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HomeMy WebLinkAbout20060930 Ver 5_401 Application_20111211December 21 2011 TO Mr Chad Coburn NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington NC 28405 RE 401 WQC Application for Autumn Hall Town Center New Hanover County NC DWQ Project# 06 0930 V5 � Dear Chad Enclosed is a 401 Water Quality Certification Application for your revi w This application is submitted on behalf of Autumn Hall Incorporated for the Autumn Hall Town Center in Wilmington NC The applicant is proposing to construct a mixed use development with 281 single family lots 33 townhomes and a town center with offices retail stores condominiums and a hotel A NWP 29 was obtained in 2009 for permanent impacts to 0 115 acre of wetlands and 187 LF of stream and temporary impacts to 0 021 acre of wetlands and 61 LF of stream This permit expired prior to the completion of impacts Permanent impacts to 0 115 acre of wetlands and 40 LF of stream and temporary impacts to 0 021 acre of wetlands and 15 LF of stream are still needed To mitigate for all impacts 174 linear feet of stream have been restored on site Additionally the applicant has already bought into the NC Ecosystem Enhancement Program for the restoration of 68 LF of stream and preserved remaining wetlands and streams on site Please note that the recorded preservation document will need to be updated to reflect the most recent site plan Please review this revised permit application and contact me if you have any questions The DWQ application fee has been submitted to your Raleigh office Thank you for your assistance with this project Sincerely _ t � 1 Kim Williams Environmental Scientist Encl Cc Mr Raiford Trask Autumn Hall Incorporated Mr John Tunstall Norris and Tunstall Ms Emily Hughes ACOE Mr Ian McMillan DWQ ug� �e�J Do U� l 2 3 2011 DENR V',E71A.NG� AND STOR Q E a I BFANCN w-vNH Imbroup net info @lmgroup net Phone 910 452 0001 Fax 910 452 0060 1805 WrightsNille AN Suite 15, Wilmington, NC 28403 P 0 Box 2:)22, Wilmington, NC 28402 December 21 2011 TO Ms Emily Hughes U S Army Corps of Engineers 69 Darlington Avenue Wilmington NC 28403 RE NWP 29 Application for Autumn Hall Town Center New Hanover County NC Action ID# SAW 2006040204 065 Dear Emily Enclosed is a Nationwide Permit 29 Application for your review This application is submitted on behalf of Autumn Hall Incorporated for the Autumn Hall Town Center in Wilmington NC The applicant is proposing to construct a mixed use development with 281 single family lots 33 townhomes and a town center with offices retail stores condominiums and a hotel A NWP 29 was obtained in 2009 for permanent impacts to 0 115 acre of wetlands and 187 LF of stream and temporary impacts to 0 021 acre of wetlands and 61 LF of stream This permit expired prior to the completion of impacts Permanent impacts to 0 115 acre of wetlands and 40 LF of stream and temporary impacts to 0 021 acre of wetlands and 15 LF of stream are still needed To mitigate for all impacts 174 lmear feet of stream have been restored on site Additionally the applicant has already bought into the NC Ecosystem Enhancement Program for the restoration of 68 LF of stream and preserved remaining wetlands and streams on site Please note that the recorded preservation document will need to be updated to reflect the most recent site plan Please review this revised permit application and contact me if you have any questions Thank you for your assistance with this project Sincerely Kin Williams �v Wetland Scientist Encl Cc Mr Raiford Trask Autumn Hall Incorporated Mr John Tunstall Norris and Tunstall Mr Chad Coburn DWQ Mr Ian McMillan DWQ Imbi oup net rnfo0lmbroup net Phone 910 452 0001 Fax 910 4�;2 0060 3805 Wrights-,ille A-,a Suite 15, Wilmington, NC 28403 P O Boa 2n22, Wilmington, NC 28402 W A Y DU - 0 9 alo v S Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information � JJ u I 1 Processing 1 a Type(s) of approval sought from the Corps ® Section 404 Permit ❑ Section 10 Pre mit 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 Corpse TO 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 1e 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 ALREADY PAID ® Yes ❑ No 1 g Is the project located in any of NC s twenty coastal counties If yes answer 1 h below ® Yes ❑ No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project Autumn Hall 2b County New Hanover 2c Nearest municipality / town