HomeMy WebLinkAbout20021894 Ver 1_COMPLETE FILE_20021211`o?oF w H r
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Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
1
Fax To: I ) djYtN'5 Fax #:
Company: lqwmlso? qmp- Date:
Number of pages including cover sheet: - &i
Notes or special instructions:
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wl 3ac1 1'. GUJ ICY, vV Vc111VI
William G. Ross.lr„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 7334786 (phone), 919-733-6893 (fax), (http://h2o.ear.state.nc.us/newetlands
? \NA7F Michael F. Easley, Governor
Q 9 William G. Ross Jr., Secretary
`Q? QG North Carolina Department of Environment and Natural Resources
Gj Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. James Ward
3601 Stag Park Road
Burgaw, NC, 28425
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ward:
January 29, 2003
DWQ# 02-1894
Pender County
You have our approval, in accordance with the attached conditions, to place fill in 0.50 acre of wetlands in order to construct a
residential subdivision in Pender County, as described in your application received complete by the Division of Water Quality on
December 11, 2002, and in additional correspondence received January 14, 2003. After reviewing your application, we have determined
that this fill is covered by General Water Quality Certification Number 3362, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S.
Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us 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 Certification 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 certification, as well as the additional condition
listed below:
1. Waste or borrow sites shall not be located in streams or wetlands;
2. All culverts must be designed, constructed and placed to allow aquatic life passage;
3. Construction activities shall be conducted in such a manner as to prevent significant increase in turbidity outside the area of
construction or construction related discharge (50 NTU's in streams and rivers not designated as trout waters);
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order
to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification. A sample deed notification format can be downloaded
from the 401/Wetlands Unit web site at http:Hh2o.enr.state.nc.us/ncwetlands ;
5. Any future applications for impacts to wetlands on this property must include a report of the impacts permitted herein;
6. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed.
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 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 Noelle Lutheran in our Wilmington Regional Office at 910-395-3900 or Cyndi Karoly in the Central Office in
Raleigh 919-733-9721. Questions regarding stormwater requirements should be directed to Todd St. John in the Central Office at 919-
733-9584.
Sincerely,
Ala W. Klimek, P.E.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
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Customer Service
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Attachments
cc: Corps of Engineers Wilmington Regulatory Field Office
Wilmington DWQ Regional Office
Central Files
File Copy
Kim Williams, P.O. Box 2522, Wilmington, NC, 28402
021894
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TO: Mr. John Dorney
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
January 8, 2003
RE: James Ward Property (DWQ # 02-1894)
Pender County, NC
Dear John:
In response to your letter dated December 30, 2002, I have enclosed the proposed lot
layout for the property. The site contains five small upland islands. Only three of these contain
soils that are suitable for on-site waste treatment. Therefore, the other two upland sections will
not be developed unless sewer and water services become available to the area at a later date.
!nj?
Please review the enclosed map and contact Tom Gulley or me if you have any questions.
Thank you for your assistance with this project.
Sincerely,
k,?, ij
Kim Williams
Wetland Scientist
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cc: James Ward
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J4LL O rrG "
NWP 39 Application
Pender County, NC
Environmental Consultants
Wilmington, N.C.
January 2003
Site plan showing wetland impacts and
approximate house and septic system layout.
OF WATFq Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
v North Carolina Department of Environment and Natural Resources
> Alan Klimek, P.E., Director Division of Water Quality
p ?r
December 30, 2002
DWQ # 02-1894
Pender County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. James Ward
3601 Stag Park Road
Burgaw, NC 28425
Dear Mr. Ward:
On December 11, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill waters for the purpose of residential fill and road crossing in
Pender County. Approval from DWQ is required to disturb these wetlands. Please provide 7 copies of
the following information and refer to the DWQ # listed above in your reply. Please show these on
maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects'
compliance with 15A NCAC 21-1.0500.
Please indicated proposed lot layout as overlays on the site plan for the entire property.
Please telephone me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
in R. Dorney
1 Water Quality C ification Program
JRD/bs
cc: Wilmington DWQ Regional Office
Wilmington Corps of Engineers
Central Files
File Copy
Land Management Group, Inc. Post Office Box 2522, Wilmington, NC 28402
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (f<;x), (http://h2o.enr.state.nc.us/ncwetlands
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.
1.
II
Processing
1. Check all of the approval(s) requested for this project:
Z Section 404 Permit
? Section 10 Permit
0 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
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: ?
