HomeMy WebLinkAbout20100885 Ver 1_401 Application_20101010CHARLES F. RIGGS & ASSOCIATES, INC.
502 NEW BRIDGE STREET; P.O. BOX 1570
JACKSONVILLE, NORTH CAROLINA 28541
Telephone (910) 455-0877; Facsimile: (910) 455-9033
riggsland@bizec. rr.com
October 12, 2010
.To: Mr. Ian McMillan
401 Wetland Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
Cc: -(via email)
Ms. Joanne Steenhuis,
Senior Environmental Specialist
NC DWQ - Stormwater Program, Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, NC 28405
2 0 1 00 8 8 5
Re: NWP14 for proposed impacts in the new subdivision named The Landing at Everett's Creek
Dear Mr. McMillan:
Enclosed are two courtesy copies of the application submitted by Haywood Pittman of Pittman Soil
Consulting and the NW-14 permit issued by Mr. David Bailey, USACE, relating to The Landing at
Everett's Creek.
Respectfully,
Ken Johnson, SI
2 0 1 0 0 8 8 5
o?ot wAr' 9o
Z5 G
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing C OURTESY
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c. 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
le. 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
If. 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
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
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 LANDING @ EVERETTS CREEK
2b. County: ONSLOW U
2c. Nearest municipality / town: SNEADS FERRY
2d. Subdivision name: THE LANDING @ EVERETTS CREEK Qr ,
2e. NCDOT only, T.I.P. or state
project no: C.UJU
{ ?ENR WA
3. Owner Information w"YF:41i R8l?,ry
3a. Name(s) on Recorded Deed: TLAEC LLC
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable): JOHN HOLTZ
3d. Street address: 3124 LANTERN WAY
3e. City, state, zip: WILMINGTON, NC 28409
3f. Telephone no.: 9104311018
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: HAYWOOD PITTMAN
5b. Business name
(if applicable): PITTMAN SOIL CONSULTING
5c. Street address: 1073-1 GREGORY FORK ROAD
5d. City, state, zip: RICHLANDS, NC 28574
5e. Telephone no.: 910-330-2784
5f. Fax no.: 910-324-6162
5g. Email address: PITTMANSOIL@YAHOO.COM
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): 765-65.15, 765-65.5, 765C-14, 765-65.12, 765-65.8,
765C-68, 765-65.15, 765C-71
Latitude: ,34 33.192 Longitude: - 77
1b. Site coordinates (in decimal degrees): 25.709
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 77.81 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to EVERETT CREEK
proposed project:
2b. Water Quality Classification of nearest receiving water: SA
2c. River basin: WHITE OAK
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:
SITE IS CLEARED WITH VEGETATION ALONG WETLANDS. RESIDENTIAL DVELOPMENT ON EAST, WEST, AND
NORTH. COMMERCIAL TO SOUTH
3b. List the total estimated acreage of all existing wetlands on the property:
34.295
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1500
3d. Explain the purpose of the proposed project:
TO GAIN ACCESS TO UPLANDS VIA. ROAD CROSSINGS
3e. Describe the overall project in detail, including the type of equipment to be used:
RESIDENTIAL DEVELOPMENT USING HEAVY EQUIPMENT TO CROSS WETLANDS TO GAIN ACCESS TO
UPLANDS.