Wilmington 2d Subdivision name Autumn Hall 2e NCDOT only T I P or state project no N/A 3 Owner Information 3a Name(s) on Recorded Deed Autumn Hall Inc D Webster Trask Etal 3b Deed Book and Page No 3c Responsible Parry (for LLC if applicable) Mr Raiford Trask 3d Street address 1202 Eastwood Road 3e City state zip Wilmington NC 28403 3f Telephone no (910) 313 0795 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 Owner 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 Kim Williams 5b Business name (if applicable) Land Management Group Inc 5c Street address 3805 Wrightsville Avenue Suite 15 5d City state zip Wilmington NC 28403 5e Telephone no (910)452 0001 5f Fax no (910)452 0060 5g Email address kwilliams @lmgroup net Page 2 of 11 B Project Information and Prior Project History 1 Property Identification R05000 004 003 000 R05000 004 004 000 R05000 004 005 000 R05000 004 006 000 R05000 004 007 1 a Property identification no (tax PIN or parcel ID) 000 R05000 004 008 000 R05000 004 009 000 R05000 004 010 000 R05000 004 011 000 Latitude 34 2349 Longitude 77 8507 lb Site coordinates (in decimal degrees) (DD DDDDDD) ( DD DDDDDD) 1c Property size 235 95 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc) to UT to Bradley Creek proposed project 2b Water Quality Classification of nearest receiving water SC 2c River basin Cape Fear River Basin 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 was formerly the Duck Haven Golf Course and is mostly cleared Several roads and homes have already been built throughout the site Development in the vicinity of the project area is residential commercial or undeveloped 3b List the total estimated acreage of all existing wetlands on the property 10 85 acres 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property -4700 linear feet 3d Explain the purpose of the proposed project The proposed work is required to provide access to lots throughout the site 3e Describe the overall project in detail including the type of equipment to be used This project will consist of a mixed use development with 281 single family lots 33 townhomes and a town center with offices retail stores condominiums and a hotel The applicant will initially complete grading Planned roads and stormwater conveyances will be constructed Infrastructure such as water will then be installed Finally lots will be sold for individual development Much of this development is underway 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? Comments Jennifer Frye of the USACE signed the ® Yes ❑ No ❑ Unknown wetland survey on July 22 2004 (Action ID# 200300553) LMG requests a renewal of the previously approved line A new data package has been delivered to the ACOE 4b If the Corps made the jurisdictional determination what type ❑ Preliminary ® Final of determination was made? Agency /Consultant Company 4c If yes who delineated the jurisdictional areas Land Management Group Inc Name (if known) Paul Farley Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation ACOE July 22 2004 LMG requests a renewal of this previously approved line Page 3 of 11 PCN Form - Version 1 3 December 10 2008 Version Project Information and Prior Project History 5 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past ®Yes ❑ No ❑Unknown 5b If yes explain in detail according to help file instructions A NWP 39 was issued on 2/20/07 and a 401 WQC was issued on 12/13/06 for permanent impacts to 0 115 acre of wetlands and 147 LF of stream and temporary impacts to 0 021 acre of wetlands and 154 LF of stream The permit expired prior to project completion A NWP 29 was issued in October of 2009 that reflected a revised site plan This permit expired and impacts were not completed The applicant is requesting a new NWP 29 to complete these impacts 6 Future Project Plans 6a Is this a phased project? ❑Yes ® No 6b If yes explain N/A Page 4 of 11 C Proposed Impacts Inventory 1 Impacts Summary 1a 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 Road and Utility Crossing 404 Freshwater ® Yes ❑ No ® Corps ® DWQ 115 W2 ❑ P ® T Excavation for Utility Installation 404 Freshwater ® Yes ❑ No ® Corps ® DWQ 021 ❑ Yes ❑ Corps W3 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W4 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W5 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W6 ❑ P ❑ T ❑ No ❑ DWQ 2g Total wetland impacts 136 acres 2h Comments Project comprises of 0 115 acre of permanent wetland impacts