Applicant Information
Owner/Applicant Information
Name: Mr. James Ward
Mailing Address: 3601 Stag Park Road
Burgaw, NC 28425
Telephone Number: (910) 259-5568 Fax Number: (910) 259-1295
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: Kim Williams or Tom Gulley
Company Affiliation: Land Management Groin Inc.
Mailing Address: P.O. Box 2522 Wilmington, NC 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: kwilliams@lmgroul2.net and tg_ulleyglm rgoup.net
Page 3 of 3
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: James Ward Property
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 20780
4. Location
County: Pender County Nearest town: Burgaw
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take Hwy 117 North to Hwy 53
North. Site on left (see vicinity mqp).
5. Site coordinates, if available (UTM or Lat/Long): UTM 18 244976E 3835154N
(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:
Undeveloped except for one existing
7. Property size (acres): 32.38 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Holly Shelter Creek
9. River Basin: Cape Fear River Basin
(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: The applicant wishes to construct several
residences within the property and one additional road leading to them.
Page 4 of 4
11. List the type of equipment to be used to construct the project: Track-hoe and bulldozer
12. Describe the land use in the vicinity of this project: residential
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.
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
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 5 of 5
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***
1 fill 0.12 No - 1000 ft Forested wetland
2 Road/culvert 0.04 No - 1000 ft Forested wetland
3 Road/culvert (existing) 0.34 No - 1000 ft Forested wetland
* 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
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://)Aw?A,.fema.gov.
*** 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: 28.6 ac
Total area of wetland impact proposed: 0.50 ac
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)
NA
* 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
wviwusgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wvy.topozoncxom,
vmw.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.
Page 6 of 6
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres)
(if Name p Waterbody
applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N /A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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.
The existing road was built to connect two upland islands and is only 35' wide (including side
slopes) to reduce impacts. The proposed road will only be 15' wide and will provide access to
this upland island. The fill to be added to the small upland island is needed to make the parcel
buildable (including the house footprint and an on-site septic system, according to Pender
Coun regulations) and will be placed closest to Hwy 53 in order to make the small driveway as
short as possible.
Page 7 of 7
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.
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.
In order to mitigate for wetland impacts, the remainder of the wetlands within the tract (28.1
ac) will be placed into a restrictive covenant, as agreed upon by the U.S. AM Corps of
Engineers.
Page 8 of 8
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
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/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): NA
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 2'
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N /A )?
Page 9 of 9
Yes ? No 0 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* (squImpact are feet) Multiplier MiRequired
tigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends 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.
XI. 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 35'-wide and 420'-long road currently exists within the nronertv. which results in 0.34 acre in
existing impervious cover. The proposed 15'-wide and 120'-long road will result in 0.04 acre of
impervious cover. At this time, it is unknown how many homes will be built within the uplands,
however, because of the large percentage of wetlands on the tract that will be placed within a
deed restriction (86.7%), the total amount of impervious cover within the site will not exceed the
State's threshold for a stormwater plan.
XII. 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.
On-site septic systems will be used within this tract.
Page 10 of 10
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes []' No ? p_21 i impact #3
Is this an after-the-fact permit application?
Yes Z No ? partially- impact #3
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).
Agent's Signature
,-/S le v
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
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 Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Page 11 of 11
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
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
US Fist
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
i and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
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
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: County: ??Je_x
Notification of Jurisdictional Determination
Property owner/Authorized Agent
Address 36 01 5 Pik Ko1 a bq?
By f?1c ?`6`f?S Lv; ?., c ?br+ l? g`fo?
Telephone Number_ 1zp( YS?-cop(
Size and Location of Property(waterbody, Highway name/number, town, etc.)
-T?g - 30 i44. +e,,+ i 4 (o44.e &-, -9w hAJ 5 '1' 0? UG N wi, ;,3 , 4-
Indicate Which of the following apply:
• There are we" ds on the above scribed property which we strongly suggest sh uld be delineated and
surveyed. Th surveyed wetla lines must be verifi by our staff before th Corps will make a final
jurisdictiona determination o your property.
• Because o the size of your roperty and our pres t workload, our i/a n and delineation your
wetlands annot be acco fished in a timely in
ner. You may wisa consultant to tain a
more ti ely delineation f the wetlands. One our consultant has flland line on the roperty,
Corp taff will review t, and, if it is accurate we strongly recommenave the line rveyed for
fina approval by the rps. The Corps will, of make a final jurisdicti ination on y ur property
without an approve survey. 5U.C,,6) a- 1 .2-9t
1`^?l The wetlands on your lot have been delineated, and the limits of '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 three years from the date of this notification.
