn Forest Townhomes
REQUEST FOR MORE INFORMATION
Dear Mr. Tuton:
DWQ Project # 04-1197
Onslow County
On July 21, 2004, the Division of Water Quality (DWQ) received your application dated June 10, 2004 to
impact 0.068 acres of wetlands to construct the proposed stormwater detention pond. The DWQ has
determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required by 15A
NCAC 211.0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
This Office believes that the stormwater pond can be moved or reconfigured to avoid the impacts to
the wetlands. Please revise the plans to avoid the impacts. Suggested alternatives include: moving
the pond to the north-side of the buildings 3-6, creating 2 or more smaller ponds to treat impervious
cover, or use of a smaller stormwater treatment device with a level spreader at outlet to discharge
pre-treated stormwater in diffuse manner into wetlands.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Noelle Lutheran of the DWQ Wilmington Regional Office. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Hunter Development
Page 2 of 2
July 27, 2004
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ed Schwartzman or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Y
John Dorney,
J'j DWQ, Wetlands / 401 Unit
JRD/bs
cc: Parker & Associates, Post Office Box 976, Jacksonville, NC 28541-0976.
Noelle Lutheran, DWQ Wilmington Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Filename: \'04-1197 Acorn Forest Townhomes (Onslow) On Hold
PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
(910) 455-2414 + Fax: (910) 455-3441
Ms. Cyndi Karoly
NCDENR - Division of Water Quality
Wetlands/ 401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Ms. Karoli:":i 1 9
Jul y 12, 2004
4000 '
WETLANDS/ 401 GROUP
JI,J!. ? '? 2(m
Wr1l i QWkLiTY SECTION
Re: Acorn Forest Townhomes
Onslow County, NC
On June 29, 2004, the U.S. Army Corps of Engineers issued a Nationwide
Permit No. 18 for this project and stated that we must also submit to you and receive a
Water Quality Certification prior to beginning work. Enclosed are two (2) copies of the
completed Pre-Construction Notification Application Form and associated Exhibit Maps
(4 total) for the referenced project. This application is to construct a stormwater
detention pond and fill a small area of wetlands to serve the project.
If you have any questions or need any additional information, please give me a
call.
Sincerely,
PARKER & ASSO IATES, INC.
Timothy M St wart, P.E.
Enclosures
xc: Mr. Mike Tuton
CF(P), LAM
TMS/ads
c13MS.Frye. Acorn. Itr.7.12.04
ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS
FILE COPY
U.S. ARMY CORPS OF ENGINEERS
WII..MINGTON DISTRICT
acksonville, NC 28541
Action Id.: 200301147 County:nnslow Quad: Jacksonville North
GENERAL PER UT (REGIONAUAND NATIONWIDE) VERIFICATION WHO
Applicant: Hunter Development Corporation ?F?HO
Attn: Mr. Michael Tuton 20
JO 1066 11 A I 1 0 7 .1U1Telephone No: 910-577-1441
Size and Location of project (water body, road name/number, town, etc.): The 4.92 acre tract, known as Acron?
Forest Townhomes, is located at the end of Bracken Street, off Dewitt Street, in wetlands and an unnamed i I?? ^7
tributary to Mill Creek, in Jacksonville, Onslow County, North Carolina. V
Description of Activity: The excavation and placement of fill material into 0.068 acres of jurisdictional
wetlands associated with the construction a stormwater detention pond for the Acorn Forest Townhomes
residential development.
Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899) WETLANDS / 4Q1 GROUP
Authorization: NATIONWIDR PERMIT NTJMRF.R 1R: JUL. 2 1 20U4
MTNOR DTSC'HARGES
See attached for terms and conditions of this Nationwide Permit WATER QUALITY SECTION
The Permittee shall execute and cause to be recorded In the Onslow County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as
shown on the Acorn Forest Townhomes Wetlands Map, (dated May 18, 2004 and signed by the USACE on
May 24, 2004), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other
property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior
to conveyance of the property, shall take no action on the property described in the covenants inconsistent
with the terns thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps
of Engineers within 15 days of recording.
A copy of the RESTRICTIVE COVENANT GUIDANCE (August 2003), is attached to this Verification for
your reference and use.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above. is checked), before beginning work you must also receive a Section 401 water ua 'ty
certification from the N.C. Department ' of Envuo i?anYT*Jatliral Resources- Division of t tel e
?? . (19) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C.
