HomeMy WebLinkAbout20051501 Ver 2_401 Application_20100427MANOR VENTURES, LLC O I U
P.O. Box 1189
Hampstead, NC 28443 p I
(910) 352-2969
April 26, 2010 ., r? ?, ., ?
ti R@IE?VLA
? R.
Ian McMillan APR 2 .7 2010
401 Wetlands Unit
QENR - YYAIER l?UI,LIiY
2321 Crabtree Blvd. VMTLANDS Z1T R,%TC r-YMICH
Raleigh, NC 27604-2260
Re: The Manor at Mill Creek
Renewal of Nationwide 39 Permit for Driveway Crossing Wetland Impacts
Dear Mr. McMillan:
At the direction of Joanne Steenhuis, enclosed please find five (5) copies of Manor Ventures,
LLC's Pre-Construction Notification Form, a check for $240.00, and a copy of the letter to the
Army Corps of Engineer that was sent with the original form. I note that Ms. Steenhuis
indicated this was a "courtesy copy" and that although originally a Nationwide 39, it may be
converted to a Nationwide 29.
In any event, if you and/or Ms. Steenhuis would take whatever action is necessary at your
earliest convenience to process this renewal, I, and the buyer of one of the impacted lots,
would certainly be appreciative.
Thank you for your continuing assistance, and if you have any questions, please do not
hesitate to contact me.
Sincerely,
Eric A. Litvak
CC: Joanne Steenhuis, Dept of Environment and Natural Resources
Enc.
MANOR VENTURES, LLC
P.O. Box 1189
Hampstead, NC 28443
(910) 352-2969
April 20, 2010
Christy Wicker
Regulatory Specialist
U.S. Army Corps of Engineers
69 Darlington Ave
Wilmington NC, 28403
Hand Delivered
Re: The Manor at Mill Creek
Renewal of Nationwide 39 Permit for Driveway Crossing Wetland Impacts
Dear Ms. Wicker:
Pursuant to our conversations and meeting yesterday, enclosed please find an original and one
copy of Manor Ventures, LLC's Pre-Construction Notification Form.
As you know, the initial Permit was issued to allow wetlands impacts for road crossing and
four (4) driveway crossings for individual lots. The roads were constructed; however, due to
the economy, the driveway crossings were not constructed before the Permit expired. Now,
one of these impacted lots is under contract subject to reissuance of the Permit, and another
builder is under contract to close on four (4) un-impacted lots. In other words, the project is
apparently, hopefully, going to be developed.
Accordingly, we request that the Army Corps of Engineers review the application and re-issue
the Permit to allow these four (4) driveway crossing impacts.
Thank you for your continuing assistance, and if you have any questions, please do not
hesitate to contact me.
Sincerely,
ric A. Litvak
CC: Joanne Steenhuis, Dept of Environment and Natural Resources
Enc.
'us- I-so I 0D-_
of warF?
o? Qc Office Use Only:
Corps action ID no.
o DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information IN CA 1111
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 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 ® 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 ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: The Manor at Mill Creek (formerly Springview Estates)
2b. County: Pender
2c. Nearest municipality / town: Hampstead
2d. Subdivision name: The Manor at Mill Creek (formerly Springview Estates)
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Manor Ventures, LLC (formerly Castle Ventures, LLC)
3b. Deed Book and Page No. Deed Book 3458, Page No. 262 ?
3c. Responsible Party (for LLC if
applicable): Eric A. Litvak
APR "-
3d.
Street address:
P.O. Box 1189 _Wfu
3e. City, state, zip: Hampstead, NC 28443 OS?DSTORrt,1? ?Y
3f. Telephone no.: 910-352-2969
3g. Fax no.: N/A
3h. Email address: e.litvak@yahoo.com
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify: Owner
4b. Name: same
4c. Business name
(if applicable): same
4d. Street address: same
4e. City, state, zip: same
4f. Telephone no.: same
4g. Fax no.: same
4h. Email address: same
5. Agent/Consultant Information (if applicable)
5a. Name: same
5b. Business name
(if applicable): same
5c. Street address: same
5d. City, state, zip: same
5e. Telephone no.: same
5f. Fax no.: same
5g. Email address: same
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 3292-04-9168-0000, 3292-13-1430, and 3292-13-
Latitude: N34.3588 Longitude: - W77.7050
1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 50 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Mill Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: SA
2c. River basin: Cape Fear
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:
The site is a forty (40) lot subdivsion which has been improved with all infrastructure and gated entrance. The vacant lots
range in size from 1/2 acre to over an acre in size. One house has been built. The surroundings are other low-density
single family residential development.
3b. List the total estimated acreage of all existing wetlands on the property:
24 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose is to renew the Nationwide 39 Permit, Action ID 200500570 that permitted the wetland impact for roads and
driveway crossings. The roadway crossings were installed; however, the driveway crossings were not installed. Now the
owner/applicant has a contract to purchase Lot 25, and a builder building on four (4) other lots, and wishes to renew the
Permit for the Lot 25/26 driveway impact, as well as the other three (3) driveway impacts, so that these lots may now be
sold and built upon.
3e. Describe the overall project in detail, including the type of equipment to be used:
The subdivision is fully permitted and all infrastructure has been installed. The owner/applicant is now selling lots for
single family residences and the renewal of the permit will allow for the filling of wetlands to allow for access to Lots 9, 10,
19, and 25/ 26. All wetland activities will be performed using mechanical equipment and hand labor to minimize any
degredation of adjecent wetlands.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ? preliminary ® Final
of determination was made?