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?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): UNKNOWN Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
UNKNOWN. BRAD SHAVER
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
A CLUBHOUSE IS TO BE CONSTRUCTED BUT WETLAND CROSSING LOCATIONS ARE NOT KNOWN AT THIS
TIME. AN ACCESS WILL BE NEEDED BUT EXACT LOCATION OF WETLAND CROSSING IS NOT KNOWN AT THIS
TIME.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
I 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.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 P ? T FILL RIPPARIAN ? Yes
® No ® Corps
? DWQ .018
W2 ® P ? T FILL NON-RIPPARIAN F-1 Yes
®No ® Corps
?DWQ 02
W3 ® P ? T FILL NON-RIPPARIAN ? Yes
® No ® Corps
? DWQ 02
W4 ® P ? T FILL NON-RIPPARIAN ? Yes
® No ® Corps
? DWQ .033
W5 ? P ? T ? Yes ® Corps
® No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts .091
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 Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 M P ? T CULVERT/FILL UNNAMED ® PER
? INT ® Corps
® DWQ 2 24
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 24
3i. Comments:
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. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
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. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
K 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.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? PEI T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
ROADS WERE PLACED TO AVOID AND MINIMIZE IMPACTS TO WETLANDS AND STREAMS. ROADS WERE PLACED
ALONG EXISTING PATH AND EXISTING CROSSINGS WERE USED.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
CONSTRUCTION OF HEADWALLS ON CROSSINGS, CULVERTS ARE TO BE BURIED 20% OF DIAMETER, SILT FENCE
IS TO BE INSTALLED ALONG EDGE OF FILL AREAS AND IS TO BE SEEDED AND STRAWED TO PREVENT EROSION
INTO 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? ® 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 Quantity
3c. Comments:
4. Complete if Making 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: ? warm ? cool ?cold
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.
WETLAND PRESERVATION OF THE MAJORITY OF THE REMAINING WETLANDS ON THE PROPERTY. 4 AREAS
ARE BEING LEFT OFF THE PRESERVATION, SO FUTURE ACCESS CAN BE MADE TO A CLUB HOUSE AND TO
GAIN A COUNTY REQUIRED SECONDARY ACCESS TO THE PROPERTY. THE OVERALL PRESERVATION WILL
STILL BE MUCH GREATER THAN 10:1.
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
buffer mitigation? ? Yes ® No
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.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(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 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. 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 Management Plan
2a. What is the overall percent imperviousness of this project? 12%
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:
PLAN PREPARED BY CHARLES RIGGS AND ASSOCIATES, AND APPROVED ON 6-14-10.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? ONSLOW
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? 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
attached? ? Yes ® No
S. 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? ® 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)?
1c. 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 2B.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.
NORTH TOPSAIL UTILITES SEWER
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 Desig ated Critical
Habitat?
USFWS WEBSITE
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? T[--] Yes ® N o
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
SOUTH ATLANTIC HABITAT AND ECOSYSTEM IMS
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 ® N
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 resour ces?
STATE HISTORIC PRESERVATION OFFICE
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® Nd
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
HAYWOOD PITTMAN 6-14-10
Applicant/Agent's Printed Name A plicant/Agent's Signature Date
(Agent's signature Is valid only if an authorization letter from the applicant
Is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. 2006 00493 County: Onslow USGSPuad: Sneads Ferry
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: TLAEC, LLC Agent: Charles F. Riau & Associates, Inc.
attn: Duane Seward attn: Ken Johnson
Address: 3124 Lantern Way Address: P.O. Box 1570
Wilmington, NC 28409 Jacksonville, NC 28541-1570
Size and location of property (water body, road name/number, town, etc.): The 77.81 ac. project known as The Landing at
Everett's Creek is located alone the north side of NC 172 approximately 0.4 mi east of its intersection with NC 210, Sneads
Ferry, Onslow County.
Description of projects area and activity: The project involves permanent impacts to 0 091 ac of nonriparian wetlands and 24
linear`feet of iurisdictional tributary, for the infrastructure of a 151 lot subdivision to be called The Landing at Everett's
Creek,
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-14
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 8/912010 (received 8/11/2010), revised information
dated 8/24/2010 (received 8/25/2010), and a wetland preservation map dated 9/10/2010 (received 9/1012010 via email). Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to detennine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 395-3900.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David E. Bailey at 910-251-4469.
Corps Regulatory Official Date: 9/10/2010
Expiration Date of Verification: 3/18/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit htip:Hpert.nwp.usace.anny.mil/survey.littnl to complete the survey
online.
