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HomeMy WebLinkAbout20041545 Ver 1_Complete File_200409170 WAIF Q I io'- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 27, 2004 Greenville Timberline C/o Mr. Kendall Turnage 150 E. Arlington Blvd., Suite E Greenville, NC, 27858 Subject Property: Greenville Timberline: Harvest Pointe Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-1545 Pasquotank County Approval of 401 Water Quality Certification (GC3351) with Additional Conditions Dear Mr. Turnage: You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact 0.08 acres of waters to construct a community boat ramp and boating access facility on the subject property as described in your application received by the Division of Water Quality (DWQ) Wetlands/401 Unit on September 17, 2004. After reviewing yorltr application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3351 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and LAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404/LAMA Wetlands 0.08 (acres) DCM Field Investigation Report None Carol a 401 Wetlands Certification Unit Aa MAWA 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 t:rabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 / FAX 919-733-6893 / Internet: httn://h2o.enr.state.nc.us/ncwetlands Mr. Kendall Turnage Page 2 of 2 October 27, 2004 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3351. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions\are final and binding unless you ask for a hearing.' This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 1-252-946-6481. Sincerely, Alan W. Klimek, P.E. AWKlcbk Enclosures: GC 3351 Certification of Completion cc: Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 Doug Huggett, DCM USACE Washington Regulatory Field Office DWQ Washington Regional Office File Copy Central Files Filename: 041545 Greenville(Pasquotank)401 MEMORANDUM TO: John Dorney Regional Contact: Kyle Barnes Non-Discharge Branch WQ Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Greenville Timberline : Harvest Pointe County Pasquotank Project Number 04 1545 County2 Recvd From DOT Region Washington Received Date 9/17/04 Recvd By Region Project Type pier, boat ramp, parking area Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. CAMA 404 FT-0- O Y O N F_ 30-3-16-(2) SC _- 30,150. 0.03 Waters O Y 8 N F-30;--(15) 5C F_ 30,150. 0.04 F- O Y O _NF_ I r F_7_ F_ F_ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c KB 10/13/04 cc: Regional Office Central Office Page Number 1 A ? NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 16, 2004 MEMORANDUM: 041545 TO: Mr. John R. Dorney WETLANDS/ 401 GROUP Environmental Biological Supervisor SEP 1 Division of Water Quality 2U[l4 FROM: Doug Huggett WATER QUALITY SECTION Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Greenville Timberline Project Location: Off Harvest Point Road (SR 1111), Weeksville, and on Newbegun Creek Proposed Project: Community Boating Access with Pier, Boat Ramp, and Parking Area Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 7, 2004, to Hestron Plaza II, 151-B Hwy 24, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Frank Jennings at (252) 264- 3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight . ' DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Greenville Timberline (Harvest Pointe) 2. LOCATION OF PROJECT SITE: Off Harvest Point Road (SR 1111), Weeksville, Pasquotank County, and on Newbegun Creek Photo Index - 2000: 168-1916 (E-16) 1995: 168-1717 (F-12) 1984: 121-756 (N,O-6) State Plane Coordinates - X: 2849800 Y: 909450 Wade Pt., NC GPS: E083117A UL p41546 3. INVESTIGATION TYPE: CAMA, D&F WETLANDS / 4Q1 GROUP U' 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 08/31/04 Was Applicant Present - No SEP 17 2004 5. PROCESSING PROCEDURE: Application Received Complete - 08/24/0 ATER QUALITY SECTION Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pasquotank Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES (C) Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - None Planned - Pier, boat ramp, and parking area (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] T,u?r?r.Fn FTT.T T..T) SHADED (A) Vegetated Wetlands: 404 Estuarine Shoreline Boat Ramp 1000 sq. ft. Pier 390 sq. ft. (B) Estuarine Shoreline: Uplands 1000 sq. ft. (C) High Ground 9000 sq. ft. 60 sq. ft. (D) Public Trust Area, Estuarine Waters 600 sq. ft. ? 