20081461 Ver 2_401 Application_20100410

The Clark Group
POST OFFICE BOX 10136 19
WILMINGTON, NC 28404-0136
LETTER OF TRANSMITTAL
TO:
Mr. Ian McMillan
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
WE ARE SENDING YOU X ATTACHED UNDER SEPARATE COVER OTHER (SPECIFY)
SHIPPED VIA next day THE FOLLOWING:
NO. COPIES DATE DESCRIPTION
5 5/15/10 PCN application and associated maps
1 Copy of Check #21374 in the amount of $240.00 for application
fee

DATE: 4/15/10 PROJECT NO.06410
DWQ # 08-1461 V2
ATTENTION: Mr. Ian McMillan
RE: Additional information requested
FOR: Villas at Coral Ridge - Modification to 401
?pAID
THESE ITEMS ARE TRANSMITTED AS CHECKED BELOW:
X FOR APPROVAL
FOR YOUR USE X AS REQUESTED
FOR REVIEW/COMMENT
REMARKS/COMMENTS:
? CI _
APR 1, 0 Z010
WM - WATER QUAUTY
COPY TO: FILE SIGNATURE: \J C)--
r
E CLARK UROUP
TH
Geo-Environmental Services
Land/Hydrographic Surveys
Forestry Services
SENT VIA: US MAIL
March 11, 2010
Mr. Chad Coburn
Division of Water Quality
kF9@M0WJ1_R ?
MAR 2 ' 2010
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APR 1, l; 2010 U
NCDENR i)W - OTER WWTY DENR - WATER QUALITY
127 Cardinal Drive Extension WULMDS AND SVRMWATM BFMCM WETLANDS APO STORM-WATER RRAM01
Wilmington, NC 28405
RE: Pre-Construction Notification for The Villas at Coral Ridge, New Hanover County, North
Carolina, DWQ Project No. 08-1461, USACE Action ID: SAW-2008-01715
Clark Project No. 06410
Dear Mr. Coburn:
Please find attached a PCN form seeking 401 Certification approvals for the above referenced project.
We are filing this application for impacts (0.28 acres) to an isolated wetland system.
Please be advised that this area was identified on the original 401 Certification as an Area of
Environmental Concern (AEC) and subsequent to the issuance of the original certification Ms. Kim
Garvey, USACE, Wilmington Regulatory Office made the determination that this area was an isolated
wetland system. It was not included as an impact on the original submittal due to the fact that this
determination was not made until after the submittal and issuance of the original certificate. The area
described is actually an abandoned borrow pit which has naturalized, however it is not in keeping with
current landscape position.
Please be reminded that the total impacts for the project, inclusive of this request remain less than 0.5
acre and we respectfully request that this additional impact be allowed. The previously permitted
impacts (0.15 acres) where mitigated as required by SAW-2008-01715 in the amount of 0.4 acres and
payment was made to NCEEP and executed as per permit requirements along with approximately 9.5
acres of wetlands that were placed under deed restrictions as per USACE permit conditions.
Corporate: 5000 Blue Clay Road Castle Hayne, NC 28429 . Post Office Box 10136 Wilmington, NC 28404
[phone] Office . [phone] Facsimile
www.clark,group.us
Page 2
Chad Coburn letter
March 11, 2010
Please also be advised that RPW impacts of 80 linear feet included on the original certificate were
avoided and removed during our last iteration with the USACE as a result of road re-alignment.
We greatly appreciate both your consideration and your co-operation in this matter.
Sincerely,
Gary Mitchell to
Senior Vice President
The Clark Group
CC: Ian McMillan
NCDENR - 401 Certification and Oversight
2321 Crabtree Blvd.
Raleigh, NC 27604
File
08- I%?- 61 02,
=ot wArF9o Office Use Only:
Corps action ID no.
o < DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: ? Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ?X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
?X 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ
401 Certification:
? Yes ?x No For the record only for Corps Permit:

? Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
? Yes ?X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. N Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No
2. Project Information
2a. Name of project: The Villas at Coral Ridge
2b. County: New Hanover
2c. Nearest municipality / town: Carolina Beach
2d. Subdivision name: The Villas at Coral Ridge
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Matt Murphy (MURPHY INVESTMENT/COFFER INVESTMENT PROP II LLC)
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 1202 N. Lake Park Blvd., Suite A
3e. City, state, zip: Carolina Beach, NC 28428
3f. Telephone no.: [phone]
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form - Version 1.4 January 2009
4. Applicant Information (if diffe rent from owner)
Applicant is:
4a ? Agent ?X Other, specify: Owner (SAA)
.
Name:
4b
.
4c. Business name
licable):
(if a
pp
Street address:
4d
.
4e. City, state, zip:
Telephone no.:
4f
.
Fax no.:
4g
.
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Gary Mitchell, Brent Ashley
5b. Business name
(if applicable):
5c. Street address: The Clark Group

