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Home My WebLink About20120491 Ver 1_401 Application_20120512SLA G Southern Environmental Group Inc 5315 South College Road Sui +e E Wilmington North Carolina 28412 910 452 2711 (office) 910 452 2899 (fax) Date 05/17/2012 To Mr Ian McMillan Of DWQ 401 Oversight Raleigh Attached you will find * ❑ Proposal ❑ Sketch(es) ❑ JD Package ❑ Report(s) 201 2049 1 SEC,Pmlect# 011 -00901 Lunt Naar Ocean Grove Cottages ILC USACOEActnn W# SAW 2011.00216 and SAW 2011-00217 Transmittal Letter ® PCN ❑ Wetland Map ❑ Photo(s) ❑ Plans ❑ Information Request ❑ Other Copies Dated Description 1 Narrative and 4 PCNs ' 5/17/2012 Project Narrative accompanying attachments for 602 North Carolina Avenue 1216 1218 and 1222 Mackerel Lane Carolina Beach DWQ Filing fee for all four lots u nvrea irems are ivui attacnea please contact our office These are being delivered ® For your Review /Comment ❑ For your Records ❑ Returned for Correction(s) ❑ Corrected and Returned ❑ For your Signature ❑ As Requested ❑ Other By ❑ Hand Delivery ® Fed Ex ❑ UPS ❑ Regular Mail ❑ Other Notes Hello, Ian I have provided Chad with one copy of the narrative and one copy of each PCN 1 Signature and (Typed) ame L an ENF 13" n U/1)Ty etf--0raoc� Southern Environmental Group, Inc 5515 50 th Collcgc Road 5 t E Wilm ngton (North Carol a 28412 rho e 9 10+5Z 271 I Fax 910452 2899 Email offices g s WWW scg s 17 Mav 2012 Hand Delivery Ms Emily Hughes Regulatory Specialist U S Army Corps of Engineers Wilmington District Regulatory Division Office 69 Darlington Avenue Wilmington N C 28403 Mr Chad Coburn Senior Environmental Specialist NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, N C 28405 3845 [SEQ Project # 011-009011 E � E MAY 2012 RE Nationwide Permit 18 — 602 North Carolina Avenue and 1216,1218 and 1222 Mackerel bane Carolina Beach, New Hanover County, North Carolina USACE Action 1D SAW 2011 00216 and SAW 2011 00217 Dear Ms Hughes and Mr Coburn Southern Environmental Group Inc (SEGi) on behalf of Ms Dolores Kirkbride of Ocean Grove Cottages LLC (herein referred to as the Applicant ) is submitting tlus request for Department of the Army (DA) authorization and Division of Water Quality (DWQ) concurrence to permanently impact 404 ,jurisdictional wetlands on four (4) lots in Carolina Beach in New Hanover County North Carolina The proposed impacts are requested at 602 North Carolina Avenue 1216 Mackerel Lane 1218 Mackerel Lane 1222 Mackerel Lane The Applicant is requesting DA and DWQ approvals to permanently impact non riparian wetlands for the purpose of placing fill material into 404. jurisdictional wetlands The fill is necessary to construct the dwellings and attendant features such as driveways and yards Mitigation for the proposed impacts will be provided through use of the N C Environmental Enhancement Program ( NCEEP) In Lieu Fee Program, as there are no private mitigation banks within Cape Fear River HUC The NCEEP has accepted the Applicant s request to purchase 0 25 acre of non riparian wetland restoration credit for each of the proposed impacts It is our hope that the information found attached to this correspondence and within the PCNs and their accompanying appendices will be sufficient and the authorizations will be issued However if you have question or need further information please feel free to call me at (910) 452 2711 Thank you in advance for your time and assistance with these projects Sincerely Dana A Lutheran Project Manager Enclosures Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Attachment 9 - Agent Authorization - Articles of Incorporation - Wetland Field Sketch USACE Junschc tional Determinations - Vicuuty Map - 602 North Carnhna Avenue PCN and kccompa. ^y,lrg Appendices - 1216 Mackerel Lane PCN and Accompanying Appendices - 1218 Mackerel Lane PCN and Accompanying Appendices - 1222 Mackerel Lane PCN and Accompanying Appendices Cc Mr Ian McMillan - DWQ 401 Oversight Unit Raleigh (FedEx 4 copies and DWQ Filing Fee) Attachment 1 Agent Authorization 5EGI AGENT AUTHORIZATION FORM PROPERTY ADDRESS PARCEL ID AND LEGAL DESCRIPTION 602 North Carolina Ave R09013- 007 -011 000 Blk 49 Lot 2 Wilm Beach 1216 Mackerel Lane R09013 007 014 -000 Blk 49 Lot 4 Wilm Beach 1218 Mackerel Lane R09013 -007 013 000 Blk 49 Lot 3 Wilm Beach 1222 Mackerel Lane R09013 -007 012 000 Blk 49 Lot 1 Winn Beach Property Owner (please print) Ocean Grove Cottages, LLC The undersigned registered property owner of the above noted property does hereby authorize Southern Environmental Group. Inc (SEGO to act on my behalf in matters regarding areas of environmental concern Property Owner's Address (if different than property above) Dee Kirkbride 510 Hamlet Ave Carolina Beach, NC 27428 Telephone Dee Kirkbride 910 616 2422 We hereby certify the above information submitted in this application is true and accurate to the best of our Lknoledge Property Owner Authorized Signature SEQ AuThohzed Signature mo, J-0 i.) giva Date I Date Attachment 2 Articles of Incorporation SOSID 1201618 Date Filed i/a/2011 1 37 00 PM Elame F Marshall North Carolma Secretan of State C201109800193 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §570.2 -20 of the Oena t SWAM of North Caro!