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HomeMy WebLinkAbout20020126 Ver 1_COMPLETE FILE_20020128?OF WA TFRO Michael F. Easley, Governor William G. Ross Jr., Secretary \p (? North Carolina Department of Environment and Natural Resources r Gregory J. Thorpe, Ph.D. -i Acting Director 'C Division of Water Quality April 29, 2002 Swans Builders c/o Mr. Dewey Bordeaux P.O. Box 7287 Jacksonville, NC 28402 SUBJECT: Approval of 401 Water Quality and Additional Conditions Trailwood Subdivision Sections I & II DWQ Project # 020126 Onslow County Dear Mr. Bordeaux: You have our approval, in accordance with the attached conditions (WQC # 3374 and # 3375) to conduct the following activity on a 117-acre tract off Lee Rogers Road in Onslow County. This approval allows you to: 1) Fill 0.164 acres of wetlands and 110 linear feet of streams for two road crossings and associated impacts (Crossing # One is to be 0.096 acre of wetland impact and 70 linear feet of stream impact and Crossing # Two is to be 0.068 acre of wetland impact and 50 linear feet of stream impact); 2) Construct a utility line crossing over wetlands and temporarily impact and additional 0.052 acre of wetlands. This approval is only valid for the purpose and design that you described in your Pre-Construction Notification (PCN) application received by the Division of Water Quality (DWQ) dated January 17, 2002 and additional information received dated April 1, 2002. After reviewing your application, we have determined that General Water Quality Certification Number 3375 covers this activity. These Certifications can also be found on line at: http://h2o.enr.state.ne.us/ncwetlands/certs.html. These Certifications allows you to use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires unless otherwise specified in the General Certification. Please understand that if you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certifications and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certifications and the additional conditions listed below: 1). Placement of the culverts must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life: 2). The remaining wetlands and streams need to be placed in a deed notification or conservation easement of some type. A sample deed notification is located on our website at hftp://h2o.enr.state.nc.us/ncwetiands/download.html. Please provide this Office with a copy of these documents after they have been recorded. 3). To restore the corridor for the utility line back to natural grade; 4). The attached Certificate of Completion (COC) must be submitted to the Division upon final construction of the site. ME Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer age Two Swans Builders c/o Mr. Dewey Bordeaux April 29, 2002 Please read the attached conditions. If you do not accept any of the conditions of this certification, 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 conforming 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 DWQ Permit # 020126 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900. Sincerely, -?,-1 Gregory J. Thorpe, Ph.D. Acting Director, Division of Water Quality Attachments: GC # 3374 & # 3375 Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Mickey Sugg WiRO 401 Wetland Unit, Central Office - Cyndi Karoly Land Management - Paul Farley Central Files ,qw?? 5?a?, Jnc. 9to d -T. .foal alt! ?icf?/een .?aPeioon April 1, 2002 Ms. Joanne Steenhuis NC Division of Water Quality 127 Cardinal Drive Wilmington, NC 28405 .9 RE: Trailwood Subdivision NWP Application Dear Joanne: At 6)Pw A 2522 Wdmifly", ./{roWA %6o yea 28902 gel- 990-952-0001 S 'y 6,4 U r4 L?.. ?. f' ? { 99,d& f4 -T-Ml1y A--A 0)r- Pd„ti 3805 VUkAAtAi& .Wwa 3ViLmi &n, M 28403 P -U 7 1. MAY - !?ii1, ,?iCTliJf' I am sending this to follow up on our conversation regarding the above mentioned project. I will address your concerns in order. 1. 1 have discussed the status of Lots 14, 15, and 16 with Brian Jarman of John Pierce & Associates. Brian met with Mr. Dewey Bordeaux regarding this issue. They used a standard house design overlain on the wetland survey and determined that a house and associated fill slope ,etc. could fit on each lot. They are aware that deed restrictions may be placed on remaining wetlands. IS 2. There is a utility sewer crossing easement requested in the new enclosed site plan. This will bring the proposed impacts up to 0.216 acres. The sewer crossing will be restored to original grade and seeded after installation. As always, thank you for your assistance in this matter. Please contact me if you have questions. Sincerely: Paul M. Farley Wetland Scientist cc: Brian Jarman Dewey Bordeaux their standard house template overlain on the wetland MEMORANDUM TO: John Dorney Regional Contact: J. Steenhuis Non-Discharge Branch WQ Supervisor: R Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Trailwood Subdivision Project Number 02 0126 Recvd From APP Received Date 1/28/02 Recvd By Region Project Type Road Crossing County Onslow County2 Region Wilmington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE 14 5TH O Y _0N ?