1260 sq. ft. (E) Total Area Disturbed: 13,310 sq. ft. (.305 acres) (F) Primary Nursery Area: No (G) Water Classification: SC Open: No FIELD INVESTIGATION REPORT: Greenville Timberline (Harvest Pointe) Page 2 PROJECT SUMMARY: The applicant proposes to construct a community boat ramp and a 10-slip boating access facility on his property located on Newbegun Creek. PROJECT SETTING The location of the proposed development site is within a 102-acre tract of farmland that is being converted to a 45-lot residential subdivision, located on Harvest Point Road (SR 1111) in the Weeksville area of Pasquotank County. The development site is located on Newbegun Creek near the mouth of the creek and the Pasquotank River. The developer has dedicated a .76-acre lot for a community water access area. The property is mostly flat and vegetated with field grasses. The shoreline area of the property is a cypress fringe of 404 wetlands with pine along the upland embankment. The property has an irregular Normal Water Line (NWL) that is approximately 105 linear feet. The adjacent property to the east is farmland of similar physical characteristics, and the adjacent property to the south is farmland with an extensive gum/cypress swamp along the shoreline. The waters of Newbegun Creek in this area are classified as SC by the Division of Environmental Management and are closed to shellfish taking. The water depths at the site range from -1.5 feet near shore to -4 feet, and the bottom is fine sand and silt. DEVELOPMENT PROPOSAL In order to provide water access for the interior lots of the subdivision, the applicant proposes to construct a community boating access area that consists of a 6-feet wide and 195-feet long pier, six 6-feet wide and 15-feet long finger piers, five mooring pilings, a 10-feet wide and 44-feet long concrete boat ramp, a gravel driveway to the boat ramp with a turning area, and a 60-feet wide and 100-feet long gravel parking area. There is no request for restrooms, gasoline, or a sewage pumpout with this development proposal. There is no request for dredging with this development proposal. The applicant indicates that approximately 21 cubic yards of fill material will be required for the ramp foundation below the NWL and approximately 75 cubic yards of fill material will be required in the wetland area. The pier structure will have 10 designated mooring slips. FIELD INVESTIGATION REPORT: Greenville Timberline (Harvest Pointe) Page 3 ANTICIPATED IMPACTS The proposed pier will project approximately 120 feet out into Newbegun Creek, and will shade approximately 1,260 square feet of Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AEC), 390 square feet of 404 wetlands, and 60 square feet of uplands within the Estuarine Shoreline (ES) AEC. The proposed boat ramp and associated fill required for construction will result in 600 square feet of PTA, EW AECs being filled, and 1,000 square feet of 404 wetlands within the ES AEC being filled. The ramp approach and turning area will result in 1,000 square feet of ES, AEC and 3,000 square feet of upland area being covered by crushed rock. The parking area will result in 6,000 square feet of upland being covered by crushed rock. Each boat slip will be approximately 10 feet by 20 feet, and the entire mooring area will occupy 3,500 square feet. Boating activity will increase in this area. This will be the first pier along this shoreline. Temporary water turbidity will occur during construction. Submitted by: Frank A. Jennings, III Date: Created September 7, 2004 and Revised on September 15, 2004 CAMA MAJOR NARRATIVE Harvest Pointe Applicant: Greenville Timberline Pasquotank Co, NC ,tzar. AC Harvest Pointe is a newly developed Subdivision located in Weeksville, NC in Pasquotank County. The 102.00 acre property is located at the confluence of Newbegun Creek and the Pasquotank River and contains 7.02 acres of 404 jurisdictional wetlands. The subdivision created 45 residential lots and one community boating access site. The applicant proposes the following activities within the AEC to create a community boating access area 1. 