>na, t� these Articles of O*Mza4on for the purpose of forMID8 a hmsted H*h�P� suhmlt 1 The name of the halted Mobility compaup► Is Ocean Glove Ca tem LLC 2 If the limited habillty company is to dissolve by a speelfic dale, latest date on whi the limited liability company ss to diasoivc. Pelpetnal 3, —310 name and address of each Ramon emudng dW atrticles of orSanM*On is as Dolores A Klr Wde Member 417 Mmula St, Owl= Beach, NC 28428 Michael L Kvkbnde, Member 417 Mama St, Carohna Beac k NC 28428 4 T str�ea addt�ess and cofty of the MIW NPWW office of the l>mitod habilifiY is Number and 3troet;1437 M*Y CutoffRL, Sate 210 City, State, Zip Coda Wgmm#twi, NC 28403 Comity' New Hanover 5 The magmg addM94 4f d ff,** flan ae sftd OMW4 of the mthal ragiste W or 6 The name of the initial i+agisWW agent la Amy I Chns Ruff 7 Principal otlyoo "ib matlon (rSeled e"W a 0 8) L ❑ The limited lability cwq my has a prcciotpal office The Ili ft adthmss end O u* of the paincipd Or= OHM lmlitad lability company IL Number aid Street City SO* zip Code The lnatlmg address, Y w"w M" araiad 046M of the P%qw office of die �;;ou is b 0 The limited liability compaq does not have a prMcipal office, C201109800193 8 Check one of the followmg —A —(I) hierabtr -rmM FPd LLV all members by vut w of their status as members mers of thus hammed Lability company C ") M'00904MUNSWU0 except as provided by N C G S Section S7C-3 members of this limited Lability company fto not be muggm by vutn of their state members. 9 Any other provisions which the limited haWq company elects to u>el,rde = attached. 10 These articles waHl be of amve upon fihng, unless a date and/or time is specified This rs the 1" dayof April , 2011 A —� Dolons A KhMnde, Ma gm Ift [M NOTES 1 F ft fee h SM Tile doemmeat m=t be MW Wo do Sm"" of&SW Member be the Attachment 3 Wetland Field Sketch 1 inch = 34 feet Wetland Field Sketch Feet of 0 10 20 40 60 80 �`,C� (o�� LLC Source: Bing Maps., s., Carolina Beach, New Hanover Co., N.C. NHC Tax Service 1/14/2011 ;. ;; Attachment 4 USACE Jurisdictional Deteramnatnons U S ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW 2011 00216 County New Hanover U S G S Quad Carolina Beach NOTIFICATION GP JURISDICTION iii. DETERMINATION Property Owner /Agent Thomas Camucio Aadress 30 Ardbley Drive New City, New York 10956 Telephone No (845) 693 4137 Property description Size (acres) 033 Nearest Waterway U f to Cape Fear USGS HUC 03030005 Nearest Town Carolina Beach River Basin Cape Fear Coordinates N 34 0216, W 77 9022 Location description The 3 contiguous properties are 602 North Carolina Ave (Parcel ID P09013 007 001 000),1222 Mackerel Lane (Parcel ID P09013 007 012 000) and 1218 Mackerel Lane (Parcel ID P09013 007 -013 001) Carolina Beach. New Hanover County, North Carolina Indicate Which of the Following: Apply A Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final a junsdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 33 1) B Approved Determination _ There are Navigable Waters of the United States within the above described property 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 X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC S 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 We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our present workload the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely delineation you may wish to obtain a consultant To be considered final any delineation must be verified by the Corps X The wetland on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this dt invation surveyed Upon compleVon, this survey ehould be reviewed and verified by the Corps Once verified this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, .provided there is no chancre in the law or our published regulations, may be relied upon for a period not to exceed five years _ The waters of the U S including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 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 _ There are no waters of the U S to include wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (3.i 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 Action Id SAW 2011 00216 X The Property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Mana ement in Wilmington, NC at (9101796 7215 to determine tl�e - rca.. rement Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 131 l) If you have any questions regarding this determination and/or the Corps regulatory program please contact Emily Hughes at 910 251 4635 C Basis For Determination Tins site exhibits wetland criteria as described iu the 1987 Corns iketiand Delineation ►'Manual and is adiacent to an unnamea tributary to the Cape Fear River This determination is based on information Provided by the Southern Environmental Group, Inc and a site visit by Emily