- 19-41-16 SA HQW 30,501. 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: O lssue * Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office does not object to the project as imposed in this application with additional info letter dated 4/1/02 Conditioned Cell form 1/ Need to bury p*pe 2/ Need to send in recorded deed notifications 3/ Complete COG when project is completed The, AQ1, cart. was writtan -on 4/2910_ cc: Regional Office Central Office Page Number 1 Wetlands Tracking Facility Name Trailwood Subdivision County Onslow Project Number 02 0126 .: I County2 D Inactive Region Wilmington I Project Type . purpose of Road Crossing I DCM Office Morehead City Location Queen Creek Hubert COE Office Wilmington l Last Tota Total Total Mit Total 40 I's Recvd Sent to Recvd Action . 401 401 it Acres : Recvd From Date Region Region Date Last Action Feet - Acres Feet ? .401 401 To ? r r for Project: a., t L tti ' Ins bans/ V16 1i 4" T „Fl r. r c?'.% 1 > Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current?St _ . I- g A, we??+ WATF Michael F. Easley, Governor (? 9 William G. Ross Jr., Secretary `O? pG North Carolina Department of Environment and Natural Resources Cp Gregory J. Thorpe, Ph.D. ] Acting Director Division of Water Quality March 14, 2002 CERTIFIED MAIL: 7001 1940 0007 1402 3771 RETURN RECEIPT REQUESTED Swans Builders c/o Mr. Dewey Bordeaux P.O. Box 7287 Jacksonville, NC 28402 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORMATION TRAILWOOD S/D PHASE 1 & II PROJECT # 020126 ONSLOW COUNTY Dear Mr. Bordeaux: This Office is placing your project on hold until we receive the following additional information: 1) A verification that Lots # 14, 15 and 16 are buildable lots, deed restrictions on square footage allowed on these lots may be considered; 2) This Office will also be requiring deed restrictions for all lots with remaining wetlands to have deed restrictions (the 401 will not be valid without these restrictions, so confirmation that this process will take place is necessary); 3) This Office also understands that a utility line through wetlands will be necessary, all impacts to wetlands up front is desirable, so include in the additional information the necessary impacts for the utility line. Please respond within three weeks of the date of this letter by sending a copy of the information to myself and to Cyndi Karoly, Raleigh Wetlands Unit (919) 733 9721. 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. If you have any questions, please feel free to call me at (910) 395-3900. Sincerely, Joanne Steenhuis Environmental Specialist. III cc: Cyndi Karoly -Wetlands Group Paul Farley - Land Management Group WiRO A NCDENR Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone (910) 395-3900 FAX (910) 350-2004 An Equal Opportunity Affirmative Action Employer Triage Check List Date: 112 rloz To: ?RRO Steve Mitchell ?FRO Ken Averitte ?WaRO Deborah Sawyer EgWiRO Joanne Steenhuis ?WSRO Jennifer Frye ?ARO Mike Parker ?MRO Pete Colwell Project Name I1` DWQ Project Number 07-C) 12 C County dh f IcIv From: Telephone (919) 733- q 72I The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted Stream determination ? Wetland determination and d'stance to blue-line surface waters on USGW topo maps 10 Minimization/avoidance tissues ? Buffer Rules (Neuse, Tar-Pam-Oco, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and orwefiarid rraffigation sites available and viable? ? Check drawings for accuracy ? Is the application consister+t,»dth pre-application meetings? ? Cumulative impact-COMMIM Y6a,AWM7CMCnI( 340t9l?, Ac. Rd (l)pm Ax 2522 Vdmi4Wan, AoWA Vatdkna 28402 d'- 990-452-000Y 9?o&d Y. .Join .?ald oLn %? ? .?«eioon January 17, 2002 Mr. Mickey Sugg U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 RE: Trailwood Subdivision Onslow County NWP 14 Request Dear Mickey: Suite M ?ouatea{ A.A (rp. 9'.A 3805 °J4,? rfetontlle JA*n ee (/dmM#&n, M 28403 I have enclosed a NWP 14 application for the above mentioned property. The site plan calls for two road crossings which combined total less than 200 linear feet centerline length. As I mentioned to you in a previous telephone conversation, the applicant wishes to apply for all impacts even though subdivision plans are not yet complete. That is why the second crossing is requested even though complete site development will not occur for at least one year. That is why the second crossing is proposed into "future development area. The applicant has thus applied for all perceived impacts for the entire project area. Thank you for your assistance in this matter. Please feel free to contact me if you have questions. Sincerely: Paul M. Farley Wetland Scientist cc: John Dorney, DWQ (seven copies/ Joanne Steenhuis, DWQ (one copy National Marine Fisheries Service (one copy) NC State Historic Preservation Office (one copy) Mr. Dewey Bordeaux, Swans Builders (one copy) ,Y J 1 +_j 14_. 