HomeMy WebLinkAbout20110568 Ver 2_401 Application_20130213%% -05LP g VI
LMG
LAND MANAGEMENT GROUP mr-
Environmental Consultants
February 13'', 2013
TO: Mr. David Bailey
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: Request for Renewal of NWP 18: The Quarters at Stones Bay
Onslow County, NC
SAW- 2009 -02254
Dear Dave:
Enclosed is a NWP 18 application for your review. This application is submitted on
behalf Mr. Ken Baucom at Blackwater Development Group LLC. The project consists of the
construction of a multi - family and commercial development within the 35 -acre project area
located in Onslow County, NC. A NWP 18 was issued for this project in 2011 that authorized
0.081 acre of wetland impact. Prior to its expiration in March of 2012, the applicant installed one
impact, but did not install the other. He is unable to fully install the crossing prior to the 12
month extension. Therefore, we are resubmitting the application and requesting a new NWP 18
in order to complete the project. The site plan that was originally authorized remains unchanged.
The Pre - Construction Notification form, associated maps, and site plan are enclosed for
your review. A copy of the previously issued NWP 18 is also included. Thank you for your
assistance with this project.
S' cerely,
Kim Williams
Environmental Scientist
Encl.
C: Ms. Karen Higgins, DWQ
Ms. Joanne Steenhuis, DWQ
Mr. Ken Baucom, Blackwater Development Group, LLC
Mr. Tim Clinkscales, Paramounte Engineering, Inc.
www.lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
O�ot W ATF9OG
O <
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
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 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
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
The Quarters at Stones Bay
2b. County:
Onslow County
2c. Nearest municipality / town:
Sneads Ferry
2d. Subdivision name:
The Quarters at Stones Bay
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
The Quarters at Stones Bay LLC
- -
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
l
3d. Street address:
835 Hwy 210
3e. City, state, zip:
Sneads Ferry, NC
D NR - tMAERa 60ALITV ;
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner):
4a. Applicant is:
❑ Agent ® Other, specify: Developer
4b. Name:
Mr. Ken Baucom
4c. Business name
(if applicable):
Blackwater Development Group, LLC
4d. Street address:
2723 Horse Pen Creek Road; Suite 105
4e. City, state, zip:
Greensboro, NC 27410
4f. Telephone no.:
(336) 853 -9964
4g. Fax no.:
(336) 852 -9185
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 12
B. Project Information and Prior Project History
1. Property Identification
426902878682 ;426902974045;426902874442;
1a. Property identification no. (tax PIN or parcel ID):
426902876253;426902879000;426902961830;
426902964505;426902965471
Latitude: 34.556143 °N Longitude: - 77.441668 °W
1 b. Site coordinates (in decimal degrees):
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
35 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; HQW
2c. River basin:
White Oak River
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:
Since the previous NWP was issued, a majority of the project has been constructed. Several roads, multi - family units, and
stormwater facilities have been built. One of the two previously authorized wetland impacts has been installed. Adjacent
land use is undeveloped or residential.
3b. List the total estimated acreage of all existing wetlands on the property:
—0.8 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct a multi - family and commercial development within this area.
3e. Describe the overall project in detail, including the type of equipment to be used:
The applicant will clear the proposed road corridor and building footprints of vegetation. Then fill material will be hauled to
the site as needed and roads will be constructed. Utilities will be placed within the road right -of -way. Once the roads are
complete, building ads will be graded. The apartment units and parking areas will then be built.
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:
Land Management Group, Inc.
Name (if known): Corey Novak
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
David Bailey with the ACOE issued a jurisdictional determination on 5/16/2011 (Action ID# SAW- 2009 - 02254).
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.
A NWP 18 (SAW- 2009 - 02254) was issued on 6/24/11 that authorized 0.081 acre of wetland fill in two locations. One of
these impacts has been installed, but the other has not. Since the NWP has expired, we are requesting a new NWP to
complete the project.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Welland 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
W1 ®P ❑ T
Road
crossing /culvert
Non- riparian
® Yes
❑ No
® Corps
® DWQ
0.055
W2 ® P ❑ T
Fill for multi - family
units /parking
Non - riparian
® Yes
❑ No
® Corps
® DWQ
0.026
W3 []PC] T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 []PC] T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.081
2h. Comments: Impact #2 has already been installed.
3. Stream Impacts N/A
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 (I)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P [IT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 12
PCN Form —Version 1.3 December 10, 2008 Version
4. Open Water Impacts: N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction: NIA
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
6. Buffer Impacts (for DWQ): NIA
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
impact
required?