Copy Furnished:
NCDENR-DWQ, attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405
Pittman Soil Consulting, attn: Haywood Pittman, 1003 Gregory Fork Road, Richlands, NC 28574
Page 1 of 2
Determination of Jurisdictpn:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 3?/? 2009. Action ID SAW-20W-RQ 493.
Corps Regulatory Official: ''?------ ??__
Expiration Date: 3/2/2014
Copy Furnished:
NCDENR-DWQ, attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405
Page 2 of 5
Special conditions:
The Landing at Everett's Creek
AID# 2006 00493
1) The permittee shall execute and cause to be recorded in the Onslow County Register of Deeds restrictive
covenants acceptable to the Corps of Engineers (draft reviewed and approved in revised information
packet dated 8/24/2010, received 8/30/2010) for the purpose of maintaining the preservation areas, as
shown on the reviewed plat (Preservation Map, The Landing at Everett's Creek, dated 9/10/2010, received
9/10/2010 via email) in their natural state in perpetuity, prior to the sale or conveyance of any lots or other
property within each subdivision section or phase. The permittee shall enforce the terms of the restrictive
covenants and, prior to conveyance of the property, shall take no action on the property described in the
covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded
restrictive covenants to the Corps of Engineers within 15 days of recording.
These provisions relating to the wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.
2) The wetland boundary, as marked on the Preservation Map, The Landing at Everett's Creek (dated
9/10/2010, received 9/10/2010 via email), shall be physically/visually identified using silt fence, safety fence,
or similar products during all phases of construction in the following areas:
a. The limits of the wetland impacts authorized by this permit
b. The wetland boundaries within 50 feet of all construction and other land disturbing activities
within The Landing at Everett's Creek development.
3) Future phases and work at The Landing at Everett's Creek will be considered part of the The Landing at
Everett's Creek single and complete project, and impacts will be considered cumulative with impacts
permitted during earlier phases. As such, if impacts proposed in future phases in combination with
impacts permitted in earlier phases exceed the Nationwide Permit threshold, future phases will be subject
to Individual Permit review.
?/ 9 4 010
Date:
Project Manager
2
3 1
NETLAND
MPACT 2
WETLAND
AND STREAM
IMPACT 1
PRELIMINARY
NOT FOR RECORDING
TO U
COASTAL WETLANDS AS DELINEATED BY
HAYWOOD PITTMAN OF PITTMAN SOIL
CONSULTING AS OF APRIL 22, 2010.
404 WETLANDS
EPHEMERAL/ INTERMITTENT
® STRTEAM CLASSIFICATION POINT
AS DETERMINED BY JOANN
STEENHUIS ON APRIL 29, 1010.
OWNERS
TLAEC LLC
3124 LANTERN WAY
WILMINGTON, NC 28409
TAX PARCEL ID:
765-65.15
TITLE SOURCE
D.B. 3235, P. 261
REFERENCES
D.B. 2498, P. 966
M.B. 58, P. 19
M.B. 48, P. 205
M.B. 56, P. 222
ELEVATIONS RELATIVE TO
NAVD 1988
GRAPHIC SCALE
1000 0 sou 1000 2000
( IN FEET )
1 inch = 1000 it.
CHARLES F. RIGGS & ASSOCIATES, INC.
(C-730)
LAND SURVEYING AND LAND PLANNING
502 NEW BRIDGE STREET, PO BOX 1570
JACKSONVILLE, NC 25841-1570
TELEPHONE (910) 455-0877
FACSIMILE (910) 455-9033
dggsland@bizec.rr.com
PLANNED RESIDENTIAL DEVELOPMENT
OF
THE LANDING AT
EVERETT'S CREEK
EVERETT YOPP DRIVE,
STUMP SOUND TOWNSHIP,
ONSLOW COUNTY. NC
OVERALL WETLAND
IMPACT MAP
1 OF 6
PR?POSED I WELCOME WAY
I E0r PROPOSED 60 R/W
I I 1 30' ASPHALT W/ 2.5'
'
• ? CURB AND GUTTER ON
I •?