0 oFr-TF?4 Pre-Construction Notification (PCN) Application Form 061 Vr? For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.saw.usace.4M.n-il/wetlands/Perm app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.arLny.mil/wetlands/re.ztour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U. S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 12 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at http://www saw usace army mil/wetlands/nwpfinalFedRe..pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://hao.ehn.-.state.nc.us/ncNvetlatids/fees.ht.mi. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U. S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 Office Use Only' Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing Check all of the approval(s) requested for this project: Section 404 Permit Section 10 Permit 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 14 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 (see section VIII - Mitigation), check here: ? II. Applicant Information Owner/Applicant Information Name: Swans Builders Mr. DeweX Bordeaux Mailing Address: P.O. Box 7287 Jacksonville NC 28540 Telephone Number: 910-347-2062 Fax Number: 910-455-6691 E-mail Address: 2. Agent 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: Paul Farley Company Affiliation: Land Management Grou,,.p Mailing Address: P.O. Box 1022 Wilmington NC 28402 Telephone Number: 910-452-0001 Fax Number: 910-452-0060 E-mail Address: pfarLel@lmgroU.net Page 3 of 12 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: Trailwood Subdivision Sections I and II 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Onslow Nearest Town: Hubert Subdivision name (include phase/lot number): Trailwood Subdivision Sections I and II h Directions to site (include road numbers, landmarks, etc.): Go east from Hubert, turn nort on Parkertown Road turn north on Lee Rogers Road for approximately one half mile. Tract is on the rift (west) side of the road 5. Site coordinates, if available (UTM or Lat/Long): N 34° 44' 14.3". W 77° 13' 40.81" (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. Describe the existing land use or condition of the site at the time of this application: Forested 7. Property size (acres): Approximately 117 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Queens Creek 9. River Basin: White Oak Page 4 of 12 (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/.) 10. Describe the purpose of the proposed work: Two road crossings are necessary. One to complete access from Section I to Section II A secod crossing will be needed to complete access to a future phase of the subdivision which will not be completed for at least two years. This crossing is requested in order to complete an application for ALL potential impacts associated with the ENTIRE property even though alldevelopment plans have not vet been finalized. 11. List the type of equipment to be used to construct the project: Work to be completed to acceptable engineering and construction standards 12. Describe the land use in the vicinity of this project: Currently forested 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. Wetland delineation approved by Mickey Sing of US Army Corps on April 18, 2001. No previous wetland permits have been applied for V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: Work is not set to begin on the future Sections for at least two years. Due to site layout it is anticipated that future work can be completed without wetland impacts. 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 Page 5 of 12 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. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** Crossing #1 Filled crossing 0.096 No 1800' First order riverine Crossing #2 Filled crossing 0.068 no -.51 First order riverme * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized ciearmg, grading, nit, 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 (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htti)://www.fema.aov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 10.00 acres entire tract contains 27.1 acres Total area of wetland impact proposed: 0.164 acres 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) Page 6 of 12 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not hmrted to: nil, excavation, areagmg, flooding, drainage, bulkheads, etc. 4. 