195 LF X 6 ft pier 2. Six 15ft X 6 ft finger piers 3. Create 10 proposed boat slips 4. Install 5 mooring pilings 5. 40' X 10' X 0.33' Concrete boat ramp and required fill activities 6. Gravel access to boat ramp and required fill activities The Community boating access site is located on the north shore of the property adjacent to Newbegun Creek and contains 0.76 acres. 404 wetlands exist on this site selected by Greenville Timberline for the water access purposes which forces the boat ramp site to be constructed by excavation or fill within 404 wetlands to reach the NWL and adequate water depths to launch small to medium pleasure and fishing vessels. The community access will serve the subdivision for community boating access and will provide 10 boat slips for the community. The pier will be constructed first to provide immediate access for the proposed residents. The gravel boat ramp access construction will proceed waterward from the 404 wetland line to the NWL and construction of the boat ramp and associated fill activities below the NWL will proceed. Prepared By: Kendall Tumage Environmental Professionals, Inc. Form DCM-MP-1 f APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Greenville Timberline Address 150 E Arlington Blvd. Suite E City Greenville State NC Zip - Day Phone 252-355-9288 Fax: see agent b. Authorized Agent: Name Environmental Professionals. Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 252-441-0239 Fax 252-441-0721 c. Project name (if any) Harvest Pointe NOTE: Permit will be issued in name of landowner(s), and/or project name. X7 ? 17 b. City, town, community or landmark Weeksville c. Street address or secondary road number SR 1111 Harvest Point Rd. d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Pasquotank River and Newbegun Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. 195 ft pier Six 15' X 6' finger piers and 10 boat slips boat ramp and gravel access b. Is the proposed activity maintenance of an existing project, new work, or both? new work c. Will the project be for public, private or commercial use? community d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See Narrative 2. LOCATION OF PROPOSED PROJECT a. County Pasquotank Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Large b. Size of individual lot(s) Average c. Approximate elevation of tract above MHW or NWL 0-7 feet d, Soil type(s) and texture(s) of tract Fine sandy loam to silt loam e. Vegetation on tract Pinus taeda, Liquidambar stvraciflua Ouercus falcata taxodium distichum £ Man-made features now on tract Existing ft-W shoreline stabilization ditches delapidated pier, gravel roads portable toilets g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community X Rural Other h. How is the tract zoned by local government? Residential Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, ifapplicable) Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes - No Coastal (marsh) Other X If yes, has a delineation been conducted? yes (Attach documentation, ifavailable) m. Describe existing wastewatef treatment facilities. No Existing on site septic systems n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) surface runoff o. Describe existing drinking water supply source. Pasquotank County water system 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. Form DCM-MP-1 •A Stormwater Certification, if one is necessary •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Kenneth and Dean Bateman 507 Harvest Point Road EC NC 27909 Melvin and Marjorie Bright 1426 Salem Church Road EC NC 27909 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas, • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the