I • ,- . _ EACH SIDE
EXISTING CROSSING. PROPOSED
54LF CMP CULVERT TO REPLACE
EXISTING 30LF CMP CULVERT.
TOTAL LENGTH OF STREAM
IMPACT IS 24LF (54LF-30LF)
POTENTIAL WETLAND AND
STREAM IMPACT 1.
(770 SF, 0.0181 A
I C)
?
20
• - - PROP OS ED
WIN WALL, TO
.?.1• • BE NGINEERED
., BY 0 ERS '
WETLAND AND STREAM IMPACT 1
SCALE: 1"=50'
F--.- _ 404 WETLANDS
35
30
25
20
15
10
30
20 PRELIMINARY
NOT FOR
15 RECORDING
10
rn? o? cDr r?? ?LO ?n
u-) In m w .4- In Low -w
c ? ?M cOM
N N N N N N N N N N N N N N
2+50 3+00 3+50
WETLAND IMPACT 1
SCALE:
HORIZ: 1"=50'
VERT: 1"=10'
GRAPHIC SCALE
50 0 25 so too
( IN FEET )
1 inch = 50 ft
CHARLES F. RIGGS & ASSOCIATES, INC. K. JOHNSON
(C-730) PLANNED RESIDENTIAL DEVELOPMENT nuw er I SCOTT
of WETLAND *Emw Br. C.F. RIGS
LAND SURVEYING AND LAND PLANNING THE LANDING AT IMPACT MAP DAM 05, 2 ono
502 NEW BRIDGE STREET, PO BOX 1570 ' ?, "c
JACKSONVILLE
NC 25841-1570 EVERETT
S CREEK os _74
,
TELEPHONE (910) 455-0877 EVERETT YOPP DRIVE,
POTENTIAL IMPACT 1
FACSIMILE (910) 455-9033 STUMP SOUND TOWNSHIP, 20F6
dggsland@bizec.rr.COm ONSLOW COUNTY, NC
PROPOSED
FACE OF CURB
+00
?
. \? 45
\ ?o-
OPOSED?? +
WIN6?WALL, , • ,
TOE BE \
BY
l G
PR *OSED
EOP
POTENTIAL WETLAND
IMPACT 3.
• ?• , : 860 SF, 0.020 AC)
A \ I
WETLAND IMPACT 3
SCALE: 1 "=50'
30
25
r r.
•_ 404 WETLANDS
F--.-
30 PRELIMINARY
NOT FOR
25 RECORDING
15
10
r- N (O co ?- d M 0) N O co r- N
DO to d 01 Ln d '* In to (o m
In l? ?M OM OM NP7 4vi
N N N N N N N N (`1 N N N N N
1+50 2+00 2+50
WETLAND IMPACT 3
SCALE:
HORIZ: 1"=50'
VERT: 1 "=10'
10
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 inch = 50 ft
CHARLES F. RIGGS & ASSOCIATES, INC. K. JOHNSON
(C-730)
PLANNED RESIDENTIAL DEVELOPMENT
GRAM BY. J. scoTi
'
of
WETLAND ? ar
C.F. RICCS
LAND SURVEYING AND LAND PLANNING
502 NEW BRIDGE STREET
PO BOX 1570
THE LANDING AT
IMPACT MAP oATE
AUM oa 2010
,
JACKSONVILLE, NC 25841-1570 EVERETT'S CREEK ""° 02_74
TELEPHONE (910) 455-0877 EVERETT YOPP DRIVE,
POTENTIAL IMPACT 3
FACSIMILE (910) 455-9033 STUMP SOUND TOWNSHIP, 4 OF 6
dggsland@bizec.rr.com ONSLOW COUNTY, NC
0
n
Gi
y; J4
O
Q oQO `Q??Q?ts'' +
ti
i
POTENTIAL WETLAND
IMPACT 4.