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., damJembankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. Applicant has selected a relatively narrow crossing areas. Section II is not accessible without a wetland crossing as the wetland system crosses the entire property. Crossing #2 also appears to Page 7 of 12 be unavoidable If a road were routed around this wetland county planning regulations would require a second entrance for safety purposes This second entrance would require a wetland crossing. The applicant is proposing the second crossing in order to apply for all potential impacts associated with both the planned and future phases of site development. Applicant is confident that homes and associated infrastructure can be completed on all proposed lots (including Lots 14, 15, and 16 ) without wetland fill. 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. 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 http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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. Mitigation not proposed 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the Page 8 of 12 NCWRP is available as an option. For additional information regarding the application process for the NCVM, check the NCWRP website at http://h2o.enr.state.nc.us/wri)/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): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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 (DWQ Only) 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 Require ents), or other (please identify )? Yes ? No P 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 Multiplier Required Page 9 of 12 (square feet) Mitigation 1 3 2 1.5 Total * Zone I extends out 30 feet perpendicular from near bank or channel; cone / cmcnus an additional 20 feet from the edge of Zone 1. 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. X1. Stormwater (DWQ Only) 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. A stormwater plan has been submitted to NC DWQ XH. Sewage Disposal (DWQ Only) 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. Individual on site septic systems subject to approval by the Onslow County Health Department XIII. Violations (DWQ Only) Is this site in violation of D Q Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No is this an after-the-fact perml 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 Page 10 of 12 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). i2 Applicant/Agent's Signature Date! (Agent's signature is valid only if an aut orization letter from the applicant is provided.) pr+,.L rn, FraR ur?u? ^ or?p 7?^ US'Armyy Corp,s Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 2714854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Croatan National Forest Only US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Page 11 of 12 Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 North Carolina State Agencies Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 12 of 12 J SWANS BUILDERS,LLC 9104556691 P.01 i i ' ! 11Wf ej the;•untlersigned, Nearby authorize Land M?jnngement &oup, Inc. as agents for 404,Mredwft pelt work on the tract known as Tailwood Subdivision Sections I j , North Carolina. Land Management Group, Inc. anc? U, dn:'pnslow.County should. be contacted with any questions regarding this permit application. I Signed u 0 -? date i I' I `. NaWgnVNVW ONVI :ABI lua$ TOTAL P.01 N NOT TO SCALE Trailwood Subdivision Sections I and II Onslow County, NC Management Group, Inc. Environmental Consultants Wilmington, N.C. December 2001 NWP 14 Request Vicinity Map h? 1 I :\ P 11' I Ir 6 j x I F`, 1 A..I ._ .?) `I fl1 I I ?a_ I? 1? 1 III -. i 'r / Y I R -T _ 4 728 N 1000 2000 4000 SCALE 1" = 2000' Trailwood Subdivsion Sections I and II Onslow County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. December 2001 NWP 14 Request USGS Topo Map Hubert Quad i N 1 NnA 1000 2000 4000 SCALE 1" = 2000' Trailwood Subdivision Sections I and II Onslow County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. December 2001 NWP 14 Request NRCS Soil Map o O C) y o L w, M v? (D fa ?d CD r- c O O M J O LC) d U) O Q ayi ayi Z Lo U a a J ?U) CD co 0 0 0 0 We? nt NE ! Wt C'4 o 04 tm 0) ` p rn ?' V O U) (n a x o 3 C U N W U U ? 4) Co (D r -' ? ?? ?- m cc E ca / ?? 4r1 1 •?? w? = - ? la ?, i ?? I I o \ n` _ ` ,? II wri w v7! Y Oww Al .- w+n sw -W-ft rna m Am? uui " IZ ,u ru .Ak" wsr "p C/ f ?w rs wu ON rai mr m: ' .v,w ro w ie 0 o \ `? J >o \J m i ZI \(\ II cC o > -a \ ? I p c: ?. \ I ?CIO? p I J? m ?cn 0 N O 0 3 0 o vJ CIO Cl) L O ca (D (D 9114V%lb $3v 1 , ,lp U w I:•n'L3. ti Z C C O U a? U) O O d O O N O N ui J Q ooU W -- ?' (D "-. \ r a) am Z; ?. a (6 s CL oU, o? Zoo = N O rn ?;•SE ??Ev cv o - a? uw a J o U Z=Z ?