and 0 021 ac of temporary wetland impacts 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 ®P ❑ T Road UT to Bradley ® PER ® Corps _10 147 Crossing /Culvert Creek ❑ INT ® DWQ (installed) S2 ❑ P ® T Utility Crossing UT to Bradley Creek ® PER ❑ INT ® Corps ® DWQ -10 15 S3 ❑ P ®T Culvert UT to Bradley ® PER ® Corps _10 46 Maintenance Creek ❑ INT ® DWQ (installed) S4 ® P ❑ T Road UT to Bradley ® PER ® Corps -10 40 Crossing /Culvert Creek ❑ INT ® DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 248 31 Comments Project comprises of 187 LF of permanent stream impacts and 61 LF of temporary stream impacts 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 N/A 4a 4b 4c 4d 4e Open water impact number — Name of waterbody (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 pond or lake construction proposed the complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 N/A P2 5f Total N/A 5g Comments Applicant has a stormwater permit for all constructed and proposed stormwater ponds 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) N/A 5j Size of pond watershed (acres) N/A 5k Method of construction Excavation of upland acreage 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 any impacts require mitigation then you MUST fill out Section D of this form N/A 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 T impact required El Yes B1 ❑P ❑T ❑ No ❑ Yes B2 ❑ P ❑ T ❑ No ❑ Yes B3 ❑ P ❑ T ❑ No 6h Total buffer impacts 61 Comments Page 6 of 11 D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The applicant has taken great care in the site design in order to minimize impacts to 404 wetlands and streams However the tip of a wetland finger (Impact #1) will be disturbed by the side slopes of a proposed road Another wetland area ( #2) will be temporarily impacted from the installation of a storm drain Three stream crossings are needed Stream impact #1 has already been constructed and was needed to tie the subdivision into Clear Run Drive as required by the City This crossing was relatively long (147 LF) because of the irregular shape of the property boundary in this area and the need to maintain proper road curvature Stream impact #2 is a 15 temporary impact needed to install a storm drain Stream impact #3 has already been installed and replaced an existing culvert off of Clear Run Drive as required by the City Please note that the site plan was redesigned in 2009 from the original permit application and minimizes proposed stream impacts by 53 LF 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Construction will include a series of silt fences around wetland /stream areas to control sediment erosion 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U S or Waters of the State? 2b If yes mitigation is required by (check all that apply) ® DWQ ® Corps ❑ Mitigation bank 2c If yes which mitigation option will be used for this ® Payment to in lieu fee program project? ® Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank N/A 3a Name of Mitigation Bank N/A 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 Already Paid 4b Stream mitigation requested 68 linear feet 4c If using stream mitigation stream temperature ® warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) N/A square feet 4e Riparian wetland mitigation requested N/A acres 4f Non riparian wetland mitigation requested N/A acres 4g Coastal (tidal) wetland mitigation requested N/A acres 4h Comments The applicant has already paid into the EEP for the restoration of 68 LF of stream This was a condition of the previous Nationwide Permit Remaining wetlands and streams have also been preserved as required by the NWP 5 Complete if Using a Permittee Responsible Mitigation Plan Page 7 of 11 PCN Form — Version 1 3 December 10 2008 Version 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan In accordance with the previously approved mitigation plan the applicant restored 174 LF of stream on site by removing an existing culvert and excavating a new channel Vegetation has naturally revegetated along the banks Fifteen feet of this restoration area will need to be temporarily impacted (Impact S2) Additionally remaining wetlands and streams have been preserved This preservation document will need to be updated to reflect the revised site plan 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 ❑ 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 Page8of11 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 Management Plan 2a What is the overall percent imperviousness of this project? 