Division of Coastal Management, telephone (919) 733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or the NWP referenced above may subject the peimittee to a stop work order, a restoration order, and/or
appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the
responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work
This verification will be valid for two years from the date of this letter unless the nationwide authorization is
modified, reissued or revoked. Also, this verification will remain valid for the two years if, during that period, the
nationwide permit authorization is reissued without modification or the activity complies with any subsequent
modification of the nationwide permit authorization. If during the two years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: June 9, 2004
Corps Regulatory Official: Jennifer S. Frye 5¢;--?-?iephone No.: (910) 251-4923
Expiration Date of Verification: June 29, 2006 (J ?ff v
CESAW Forth 591
Revised July 1995
cc: Parker & Associated, Inc., PO Box 976, Jacksonville, NC 28541
Noelle Lutheran, NCDENR-DWQ WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
RESTRICTIVE COVENANT GUIDANCE
August, 2003
Often, developers of residential or commercial subdivisions subject the property on
which the subdivision is built to restrictive covenants, that include provisions such as
setbacks, types of homes/buildings that can be built, etc. If the District has determined
that restrictive covenants are acceptable as a means of preserving mitigation property, the
following language can be added to those restrictive covenants:
"The areas shown on the recorded plat (identi)? the plat by title, date, and
recording data) as conservation areas shall be maintained in perpetuity in their
natural or mitigated condition. No person or entity shall perform any of the
following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, 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 conservation area
e. dump or store soil, trash, or other waste
f, graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is 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. This covenant
is to run with the land, and shall be binding on the Owner, and all parties claiming
under it."
Usually, restrictive covenants have a provision that the property owners (either all of
them or some percentage of them) can amend or modify the restrictive covenants. If that
is the case, that provision needs to provide that our required paragraph (usually identified
by paragraph number) cannot be amended without the express written consent of the U.
S. Army Corps of Engineers, Wilmington District.
The permit condition should state that the permittee will record restrictive covenants,
acceptable to the Corps of Engineers, for the purpose of maintaining the mitigation areas
in their natural state in perpetuity, prior to the sale or conveyance of any lots or other
property within the subdivision. It is important that the restrictions be recorded prior to
the sale of any property within the subdivision (or phase, if it is being developed by
phase). If they are not, then any property sold prior to the recording of the restrictive
covenant are not subject to those covenants. Suggest the following:
PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street + P.O. Box 976
Jacksonville, NC 28541-0976
(910) 455-2414 + Fax: (910) 455-3441
Ms. Jennifer Frye
US Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Re:
Dear Ms. Frye:
June 10, 2004
Acorn Forest Townhomes
Onslow County, NC
Enclosed is a completed Pre-Construction Notification Application Form and
associated Exhibit Maps (4 total) for the referenced project. This application is to
construct a stormwater detention pond and fill a small area of wetlands to serve the
project.
Please also find enclosed a letter from the Owner, Hunter Development Corp,
granting us permission to act as their Agent on this project. If you have any questions
or need any additional information, please give me- a call.
Sincerely,
PARKER & ASSOCIATES, INC.
---rk
Timothy M. Stewart, P.E.
Enclosures
xc: Mr. Mike Tuton, (w/enclosures)
CF(P), LAM
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c2Atms=ornf6r. Frye.6.8.04
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ENVIRONMENTAL ENGINEERING + STORM WATER MANAGEMENT + WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING + FEASIBILITY REPORTS + COMPUTER AIDED DESIGN + CONSTRUCTION PLANS
HUNTER DEVELOPMENT CORP.
P.O. BOX 14046
JACKSONVILLE, NORTH CAROLINA
PHONE (910) 577-1441 FAX (910) 577-7319
June 9, 2004
To Whom It May Concern:
I, Michael G. Tuton, authorize Timothy M. Stewart, P.E., and/or John W. Parker,
P.L.S. of Parker & Associates, Inc. to act as my Agent in the processing of any and all
permits associated with the Acorn Forest Townhomes, project.
Sincerely,
Michael G. Tuton, President
MGT/gsk
xc: Parker & Associates, Inc.
File
c2 Atms\acomfo r.tuton.6.8.04
Office Use Only: Form Version May 2002
4 7
USACE Action ID No. DWQ N P
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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
2. Nationwide, Regional or General Permit Number(s) Requested: 18
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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
1. Owner/Applicant Information
Name: HUNTER DEVELOPMENT CORPORATION
Mailing Address: P.O. BOX 1066
JACKSONVILLE, NC 28541
Telephone Number: (910) 577-1441 Fax Number: (910) 577-7319
E-mail Address: N/A
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: TIMOTHY M. STEWART, P.E. or JOHN W. PARKER, P.L.S.
Company Affiliation: PARKER & ASSOCIATES, INC.
Mailing Address: P.O. BOX 976
JACKSONVILLE, NC 28541
Telephone Number: (910) 455-2414 Fax Number: (910) 455-3441
E-mail Address: paitextna bizec.rr:com
Page 1 of 8
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
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 maps are provided.