/ (1,435 SF, 0.033 AC)
/ PROPOSED
EOP
y
WETLAND IMPACT 4
SCALE: 1"=50'
40
20
Od' 00Lo Nro Mao OLo
c 0 -0 00- r- - CA O
rNIYn MM nto r7M MM
1+50 2+00
WETLAND IMPACT 4
SCALE:
HORIZ: 1"=50'
VERT: 1 "=10'
F--.- _ 404 WETLANDS
2
3
40 PRELIMINARY
35 NOT FOR
RECORDING
25
20
GRAPHIC SCALE
50 0 25 w 100
( IN FEET )
1 inch = 50 fL
CHARLES F. RIGGS & ASSOCIATES, INC. K. JOHNSON-
(C-730) PLANNED RESIDENTIAL DEVELOPMENT
OF WETLAND CHECKED sr. CF. RIGGS
LAND SURVEYING AND LAND PLANNING THE LANDING AT
IMPACT MAP °"1e
A VG. os 200
502 NEW BRIDGE STREET, PO BOX 1570 EVERETT'S CREEK '
JACKSONVILLE, NC 25841-1570 05-02-74
TELEPHONE (910) 455-0877 EVERETT YOPP DRIVE,
POTENTIAL IMPACT 4
FACSIMILE (910) 455-9033 STUMP SOUND TOWNSHIP, 50F6
riggsland@bizec.rr.com ONSLOW COUNTY, NC
i?e
VARIES 6' 17'
2.5' CURB
AND
GUTTER
1 "/FT 1 /4°/Ff
*? --7-7:L -1 F -
3
GO ?
17' 6' VARIES
2.5' CURB
AND
GUTTER
1/4w/Fr
TYPICAL SECTION OF TWO LANE ROADWAY
W/ NCDOT CURB & GUTTER
NOT TO SCALE
c?+
cr_
VARIES 6' 10' 10' 6' VARIES
?r r
TYPICAL SECTION OF TWO LANE ROADWAY
NO CURB & GUTTER
NOT TO SCALE
PRELIMINARY
NOT FOR
RECORDING
CHARLES F. RIGGS & ASSOCIATES, INC. -" I-. ? .. IC JOH
(C-730) PLANNED RESIDENTIAL DEVELOPMENT MAW ,
J. SCOTT
OF WETLAND CHECKM BY. F.
RIGGS
LAND SURVEYING AND LAND PLANNING THE LANDING AT IMPACT MAP BRIE
nuc. os zoto
502 NEW BRIDGE STREET, PO BOX 1570 EVERETT'S CREEK rBO [cr" °B°h
JACKSONVILLE
2
570 65-02-74
, (9110 0)
45555--08 0877
TELEPHONE EVERETTYOPP DRIVE, TYPICAL ROADWAY
FACSIMILE (910) 455-9033 STUMP SOUND TOWNSHIP, CROSS SECTIONS 6 OF 6
riggsland@blzec.rr.com ONSLOW COUNTY, NC
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WETLAND THE LANDING AT TLAEC, LLC LANG SURVEYING AND LAND PI NNING
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TLAEC, LLC
The Landing at Everett's Creek
Action ID#: SAW-2009-00493
The following recognizes the mitigated condition and offers the Conservation Area language to be
recorded at part of the Restrictive Covenants prior to the sale of any lots.
The areas shown on the recorded plat (The Landing at Everett's Creek Preservation Map, dated August
26, 2010, and recorded on Map Book, Page_ in the Onslow County Register of Deeds) as
preservation areas shall be maintained in perpetuity in their natural or mitigated condition. No person or
entity shall perform any of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or
towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water
Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington
District, Action ID SAW-2006-00493, and therefore may be enforced by the United States of America. This
covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it.
These restrictions, identified in paragraph cannot be amended without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.