q day of a s>; 2004. Print Name rCe?i?Ca (( Tier„ ??tre (,r ?i c? + Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts - DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCM -MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project Width Depth Depth Access channel (MLW) (NWL) Canal Boat basin Boat ramp Rock groin Rock (rip rap) breakwater Boat Ramp Access N/A -------- -------- ------- N/A -------- -------- -------- N/A -------- ------- ------- 40 10 -1.5 0 N/A -------- ------- ------- N/A -------- ------- ------- 44 10 0.5 2.0 o: 1. EXCAVATION a. Amount of material to be excavated from belt MI-IW or NWL in cubic yards None b. Type of material to be excavated N/A c. Does the area to be excavated include coastal wetlands? Yes X No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim title to disposal area? N/A Yes No If no, attach a letter granting permission fror owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? N/A Revised 03/95 09/07/2004 11:26 2524410721 ENVIRONMENTAL PROFES PAGE 02 I Form ACM-MP-2 Does the disposal area include any coastal wetlands(marsh), SAVs or other wetlands? N/A Yes No f. Does the disposal include any area in the water? Yes No N/A 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N/A Bulkhead Piprap b. Length N/,A, c. Average distance waterward of NMW or NWL N/A d. Maximum distance waterward of MITW or NWL N/A e. Shoreline erosion during preceding 12 months 1 loot (Source information) of Applicant f Type of bulkhead or riprap material N/A g. Amount of fill in cubic yards to be placed below water level (1) F iprap None (2) Bulkhead fill None h. Type of fill material N/A 1. Source of fill material N/A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to.site? X Yes No If yes, (1) Amount of material to be placed in the water earthen Till = *XY concrete = 2.4 Cy (2) Dimensions of fill arei Earthen Fill Earthen fill=) 9.5' X 1.2$'X 22.5= 20.3 CY Concrete= 20'X 0.33X t0'= 2.4 CY (3) Purpose of fill Boat Ramp construction b. Will fill material be placed In coastal wetlands (marsh), SAVs or other wetlands? X Yes _ . No Earthen fill- 50' X 1.5' X 25' =60.4 CY Gravel- 37'X 0.25X 10=3.4 CY Concrete for boat rte= 20'X 0,13' X 10'=2.4 CY ???? ??wwtw wtw???w?iwwnww??wwwwr 5. GENERAL a. How will excavated fill material be kept on site and erosion controlled? Silt fence b_ What type of construction equipment will be used (for example, draglinei backhoe, or hydraulic dredge)? Dump truck and front end !Pader Will wetlands be crossed in'transporting equipment? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. y disturbed wetlands will be located wit h in the area to be filled. Harvest Pointe Applicant or Project Name -err Signature y/ Date Revised 03/95 09/07/2004 11:26 2524410721 ENVIRONMENTAL PROFES PAGE 03 Form DCM-MP-3 UPLAND DEVELOPMENT (Constructions and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project, a. Type and number of buildings, facilities, units or structures proposed. 4476 SF Gravel boat ramp access, 7080 SF parking area and R/W access drive b. Number of lots or parcels 45 residential lots plus boat Landing area c. Density (give the number of residential units and the units per acre) 45 lots on 102 acres d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 11,476 SF e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If Yes, date submitted Contact Hyman and Robey, P.C. f. List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for paved surfaces. Gravel boat ramp access and parking area g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built- upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking, 21.07% h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted Conact Hyman and Robey, P.C. i. Describe proposed method of se cage disposal. On site septic systems Have the facilities described in I m i, above received state or local approval? Indivi ual lot owners to secure (Atimb Appropriate aeegmePt&U*4) k. Describe location and We of pr osed discharges to waters of the state (for example, s face runoff, sanitary