1. Name of project: ACORN FOREST TOWNHOMES
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 437711571322
4. Location
County: ONSLOW Nearest Town: JACKSONVILLE
Subdivision name (include phase/lot number): ACORN FOREST TOWNHOMES
Directions to site (include road numbers, landmarks, etc.): FROM US 17 & HWY 24
INTERSECTION, TAKE US 17 NORTH TO THE GUM BRANCH ROAD
INTERSECTION, TURN LEFT, GO 3/4 MILE, TURN LEFT ON DEWITT ST.,
TAKE 2" RIGHT ON BRACKEN PLACE, PROJECT IS AT END OF ROAD
5. Site coordinates, if available (UTM or Lat/Long): N 34° 4613311 W 77° 25' 04"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 4.65 ACRES
7. Nearest body of water (stream/river/sound/ocean/lake): MILL .CREEK
8. River Basin:WHITE OAK
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn•//h2o.enr.state.nc.us/admin/maus/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: CLEARED
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
EQUIPMENT TO BE USED ARE CONVENTIONAL MOTOR GRADERS FOR
GRADING OF ROADS AND PARKING AREAS AND EXCAVATOR FOR PIPE
INSTALLATION AND STORMWATER POND CONSTRUCTION.
11. Explain the purpose of the proposed work: AREA 1 - STORMWATER DETENTION
POND TO COMPLY WITH STORMWATER RULES. AREA 2 - FILL SMALL
AREA TO CONSTRUCT 3:1 SLOPE
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.
NONE
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.
NO
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Page 3 of 8
1. Provide a written description of the proposed impacts:
7 TnrliuMiially list wetland imnactc below'
Wetland Impact
Site Number
indicate on ma --
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 EXCAVATION 0.064 YES 75' FORESTED
WETLANDS
2 FILL 0.004 YES 25' FORESTED
WETLANDS
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading,
fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRK, or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at httn://www.femaaov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.372
Total area of wetland impact proposed: 0.068
1 Tndiv;ri„ally lief all intermittent and perennial stream imt)acts below: (NONE)
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases ecify)
* List each impact separately and identify temporary impacts. Impacts include, but are not umtted to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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 must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com.
www.manduest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: (NONE)
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
d d'
* List each impact separately and identify temporary impacts. Impacts include, but are not lmuted to: fill, excavation, re ging,
flooding, drainage, bulkheads, etc.
5. 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., damlembankment, excavation, installation of draw-down valve or
spillway, etc.): Excavation and construction of berm
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater
requirement, etc.): stormwater requirement
Size of watershed draining to pond: 2.56 Expected pond surface area: 4448 SY
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.
DESIGNED POND LONG & NARROW SO THAT IT IMPACTS ONLY A LITTLE
FINGER OF WETLANDS EXTENDING UP INTO THE SITE THE CITY OF
JACKSONVILLE REQUIRED TWO TURN AROUND RADIUS AREAS WHICH MADE
THE IMPERVIOUS AREA LARGER.
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.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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
htti)://h2o.enr.state.nc.us/ncwetlands/strmaide.html.
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 REMAINDER OF WETLANDS NOT TO BE IMPACTED WILL BE
PRESERVED IN A COMMON AREA AND A CONSERVATION EASEMENT
SECTION CONCERNING WETLANDS WILL BE RECORDED IN THE PROJECT
RESTRICTIVE COVENANTS. PREVENTING ANY FUTURE WETLANDS
DISTURBANCES.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htti)://h2o.enr.state.ne.us/wM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
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):
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular ttom near bank of channel; zone oatcuu a••
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation
or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information
as identified within 15A NCAC 2B .0242 or .0260.
NI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
TOTAL ONSITE ACREAGE IS 4.65. THE PROPOSED IMPERVIOUS AREA IS 28
PERCENT THE PROPOSED IMPERVIOUS AREA NOT INCLUDING WETLANDS.
IS 52.3 PERCENT. THE STORMWATER POND WILL TREAT THE PROJECT
RUNOFF PRIOR TO ALLOWING IT TO DISCHARGE INTO THE CREEK.
XH. 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.
CITY OF JACKSONVILLE PUBLIC SEWER
NM. 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. 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).
Applic t/A nt's Signature Date
(Agent's signatur is *fid only if an authorization letter from the applicant is. provided.)
Page 8 of 8
NwY 24/25b
?k'Y. 24
VICINITY SKETCH - EXHIBIT MAP I - Sheet 1 of 4
ACORN FOREST TOWNHOMES Hunter Development Corp.