Agency/Consultant Company: Spangler Environmental,
4c. If yes, who delineated the jurisdictional areas? Inc.
Name (if known): Spangler Envirnmental, Inc. Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Corps - June 13, 2005 and June 7, 2006.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® 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 area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Type of jurisdiction
Wetland impact
act
number - Type of impact Type of wetland Forested DWq (Corps - 404,
other) Are (acres)
,
Permanent (P) or (if known)
T
Temporary
® Yes ® Corps 03
0
W1 ®P ? T fill branch bottom ? No ? DWQ .
? Yes ? Corps
W2 ?P?T ?No ?DWQ
® Yes ® Corps 02
0
W3 ®P ? T fill/culvert branch bottom ? No ? DWQ .
? Yes ?Corps
W4 ? P ? T ? No ? DWQ
® Yes ® Corps 01
0
W5 ®P ? T fill/culvert branch bottom ? No ? DWQ .
? Yes ® Corps 05
0
W6 ®P ? T fill branch bottom ® No ? DWQ .
0.11
2g. Total wetland impacts
Comments:
2h
.
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. 39
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
length
t
ream
number - (PER) or (Corps - 404, 10 s
width (linear
Permanent P or intermittent DWQ - non-404,
(INT)? other) (feet) feet)
Temporary (T)
? PER ? Corps
S1 ? P ? T ? INT ? DWQ
? PER ? Corps
S2 ? P ? T ? INT ? DWQ
? PER ? Corps
S3 ? P ? T ? INT ? DWQ
? PER ? Corps
S4 ? P ? T ? INT ? DWQ
? PER ? Corps
S5 ? P ? T ? INT ? DWQ
? PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts
Zi (`nmmontov
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Tem ora T 4b.
Name of waterbody
(if applicable) 4c.
Type of impact 4d.
Waterbody type 4e.
Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID 5b.
Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
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 you MUST fill out Section D of this form.
6a.
Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6
6b.
Buffer impact
number -
Permanent (P) or
Temporary T 6c.
Reason
for
impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1 impact
(square feet) g.
Zone 2 impact
(square feet)
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
Ai C:nmmPnts'
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
In order to minimize the impacts of the extensive wetlands on the project, the 50 acres were subdivided into only 40 lots, in a
qualifying low density development. Nonethless, of the 40 lots, approximately 28, or 70%, have wetlands on them.
Fortunately, these wetlands are semi-isolated, with no surface area waters. The lots were extensively engineered and re-
engineered in order to minimize these impacts, and as a result, of the 28 lots with wetlands, only 5 lots were impacted at 4
locations. In other words, only 20% of the wetlands lots required impacts. Put another way, only 5 out of the entire 40 lots, or
12.5%, required impacts. Given all the circumstances, this is an excellent example of low density development engineering
with minimal impacts to existing wetlands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The impacted wetlands will be filled and/or have culverts installed by a combination of mechanical and hand labor in order to
minimize any degredation of the wetlands. Additionally, soil erosion control devices will be installed and maintained for so
long as is necessary to reseed and sod in order to prevent any degredation of the adjacent wetlands.
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?
2b. If yes, mitigation is required by (check all that apply):
2c. If yes, which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
3c. Comments:
4. Complete If Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached.
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only):
4e. Riparian wetland mitigation requested:
4f. Non-riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:
4h. Comments:
® Yes ? No
? DWQ ® Corps
? Mitigation bank
® Payment to in-lieu fee program
? Permittee Responsible Mitigation
Type I Quantity
® Yes
N/A linear feet
? warm ? cool ?cold
square feet
.11 acres
acres
acres
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 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires I ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8of11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified (] Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No
Comments:
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project? 25%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater will be collected in vegetated roadside swales.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? El DDWQ 40Sto 1r w ter Program Unit
3. Certified Local Government Stormwater Review
?
3a. In which local government's jurisdiction is this project. Pender County
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? I ® Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 ® 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 ®No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® 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 ® 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.
Permits for conventional septic tank absorption field installation will be obtained from the Pender County Health
Department.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS web site and site inspection; no change from prior review.
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat? I ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The Magnuson-Stevens Fishery Conservation and Management Act; no change from prior review.
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 ® 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?
North Carolina Department of Cultural Resources; no change from prior review.
8. Flood Zone Designation (Corps Requirement)
No
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Pender County GIS and surveys
Eric A. LAVA
i"
Applicant/Agent's Signature
Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant
_..:J-J %
April 19, 2010
Date
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
r1l;J
stem
PROGRAM
November 24, 2009
Eric Litvak
Manor Ventures, LLC
PO Box 1189
Hampstead, NC 28443
Project: The Manor at Mills Creek
Expiration of Acceptance: August 24, 2010
County: Pender
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. 1 t04 U t alLgIcomnly with all other state federal or local
QT IAAn_21'7• A. Art to Prmmnte
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer 11
Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact White Oak 03030001 0 0 0 0.23 0 0 0 0
Credits White Oak 03030001 0 0 0 0.69 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Christine Wicker, USACE-Wilmington
Doug Huggett, NCDCM-Morehead City
File
Sincerely,
Wil ' D. Gilmore, PE v
Director
&VA
Pro" Our Stag
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.neeep.net
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