wastewater, industriaUcommercia effluent, "wash down" and residential discharges). surface runoff, fill activities for oat ramp 1. Describe proposed drinking wat supply source (e.g. well, community, public system, etc.) Pasquotank County Water System m. Will water be impounded? Yes X No If yes, how many acres? N/A n. If the project is an oceanfront development, when was the lot(s) platted and recorded? Nf'A Harvest Pointe Applicant or Project Name Signatuur.e///7 ! / C /OK Date e Form DCM-MP-4 STRUCTURES" (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, e Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. Dock(s) and/or Pier(s) _X (1) Commercial Private _ Community (2) Number 1 (3) Length 195 (4) Width 6 (5) Finger Piers X Yes No (i) Number 6 (ii) Length 15 (iii) Width 6 (6) Platform(s) Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 10 (8) Proximity of structure to adjacent riparian property lines 1300 LF (9) (10) Width of water body 2950 ft Water depth at waterward end of pier at MLW or NWL 4.25 ft b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number N/A (2) Length d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL, or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Mooring buoys N/A ?9)r (1) Commercial _ Private - Community, (2) Number N/A (3) Description of buoy (Color, inscription, size, anchor, etc. N/A (4) (5) Width of water body N/A Distance buoy(s) to be placed beyond shoreline N/A f. Mooring structure (boatlift, mooring pilings, etc.) (1) Commercial X Community Privat (2) Number 5 pilings (3) Length 15 ft (4) Width 1.0 ft g. Other (Give complete description) boat ramp (see MP2) Harvest Pointe Applicant of Project Name Signature L" C D to Revised 03/95 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID 200410992 County Pasquotank COAK3NOTIFICATION OF JURISDICTIONAL; DETERMINATION Property Owner/Agent: Greenville Timberline, LLC J r 4 Address: 150 East ArlinLyton Blvd., Suite E Greenville, North Carolina 27858 `?'<A r '• °'? C , r Telephone No.: 252-355-9288 r r I } p ,?d. Size and location of property (waterbody, road name/number, town, etc.). 102 acre parcel known as Harvest Pointe development, located on NCSR Ill 1_southeast _of Elizabeth Citv, adiacent to NewbeLrun Creek and the Pasquotank River, Pasquotank County. Plat provided by Hyman & Robes, PC. Plat proiect number 030684 dated 12-29-03. Indicate Which of the Following Apply: There are-waters of the U.S. and/or wetlands on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S. and/or wetlands on your property have been delineated and surveyed, and the limits of the Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements Placement of dredged or fill material in waters of the US and/or wetlands on this property without a Department of the Army permit may constitute a violation of Section 3.01 of the Clean Water Act (33 USC 1311). A permit is not required for work restricted entirely to existing non-wetland area. If you have any questions regarding this determination and/or the Corps of Engineers regulatory program, please contact William Wescott at 252-975-1616 extension 25. Basis For Determination: Areas meet the three parameters specified in the 1987 USACE Wetland Delineation Manual, and are adiacent to Newbe2un Creek and the Pasquotank River. Property Owner/Authorized Agent Signature Corps Regulatory Official Date 2-2-2004 Expiration Date 2-2-2009 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM . : CL G O H O O LL, O Z O W H H H O .. c co 8 a) N co } ? U 3 v ri ? O X y N O X E2 F- CD c r J () Z (V > II -0 O _° x c? 2 c, U X c 0 N U U) C? N N O U C O U J Z 0 c N U ( CD 3 11 c N X C a? L X co w Lo ° c O a c Q O vi co cu m U C -d• .o ? Q Z C=) co co z ¢ c °O 2 ? U CL O a' U E co CU ~ O c 11 CL m F- E .- Y J c O C O Q CD =a ow U) J J Z U Z M O O N O >- ? u ? U Q In N 30 N 30 II O X n x ? w ? L -0 2 O CU a coo O X W U N N r _ X J ? Z A UG 1 V 0. d N O CL O L 0. 