Hughes on 1/13/011 D Remarks E Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in B above) This correspondence constitutes an approved jurisdictional determination for the above described site If you object to this determination you may request an administrative appeal under Corps regulations at 33 CFR part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address District Engineer Wilmington Regulatory Division Attn Emily Hughes Project Manager Wilmmgton Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 1398 In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for appeal under 33 CFR pain 3315 and that it has been received by the District Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by 8124/2011 * *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence ** Corps Regulatory Official Date June 24, 2011 Expiration Date June 24, 2016 The Wilmington District is committed to providuig the highest level of support to the public To help us ensure we continue to do so please complete the Customer Satisfaction Surve) located at our website at http Pregulaton usacesur,,eti com to complete the survey online Copy furnished Dana Lutheran, Southern Environmental Group, Inc 5,315 South College Road, Suite E Wilmington NC 28412 Attachment 5 Vicimty Map J6 4wU (WOP spforg HO Wilmington ea ga t e Masonborc Wirmabow Silver Lake 87 Myrtle Grove 0 FAA Creek., T 8 R U N S Vf I C K Carolina Beach 1331 Surer y Point milltory Occan Tvimmal Kure Beach Southport Attachment 8 1218 Mackerel Lane PCN and Accompanying Appendices 201 2049 1 0� WA T �9�G Office Use Only Oa Corps action ID no o 2. 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 Apphcant Information 1 Processing la Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 ermit s 1b Specify Nationwide Permit (NWP) number NWP18 or General Permit (GP) number • 1c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d 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 1g 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 1218 Mackerel Lane 2b County New Hanover 2c Nearest municipality / town Carolina Beach 2d Subdivision name NA 2e NCDOT only T I P or state project no NA 3 Owner Information 3a Name(s) on Recorded Deed Ocean Grove Cottages LLC (see, ix3 — RIA C -TC S46)' 3b Deed Book and Page No 02/30 3c Responsible Parry (for LLC if applicable) Dolores A Kirkbnde D 0WIM I 1h 3d Street address 510 Hamlet Avenue 3e City state zip Carolina Beach NC 28428 V �` 3f Telephone no 910 616 2422 t7ENR ATL=R QUALITY 3g Fax no 11AWW & Mqrte* ra "Ch 3h Email address dee @oceangrovecottages com 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 Dana Lutheran 5b Business name (if applicable) Southern Environmental Group Inc 5c Street address 5315 South College Road Suite E 5d City state zip Wilmington NC 28412 5e Telephone no 910 452 2711 5f Fax no 910 452 2899 5g Email address duutheran@segi us 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) R09013 -007 -013 000 lb Site coordinates (in decimal degrees) Latitude 34 0213 Longitude 779015 (DD DDDDDD) ( DD DDDDDD) lc Property size 0 11 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Atlantic Ocean proposed project 2b Water Quality Classification of nearest receiving water SC 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 parcel is undeveloped and unimproved but has been bushogged within the last year The parcel is located in an established developing neighborhood 3b List the total estimated acreage of all existing wetlands on the property Oil 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 3d Explain the purpose of the proposed project To construct a single family pile supported 2 story residence with driveway and yard 3e Descnbe the overall project in detail including the type of equipment to be used Dump truck and dozer will be used to bring the site up to the necessary grade The home will be built on pilings with a small enclosed area on the ground level (see Appendix JL Site Plan and Impact Map) 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination what type ❑ Preliminary ® Final of determination was made 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company SEGi Name (if known) David Scibetta Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation SAW 2011 -00216 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 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 3 of 11 PCN Form — Version 1 3 December 10 2008 Version 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) TeMDorary T W1 ®P ❑ T Fill Pocosin ❑ Yes ® No ® Corps ❑ DWQ 0 099 (4349 SF) W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 0 099 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 ❑ P [--IT NA ❑ PER ❑ Corps ❑ INT ❑ DWQ 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 31 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 NA 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 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 NA P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWO) 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 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? 