' There are n wetlands p esent on the abo e described property which are subject tot permit
requireme s of Section 4 of the Clean Wa er Act (33 US¢ 1344). Unless th re is a change n the law
or our pu ished regulat' ns, this determinati may be reli?dd upon for a eriod
y p not to exceed t ree years
from th date of this notification.
r?^5 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not required for work on the property restricted entirely to existing high ground. If you have any
questions regarding the Corps of Engineers regulatory program, please contact
/11?ckoz. S at (91D) 22;-1- `f `6L 1
Property owner/Authorized Agent Signature
Project Manager Signature
Date Expiration Date -S-?D 3
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST B4 ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
iA V%
CFSAW Form 566
1 OCr 92
..
.
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y $
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? 9.? M
.... 7 ,. ..? ...- . .
.. a ... .-.....
..
SCALE 1" = 2.4 miles
James Ward Tract
Pender County, NC
Land Management Group, Inc.
Fnvtro mcutW C'ownhsnts
Wilmington, N,C.
December 2002
Vicinity map.
j 3--wjue roau crossing
(0.04 ae)
w a'? 53
404 wetlands
Proposed impacts to 404 wetlands
James Ward Tract
NWP 39 Application
fender County. NC;
Land Management Group, Inc.
FvMrommW CORMitanh
Wilmington, N.C.
December 2002
SCALE I'= 100'
Proposed wetland impacts
#I and #2.
12 404 wetlands
Existing impacts to 404 wetlands
James Ward Tract
NWP 39 Application
Pender County, NC
rilb-
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
December 2002
Existing wetland impacts
#3.
12/05/2002 03:19 9102591295 1NSFJEUITUNS
Sent By; LAND MANAGEMENT; 910 452 0060 ; aeo-5-02 1:44PM;
AGENT DISCLOSURE FORM
TO WHOM rr MAY CONCERN:
F'AUE 02
Page 2/2
Vwe* the wWler d hereby au6 ori= Lend Maawmcat Group, Inc. to aye as our agent in the
preparation and mpreseot&tion of hdi7x radon related to the 3amm Ww-d tract. All questim in
regm& to this pm*4 shouts ba d"b=tcd to Land Management Group, Inc.
Sinc?.
P, L?J-az -
Z13- i ?2-
/ Date
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DWQ# C?7?1- 1(?9 q_ Pr4,x Date O Z
$$) Plan Detail Incomplete
? Please provide a location map for the project. ,
? Please show all stream impacts including all fill slopes, dissipators, 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. A -1
? 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.
6$) 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.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please
revise the plans to avoid the impacts.
? 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 stonmwater
can be discharged through the buffer.
$) Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was request. 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.
O Please provide copies of the application, copies of the site plans and other supporting information.
$) Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform
to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
UNITED STATES POSTAL SERVICE
Postage & Fees Paid
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Boulevard
Raleigh, NC 27604
First-Class Mail
USPS
Permit No. G-10
o? I..1?Il???I?II..!(?<«1..1,?(.I„i?l?(i??ll???l?l??l?l????ll?l
3 Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
3 Print your name and address on the reverse
so that we can return the card to you.
3 Attach this card to the back of the mailpiece,
or on the front if space permits.
A.; Signaturo
X 11 Agent
?j') CNY - ? Addressee
AD ceived by Printed Name) C. Dato of Delivery
e 1
Is delivery address different from item 1? ? Yes
if YES, enter d ry a °s below: ? No
Cellc?t=? -r'4?'?
1. Article Addressed to: D (-C C) k1 I
P C i>G X j
} cis MC
i,rC LAC ` ,? Sq C)?
3. Service TAP, ?'Gertified E Tai= _; Mail
? Registered fioturn Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
!. Article Number
(Transfer from service label) 7002 2 410 0003 0275 0294
IS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-Z-OJ'.
LAND MANAGEMENT GROUP, INC.
ENVIRONMENTAL CONSULTANTS
North Carolina Division of Water Quality 12/5/2002 2 0 3 7 8
Date Type Reference Original Amt. Balance Due Discount Payment
12/05/2002 Bill Permit Fee 200.00 200.00 200.00
Check Amount 200.00
3
t
t
r-;$
r
_
PAYMENT
v
RECEIVED
Coastal Federal Bank 401 Certification 200.00