5000 Blue Clay Rd.
5d. City, state, zip: Castle Hayne, NC 28429
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: Gmitchell@clarkgroup. is, [e-mail]
Page 2of10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): RO 8200 (001-056-00, 001-002-000, 001-063-000)
1 b. Site coordinates (in decimal degrees) -Latitude: 34.080111 Longitude: 77.900194
1 c. Property size: 41.8 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Lord's Creek
2b. Water Quality Classification of nearest receiving water: C, SW
2c. River basin: Cape Fear (03030005)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
This site is currently undeveloped, consisting of high rolling sand ridges with pocosin wetland features between them. The general land use
surrounding the project area is residential and undeveloped land
3b. List the total estimated acreage of all existing wetlands on the property: 9.9
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
The purpose of the proposed work is to allow for the construction of roads to access the aforementioned subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The scope of this project includes the construction of a subdivision that will include single family units. The equipment to be used will include standard e
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes ? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ?X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Brent Ashley Agency/Consultant Company: The Clark Group
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
February 26, 2008 (USACE # SAW-2008-1715).
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? DYes ? N ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Prior NWP 29 was issued in regards to the initial development while awaiting review on this isolated feature.
6. Future Project Plans
6a. Is this a phased project? ? Yes ? No
6b. If yes, explain.
Page 3of10
PCN Form -Version 1.4 January 2009
C. Proposed impacts Inventory
Impacts Summary
1
.
1 a. Which sections were completed below for your project (check all that apply):
?X Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland
2a. 2b. 2c. 2d.
Wetland impact Type of impact Type of wetland Forested
number
Permanent (P) or
T
area impacted.
2e. 2f.
Type of jurisdiction Area of
Corps (404,10) or impact
DWQ (401, other) (acres)
emporary
0
28
W1 P Fill Small-Basin Wetland Yes DWQ .
089
0
W2 P Fill Pocosin Yes Corps/DWQ .
06
0
W3 P dirt path Pocosin Yes Corps/DWQ .

W4 Choose one Choose one Yes/No

W5 Choose one Choose one Yes/No -

W6 _ Choose one Choose one Yes/No -
2g. Total Wetland Impacts: 0.43
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g•
Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact
number intermittent (INT)? jurisdiction stream length
Permanent (P) or width (linear

(feet) feet)
Temporary (T)
S1 - Choose one
S2 - Choose one "
S3 - Choose one -
S4 - Choose one "
S5 - Choose one
S6 Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4of10
PCN Form - Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact Waterbody Area of impact (acres)
Permanent (P) or type
Temporary
01 Choose one Choose
02 - Choose one Choose
03 - Choose one Choose
04 - Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a 5b. 5c. 5d. 5e.
.
Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland
purpose of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other:
6b 6c. 6d. 6e. 6f. 6g.
.
Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2
number- mitigation impact impact
Permanent (P) or required? (square (square
Temporary T feet feet
-
B1 - Yes/No
B2 Yes/No
B3 Yes/No
B4 Yes/No
B5 Yes/No
B6 - Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5of10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project was designed in order to minimize wetland impacts. The subdivision was designed so as to avoid wetland impacts, no lots contain
wetlands. The only proposed wetland impacts are unavoidable because of the necessity to provide adequate egress and regress for the proposed
development. These impacts are necessary to meet the minimum requirements established by DOT for the health and safety of the general public.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All sediment and erosion control measures will be installed and maintained until permanent sodding and grasses have been sustained on all non
impervious areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:

3b. Credits Purchased (attach receipt and letter) Type: Choose one
Type: Choose one
Type: Choose one Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Makin a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form -Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ?X No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ?Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ?X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ?Yes ?X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes Z No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Please reference
rior a
roved PCN action id: SAW-2008-01715
p
.
pp
Page 9 of 10
PCN Form -Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ?X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ?X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Heritage Program
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ?X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The Fish and Wildlife Service website.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ?X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC Department of Cultural Resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ?X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Flood Maps
i<
o
Applicant/Agent's Printed Name Ap a
nt's Signature Date
iisvaI
(Agent's si nature id onl
y if an authorization
letter from the a licant is rovided)
Page 10 of 10
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