61 ❑P ❑T NA El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 61 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 Fill is necessary to facilitate the construction of the dwelling driveway and yard 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The house is situated to conform to all property line setbacks The wetland location makes impact unavoidable 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 NA 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 NA linear feet 4c If using stream mitigation stream temperature ® warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) NA square feet 4e Riparian wetland mitigation requested NA acres 4f Non riparian wetland mitigation requested 0 08 acres 4g Coastal (tidal) wetland mitigation requested NA acres 4h Comments See Appendix 2 NCEEP ILF Approval Letter 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 npanan 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 15 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 la 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? 35% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why The project is residential within 1/2 mile of SA waters but does not include the disturbance of more than 10 000 SF According to Brian Stanberry Town of Carolina Beach this lot is part of the Wilmington Beach stormwater management area Therefore fees will be paid to the ToCB to handle runoff from the built upon area 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ® 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? Carolina Beach ❑ Phase II ❑ NSW 3b Which of the following locally implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ® Other Wilmington Beach Stormwater Management Area 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 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 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 This propoerty will utilize Town of Carolina Beach Sanitary Facilities 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 habitat9 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? The North Carolina Natural Heritage Program database 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries Essential Fish Habitat Mapper 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? National Historic Trust National Park Service and NC Historic Places websites 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 Budding will be constructed to meet FEMA elevation requirements 8c What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System Dana A Lutheran 5/16/12 Applicant/Agent s Printed Name Applicant/Agent s Signa ure Date (Agents 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 Version �0 9A9) Lmall M vi N Page 1 of 1 http //mediall rapmis com/wibmngton/hstmgpics/bigphoto/022/472822 jpg?tsp= 20120409 4/11/2012 EcoTtem PROGRAM May 15 2012 Ms Dee Kirkbride Ocean Grove Cottages LLC 510 Hamlet Avenue Carolina Beach NC 28428 Expiration of Acceptance November 15 2012 Project 1218 Mackerel Lane County New Hanover The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program ( NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please note that this decision does not assure that participation in the NCEEP 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 You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including SL 2009 337 An Act to Promote the Use of CoMnnsatory Mitigation Banks as amended by S L 2011 343 This acceptance is valid for six 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 in your request to use the NCEEP the impacts that may require compensatory mitigation are summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at (919) 716 1921 Sincerely Mtp llison Drector cc Karen Higgins NCDWQ Wetlands /401 Unit Emily Hughes USACE Wilmington Chad Coburn NCDWQ Wilmington Doug Huggett NCDCM Morehead City Dana Lutheran agent File Restore Pro" Our fta& A" P North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq Ft.) Buffer H (Sq Ft.) Cold Cool Warm Riparian Non Riparian Coastal Mush Impact Cape Fear 03030005 0 0 0 0 0 098 0 0 0 Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at (919) 716 1921 Sincerely Mtp llison Drector cc Karen Higgins NCDWQ Wetlands /401 Unit Emily Hughes USACE Wilmington Chad Coburn NCDWQ Wilmington Doug Huggett NCDCM Morehead City Dana Lutheran agent File Restore Pro" Our fta& A" P North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net New Hanover County PARID R09013 007 013 000 OCEAN GROVE COTTAGES LLC Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip 611010i i 313018 20 6799 000 1218 MACKEREL LN CAROLINA BEACH A5016 RES Residential 958 - Unused Land 0 R 1 WB RESIDENTIAL SF BLK 49 LOT 3 WILM BCH CB OCEAN GROVE COTTAGES LLC CAROLINA BEACH NC 28428 THE DATA IS FROM 2012 j cq till ctq 7 — 77 Of Dlq IZ 1218 MACKEREL LN Page I of 1 t.++„ //o +ate „tintyn rr%m/Fnrmc/Prmfnntnh -t acnx9n,n= R09013 007 013 000 &ern= PR0FILEALL &taxve 5/4/201