68% 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 A stormwater permit has been obtained by Norris and Tunstall Engineers ❑ 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? ❑ 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 El 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? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? lb 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 This project will not provide access to surrounding development Remaining wetlands and streams have been preserved 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 The applicant proposes to tie into existing public utilities 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 Spectres 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? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species According to their database several rare species are known to occur near the project area but not within it Also most observations are historic 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Site does not contain estuarine habitat that would be suitable for federally managed species 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? The NC State Historic Preservation Office HPOW EB GIS mapping resource was used to determine the presence of cultural or historic resources No cultural or historic resources were noted within this site 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? ❑ Yes ® No 8b If yes explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 year floodplain Kim Williams 4 12/21 /11 Date Applicant/Agent s Signature Applicant/Agent s Printed Name (Agents signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN I /we the undersigned hereby authorize Land Management Group Inc to act as our agent in the preparation and representation of information related to the permit application for the Autumn Hall Subdivision located in New Hanover County NC All questions in regards to this project should be directed to Land Management Group Inc Sincerely Date MW �W '4 ,1 'irt #h n"I J r *Boundaries are approximate and are ' SITE not meant to be absolute. Map Source: North Carolina Atlas & Gazetteer. Pg 84.2003 Autumn Hall Town Center Land Management Group, Inc. Autumn Hall Inc. Environmental Consultants New Hanover County, NC Wilmington, N.C. December 2011 Z Vr, r/ joh F i-4 Oceanic Pier SCALE 1" = 1 Mile Figure 1 Vicinity Map *BoUndallCJ dic dPP1Ux11r1dte dnU are not meant to be absolute. aiTE Map Source: Wrightsville Beach Quadrangle 7.5 minute (topographic) 1978. Autumn Hall Town Center Land Management Group, Inc. Autumn Hall Inc. Environmental Consultants New Hanover County, NC Wilmington, N.C. December 2011 SCALE 1" = 1200' Figure 2 USGS Topographic Map *Boundanes are approximate ana are not meant to be absolute. Map Source: NRCS Soils Map. Autumn Hall Town Center Autumn Hall Inc. New Hanover County, NC silt Land Management Group, Inc. Environmental Consultants Wilmington, N.C. December 2011 SCALE 1" = 800' Figure 3 Soils Map *Boundanes are approximate ano are not meant to be absolute. Map Source: 1998 NAPP aerial photography Autumn Hall Town Center Autumn Hall Inc. New Hanover County, NC J I I t= Land Management Group, Inc. Environmental Consultants Wilmington, N.C. December 2011 SCALE 1" = 800' Figure 4 Aerial Photograph c 0 0 d' I I W Q �Cf) cn c a 4 Q) 0 0 U a N a E co c — a a� a a 0 0 mot- � to a ♦ ♦ r �:, U ui > o c o w o) oU) C >'It c� cU CO N c Z co -0 n c co �-- O o 06 a) m Q) U) L L N O (lJZ� a') a cn w U )a Q' z of w o- U z - C) - >z C W o N O � 3 L � U 0-0 C C a J' —I N o C -a E Q C a Q = T n a � a q)U) Q �C: 0 0 d' I I W Q �Cf) cn c a 4 Q) 0 0 U a N a E co c — a a� a a 0 0 mot- � to a ♦ ♦ r �:, U ui > o c o w o) oU) C >'It c� cU CO N c Z co -0 n c co �-- O o 06 a) m Q) U) L L N O (lJZ� a') PRELIMINARY: NOT FOR CONSTRUCTION El 404 Wetlands Proposed Impact to 404 Wetlands Streams SCALE: 1 " = 40' ,AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 6. Stream impact #S1. (INSTALLED) Stream Restoration Omitted 7 � �� 12, 7 .a Stream Impact #S2: 15 LF (TEMP) 1 r- 2 A NA 119 Stream Restoration (Completed). 