P.O. Box 1066
Jacksonville Twp., Onslow Co.. North Carolina Jacksonville, North Carolina 28541
Date:0ot 4 Parker & Associates Inc. .?g Bor1=o
Scale: Not to to scale f gb ds
Filename: Consulting Engineers P.O. Box 978 - 88641-0976
Acorn Exhibit I dwg Land Surveyors -Land Planners 906 New Bridge Street - 28640
JackmonviHe
0) 466-24 910) 455-24, North Carolina
Disk: Arad 8488 Phone (1
Drawn :JJS 14 - Fax (910) 466-9441
I By
t, Wetlands
Impact Area No. 2
(See Blow-Up on
$ Exhibit Map IV
Sheet 4 of 4)
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? Line
\ Wetlands
1 I t Line / 1 04
;;11 Wetlands
1 \ / Wetlands
Line
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I ?/ / ???? ? I 11 tal.r. 1 Ilfl, Illj;?, i I 1 1 11
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Wetlands
Impact Area No.
(See 51ow-Up on
Exhibit Map III
Sheet 3 of 4)
OVERALL PROJECT - EXHIBIT MAP II - Sheet 2 of 4
r
1
??- J / \ \
Wetlands
/I/ Wetlands Line
ACORN FOREST TOWNHOMES Hunter Development Corp.
P.O. Box I OGG
Jackson\nlle UP- Onslow Co., North Carolina Jacksomile, North Carolina 28541
Date: O6/ I O/)4
scale: I'- I OCY
Filename:
Acorn Cxhibit2.dwg
Disk: Arad 8488
Drawn BY: JJ5
Parker & Associates, Inc. gba1?4 $or1=oQa
Consulting Engineers
Land Surveyors - Land Planners
P.O. Box 976 - 29641-0976
909 New Bridge Street - 29640
Jacksonville, North Carolina
Phone (910) 466-2414 - Pax (910) 466-9441
TOP 13.0
INV. 10.5
Wetlands / 10 / 10.0
Line %
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ELEV. . 4.5
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IMPACT AREA No. 1
2, 614 S. F. (See Detail
RELEASE SWALE TO
NATURAL GRADE WITH
LEVEL SPREADER.
WETLANDS INWACT No. I - EXHIBIT MAP III - Sheet 3 of 4
ACORN FOREST TOWNHOMES Hunter Development Corp.
P.O. Box 1066
Jacksonville Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28541
Date: 0, 10,04 Parker & Associates, Inc. (2)
Scale: I "-30' Filename: Consulting Engineers P.O. Box 976 - 28541-0976
Acorn_6chibit3.dwg Land Surveyors - Land Planners 306 New Bridge Street - 29540 Di5k D awn Arad J8S8B Phone (91055--2414 - North Carolina Pax (910) 455-3441
ISS in
creek
Bobby Ray 4
Peggy Ann Morton
D.B. 700, Pg. 651
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IMPACT AREA No. 2
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WETLANDS IMPACT No. 2 - EXHIBIT MAP IV - Sheet 4 of 4
ACORN FOREST TOWNHOMES Hunter Development Corp.
P.O. Box 1066
Jacksonville Twp., Onslow Co., North Carolina Jacksonville, North Carolina 28541
Date: OQ 1=4 Parker & Associates Inc. Borizp
Scale: 0-40' ! gba as
Filename: Consulting Engineers P.O. Box 976 - 28541-0976
Acorn_rxhibit4.dwg Land Surveyors - Land Planners 306 New Bridge Street - 25540
Disk: Arad 8488 Jaelnonville. North Carolina
Drawn :JJ5 Phone (910) 455-2414 - Fax (910) 455-5441
(7 1 s
DWt# y ?I Date a Who Reviewed:
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
Sfol'is-? ?./a4e r PO??d
T?s O ce believes that the can be moved or reconfigured to avoid the im acts to the
?G+?a?1 .Please revise the plans to avoid the impacts. s ?q q E 5.}-eci ':;L r1961 4-1 Ves P? C -?
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over I acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
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UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
q 1 ItIIII?tiil3?lttllt3i!I!! !tlilit?t?l??!ltilltt?t?!I?[tFtl?li?
I Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
I Print your name and address on the reverse
so that we can return the card to you.
I Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Hunter Development Corporation
Post Office Box 1066
Jacksonville. NC 28541
DWQ# 04-1197 - Onslovr
A. Signature .-
41
4A
4gent
,111
,,
Addressee
B. Received by (Printed Name) C. Date of Delivery
Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: No
&6
3. Service Type
& Certified Mail ? Express Mail
? Registered I% Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
Article Number 7001 2510 0009 0250 7250
(Transfer from service label)
C P- 3A11 Fehri i?ni 9nnd n-0in P.h- Racaint 109F95-09-M-1 r40