4- O O low d y N V O ? ?4 -r-I 4-1 x U ? N 0-0 .H 4-) O M 4-) rd (v a4-) O ro N N Q H V) G •ri 'O r? 1-) r--I 4-4 4-) N r? 3 H x U N 'C3 .O O 0 3 'd N 4J rd N F4 N 3 a .H a O O 3 Jor X a) >1 P l) U z H z 0 z H 0r4 co H z U) ?a w H W rz a w Q! wH r>+ H a? r,C o .N 4-1 H -- O z I O a h a H -- H N OD Y I H .. .. O W u a .W z H!F?? H 3??7! Q W V) C l W 4--1 > v ? b r. O O U +- m N 0) 0 O a 0 x •ri N 4J •rI ? a 0 .l >r O p .1-i u ?? 4-) ?l N U U 124 a ? r O ?4 G x 4J H - i aU ? O r-1 ?j 0 +-r F14 fO 0' * -H ro * w a * 0 * m u MAJOR PERMIT FEE MATRIX Applicant: Greenville Timberline (Harvest Pointe) Selection Development Type Fee DCM % DW(? % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial Ej development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). For Private non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: III(B). For public or commercial development, if $400 100%($400) 0%($0) General Water Quality Certification No. 3301 (see attached can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ® Quality Certification No. $400 60%($240) 40%($160) 3301 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: f t 1 t. S d ? ? 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J 0 M o m 00 •A38OH NVMH A8 NOliVY4HOANI 1.3A8ns WO83 dVW AINO S3SOcj8nd ONLUIV483d 2103--NOuon8iSNO0 HOA ION am-oBt-£0 90!' 1>1 :A8 03M31A38 VS :A9 NM`d 10 :A3d •b01£ t/L :31`dO ,09=„ t :31d0S VNIIOHVO HIHON A1Nf10O ANVlOnoSVd dIHSNM01 W31VS NOIlVOllddV lIV483d d0rVV4 VINVO &MI 1V08 NOISIA1aenS 31NlOd 1S3AHVH Oll '3NMJ38W11 371AN3389 (XV3) LZL0-L'v-V(Z9Z) 6£ZO- Ltv•b(Z5Z) 9-b6LZ ON 'SHIN 11A30 11151 89££ X08 '0'd ),VMHOIH NV1VOW 'N 019Z }UaWUOJIAU3 .l9}}a8 0 J01 6UI000Id 'ONI 'SIVNOISS3-JOdd -lViN3WNO6lAN3 aWDS OIHdtt2i ) 11 09 = tloul T .09 0 0£ ,09 Ci X. 3S 099'LL i II OV 9L' L •?9. (.3s 95£' L9) ? 9 ? I I 6 3S £00'Z9 I I ?Z I poi i ?z ? I 0 ? r S, tn p? `? ? I I I I 1 o ? ?' ?? ,49.009 3S 06-V'-Vg ov 5Z' L i I I ??ti 5z I I I W 1 `? 11 I I iP0M I ?' I I I I W I I I 3S tV69'Zb I I I cn J? I I I ?S LO Z?5 I I 3nlaa I ? M I I ® I 13nv80 •doad W W I N 1 I I I I I I I I QD v Ln I co i I I I ?_-- ?y6i35 ' ,9Z'66 ' *. SllNl?jj T \ m *Pit 0',?? ztl m T .T m m m m. ?_ , 0. i3 ;,60 6? - •?j?'`•. ?p? .n m? a• m T ? m SONV113M "X3 4'6. `•.. m *` R j?\ 1113 N3RUIV3 'dO8d S33NN SS3MdA0 •X3 1113 N3N.L8V3 •dOMd sB- (,04X,01) dWVM 'ON00 'd021d A 9 L ? 4 ? q £ )133UD Nn938M3N (•d,W ON111d ON180OVI SN31d il3JNIJ LA 9 X J.i ll4 Q1SOdOAd XIS 831d Al 961 •dONd 4 . - t. ?l - IN REPLY REFER TO Regulatory Division Action ID No. 200411783 Greenville Timberline 150 E. Arlington Blvd., Suite E Greenville, North Carolina 27858 Dear Sirs: ?D SEP D 3 o 2004 DEIVR 1ANDgAN STTouiA RIN BRA o On July 24, 2000, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received September 20, 2004, for Department of the Army (DA) authorization to place fill material within freshwater wetlands and construct a boatrainp and a community dock, on property located off State Road 1111, adjacent to the Pasquotank River and Newbegun Creek, near Weeksville, Pasquotank County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general pen-nit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State-Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. On February 6, 1990, the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: DEPARTMENT OF THE ARMY b u J? ?Lt WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington nogulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 September 28, 2004 -2- a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by October 13, 2004. Also, a copy of this information must be sent to the North Carolina Division of Environmental Management to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 200411783 and will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (252) 975-1616, extension 23. Sincerely, Raleigh W. Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): -3- Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 Mr. John Dorney Division of Water Quality North Carolina Department of Environment And Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street Atlanta, Georgia 30303 -4- Mr. Ted Sampson, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909