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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 N 00 \ 00 w ro M? ?0 May ?N In OS S?6SS??O. OIL c, r. 6` \j Z J s? S? 7?y 00 o- 6)00 UU?1. UI?J'?jiSl VltSl ?Sl?l ?L ?l???L \tn OL34?yl U_ ¢QO d-?p?y tipL vl ?il? tnOOtn? u1Q3ul ul Ul O-\?pI?OLOL OOL?ilU OL ?OONN\c") ?dUUO POOPb UAL- ? Um ?O-f? i N.py \6¢O d-Oa7n -1174 ? ¢N •??CN gyp'-U7 O h00?f?N ? I ' N I- i 1 4 1 Z _- I i N ? I .U 1 p l ' I I? 11 l o l l I I; I Z I O I I I I l l l, l l ? l i ?; I I I- 1 1 1 1 1 I; i l, l;, l Q I I ; '; I 1 1 1 1 1; 1 ; ?' I l; f i l l O I I 1 I I; I I I I I 1 1 1 1 1 1 0 i l l;' ? 1 ?; 1 1 1 I I ; 1 1; 1 1 1 1 I d l' 1 Zul ? 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