- o O U 6. - 3 3 N 0 fn c O DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Paae 1 of 2 Project/Site: Swans Builder Tract Date: 12-17-01 Applicant/Owner: Dewey Bordeaux County: Onslow Investigator: Paul Farley/Larry Baldwin/John Williams State: NC Do Normal Circumstances exist on the site? Yes No Community ID: Wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum 11-ndicator Dominant Plant pecies Stratum Indicator 1. Nyssa Sylvatica Tree FAC 9. 2. Taxodium Distichum Tree OBL 10. 3. Cyrilla Racemiflora Shrub FACW 11. 4. Lyonia Lucida Shrub FACW 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC.) 100% Remarks: Meets vegetation criterion. HYDROLOGY Wetland Hydrology Indicators: Recorded Data (Describe in Remarks): Primary Indicators _ Stream, Lake, or Tide Gauge Inundated Aerial Photographs X Saturated in Upper 12 Inches Other _ Water Marks _ X No Recorded Data Available _ Drift Lines _ Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Depth of Surface Water: n/a (in.) Water-Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pit: n/a (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: ±3 (in.) Remarks: Meets hydrology critereon. SOILS Proiect/Site: Swans Builder Tract Paqe 2 of 2 Map Unit Name (Series and Phase): Muckalee Drainage Class: Field Observations Taxonomy (Subgroup): thermic Typic Fluvaquents Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR 3/2 mucky loam Hydric Soil Indicators: Histosol Concretions _ _ Histic Epipedon _ -High Organic Content in Surface Layer in Sandy Soil _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Soil profile for upland taken by John Williams who is a licensed soil scientist. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Is this Sampling Point Within a Wetland? Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Yes No Remarks: Wetland/upland boundary is marked with pink and black striped ribbons. Delineation approved by Micky Suggs of the USACE. Latitude: 340 44' 14.3" N Lon itude: 77° 13' 40.81" W Applicantlowner: Dewey Bordeaux Land Management Group, Inc. Swans Builders Post Office Box 2522 P. O. Box 7287 Wilmington N.C. 28402 Jacksonville, NC 28540 910-452-0001 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Pace 1 of 2 Project/Site: Swans Builder Tract Date: 12-17-01 Applicant/Owner: Dewey Bordeaux County: Onslow Investigator: Paul Farley/Larry Baldwin/John Williams State: NC Do Normal Circumstances exist on the site? Yes No Community ID: Upland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species tratum Indicator Dominant Plant Species Stratum Indicator 1. Pinus Taeda Tree FAC 9. 2. Quercus Fa/cata Tree FACU- 10. 3. Comus Florida Shrub FACU 11. 4. Myrica Cerifera Shrub FAC+ 12. 5. LiquidambarStyraciflua Shrub FAC+ 13. 6. Pinus Taeda Shrub FAC 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC.) 100% Remarks: HYDROLOGY Wetland Hydrology Indicators: Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge Inundated -Aerial Photographs Saturated in Upper 12 Inches Other Water Marks _ X No Recorded Data Available _ Drift Lines _ Sediment Deposits _ Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Depth of Surface Water: n/a (in.) Water-Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pit: >12 (in.) FAC-Neutral Test _ -Other (Explain in Remarks) Depth to Saturated Soil: >12 (in.) Remarks: No hydrology indicators present. SOILS Proiect/Site: Swans Builder Tract Paqe 2 of 2 Map Unit Name (Series and Phase): Baymeade Drainage Class: Field Observations Taxonomy (Subgroup) : thermic Arenic Paleudults Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR 7/3 loamy sand 6-18 2.5Y 6/4 loamy sand 18 - 26 2,5Y 6/6 sandy loam 26 - 48 2.5Y 6/6 sandy clay loam Hydric Soil Indicators: Histosol _ Concretions _ _ Histic Epipedon -High Organic Content in Surface Layer in Sandy Soil Sulfidic Odor Organic Streaking in Sandy Soils _ _ Aquic Moisture Regime Listed on Local Hydric Soils List - Reducing Conditions _Listed on National Hydric Soils List _ Gleyed or Low-Chrcma Colors -Other (Explain in Remarks) Remarks: Soil profile for upland taken by John Williams who is a licensed soil scientist. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Is this Sampling Point Within a Wetland? Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Yes No Remarks: Wetland/upland boundary is marked with pink and black striped ribbons. Delineation approved by Micky Suggs of the USACE. Latitude: 340 44' 14.3" N Longitude: 77° 13' 40.81" W Applicant/owner: Dewey Bordeaux Land Management Group, Inc. Swans Builders Post Office Box 2522 P. O. Box 7287 Wilmington N.C. 28402 Jacksonville, NC 28540 910-452-0001 LANU MAIVHUC WHIN I UNUL) r, IIVI.. ENVIRONMENTAL CONSULTANTS North Carolina Division of Water Quality 01/22/2002 eI 11 C? 6 l Bill #Permit Fee 1/22/2002 1JJ.7J 200.00 BB&T Permit Fee 200.00