174 LIF-- 4 121 121-1 PRELIMINARY: NOT FOR CONSTRUCTION 404 Wetlands Proposed Impact to 404 Wetlands Stream SCALE: 1 40' 121-2 IN V. I I 0i AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 7. Proposed stream impact #S2. INVIZJ6 Stream Impact #S3: 46 LF (te p/maintenance) i INSTALLED 'I PRELIMINARY: NOT FOR CONSTRUCTION El 404 Wetlands Proposed Impact to 404 Wetlands Stream SCALE: 1 " = 40' AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 8. Stream impact #S3. (INSTALLED) 88 89 / MEN 4111181 u w 60 a 106 Sire 0 0 0 PRELIMINARY: NOT FOR CONSTRUCTION 404 Wetlands Proposed Impact to 404 Wetlands Stream SCALE: 1 " = 40' no ., ti x rOet" � v paC t #S4: 40 LF BLUE LINE I STREAM AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 9. Proposed stream impact #S4. PRELIMINARY: NOT FOR CONSTRUCTION 404 Wetlands Proposed Impact to 404 Wetlands Stream SCALE: 1 " = 40' AUTUMN HALL TOWN CENTER New Hanover County, NC Figure 10. Proposed wetland impacts #1 & #2. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW - 200640204 -065 County: New Hanover USGS Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION PERMIT MODIFICATION Property Owner: Autumn Hall Incorporated Address: Attn: Mr. Raiford Trask 1051 Military Cutoff Road, Suite 200 Wilmington, North Carolina 28405 Telephone No.: 910 - 332-4114 Size and location of property (water body, road name /number, town, etc.): The 235.95 acre tract is located along the Description of projects area and activity: This permit authorizes the discharge of fill material into 0.115 acres of wetlands and 187 linear feet of stream channel as well as temporary impacts to 0.021 acres of wetlands and 61 linear feet of stream for the purpose of constructing the infrastructure for Autumn HaII Town Center mixed -u dPvPlnnmPnt_ This nPrmit rPnlnrpc NWP ';9 icciied 2120/2007. Please see Special Conditions on the following p 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: 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached submitted plans may subiect the permittee to a stop work order, a restoration order anwor appropriate teem action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. 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 determine 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. 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 Emily Hughes at (910) 251 -4635. e Corps Regulatory Official Date: 10/19/2009 Expiration Date of Verificati 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 Customer Satisfaction Survey located at our website at http : / /regulatorv.usacesurvey.com/ to complete the survey online. Page 1 of 2 Action ID #: SAW - 2006 -40204 -065 SPECIAL CONDITIONS: 1) The 174 linear feet of onsite stream restoration will be completed as described in the Restoration Plan: Autumn Hall Town Center dated March 2009 (attached). The permittee will complete all restoration activities and vegetation plantings and fully implement the specified monitoring in accordance with the Plan, permit conditions, and success criteria if any of the success criteria are not met after five years, the permittee shall submit to the Corps a determination as to the corrective action to be taken. Annual monitoring reports will be provided to the Corps on or before April 30t' of each year until the success criteria have been met to the satisfaction of the Corps. 2) The permittee shall execute and cause to be recorded in the New Hanover County Register of Deeds the revised Declaration of Covenants for Conservation Areas and wetland preservation plat for the purpose of maintaining the on site preservation areas. Language in the Declaration prepared by Kenneth A. Shanklin has been modified to incorporate a proposed private kayak/canoe launch structure (see page 2 of attached) to be located at the headwaters of Bradley Creek. Revisions must be made to the original wetland preservation map to reflect changes to impact areas as authorized by this permit and submitted to the Corps within 15 days. The permittee shall enforce the terms of the Declaration, and, prior to the sale or conveyance of the property, shall take no action on the property described in the.Declaration inconsistent with the terms thereof. The permittee shall provide a copy of the recorded Declaration and corresponding map to the Corps within15 days of recording 3) An April 28, 2009 site visit revealed a rock check dam in the stream channel located within the 174 linear feet of proposed restoration. This structure is unauthorized and must be removed immediately. Please provide documentation that this has been complete within 15 days of receipt of this permit. Corps Regulatory Official : Date: d 5 of 5