B1 ❑P ❑T
❑Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12
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 attempted to avoid and minimize impacts to wetlands and waters as much as possible while still
maintaining an economically viable project. A linear wetland extends almost the entire length of the property. In order to
avoid Wetland Impact #1, both a road and utilities would need to be extended southwest approximately 600 feet. This
would add significant cost to the project. Additionally, gravity sewer will be used and it is unlikely that the appropriate
elevations could be achieved using this route. Wetland Impact #2 includes part of the proposed parking facility for the
development and was designed and permitted by local agencies in such a manner to maintain the traffic continuity for the
site. The current configuration allows emergency vehicles to have the most efficient access to all parts of the
development. This impact cannot be avoided without compromising the safety of residents. Additionally, a 50' stormwater
setback is required off of the stream located on the northern property boundary of the site to protect this resource.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed to prevent erosion into adjacent wetland areas.
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: NIA
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: NIA
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
N/A
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:
S. Complete if Using a Permittee Responsible Mitigation Plan: N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form —Version 1.3 December 10, 2008 Version
S. 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. N/A
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).
N/A
6h. Comments: N/A
Page 9 of 12
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?
23.4
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:
The project engineer is currently completing a stormwater plan, which will be submitted shortly.
❑ 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: NIA
3a. In which local government's jurisdiction is this project?
❑ 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
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review: NIA
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 10 of 12
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 (federallstate) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Project will not provide access or utilities to adjacent tracts.
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.
Project will tie into the local sewer system.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally
protected species on or adjacent to the site were noted.
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?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. No EFH was noted within the project area.
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 National Trust for Historic Preservation website mapping resource was used to determine the presence of cultural
resources. No cultural resources were found.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year Foodplain?
❑ 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
1 ,
� W�+
02/13/2013
Applicant/Agent's Printed Name
ApplicanuAgent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
f;
1
AGENT AUTHOR17ATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent
✓ in the determination of jurisdictional wetland boundaries on the subject property,
.5 �A . By way of this form, Uwe additionally authorize access to the
site by representatives of the US Army Corps of Engineers (COE) and (or the NC
Division of Coastal Management (NC DCM) for the purpose of reviewing the flagged
wetland boundary and providing a final jurisdictional determination. Any questions
regarding the jurisdictional wetland determination should be directed to Land
Management Group, Inc,
Please provide the following information:
Property Address and Parcel ID Number: g" IGrl,�i &L9 4/6
Current Property Owner Name: ,/x��J.ta.�"�t,��' ,C•3. e—S2
Owner Address & Phone Number: V1,9 ` y
4 4e-
yQ
Please circle Yes or No for the following questions:
UWe are time current owners: Yes No
We are under contract to purchase the subject properly: (jes No
We are under option to purchase the subject property: Yes No
(NOTE: Site access wilEbe restricted Without notice/authorization by current owner)
Irk Print Owner's Name
A.
If X4 AIIU3q4
er's Signa .
(required for COE review of wetland delineation)
o
Date
K 9 ogy
Print Applicant's Name
Applicant' i ature
Date
�f
Y� A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 29, 2011
Onslow County
DWQ Project #: 11 -0568
Blackwater Development Group, LLC
Attn: Ken Baucom
2723 Horse Pen Creek Rd.
Suite 105
Greensboro, NC 27410
Lawrence D. Fitzpatrick
141 Brookview Ct.
Jacksonville, NC 28540
Subject Property: The Quarters at Stones Bay, Sneads Ferry
NO WRITTEN CONCURRENCE NEEDED
Dear Messrs. Baucom and Fitzpatrick:
You have our approval, in accordance with the attached conditions; to permanently impact 0.081
acres of jurisdictional wetlands as described in your application dated June 9, 2011 and received by
the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) on June 14, 2011. After
reviewing your application, we have decided this fill is below the threshold for written authorization
as long as all conditions of General Water Quality Certification Number 3821 (GC 3821) are met.
This Certification allows you to use the Nationwide 29 Permit when issued by the US Army Corps
of Engineers.
This approval is for the purpose and design that you described in your application. The approved
plans and specifications for this project are incorporated by reference and are an enforceable part of
the permit. If you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: 910 -796 -7215 / FAX: 910 - 350 -2004
Internet: www.ncwaterauality.org
An Equal Opportunity /Affirmative Action Employer
50% Recycled/ 10% Post Consumer Paper
NorthCarolina
Xaturally
Customer Service 1- 877 - 623 -6748
Page Two
Blackwater Development Group, LLC
Attn: Ken Baucom
Lawrence D. Fitzpatrick
DWQ Project #: 110568
June 29, 2011
Conditions of Certification:
1) Wetland Boundary Protective Fencing
The wetlands within 50 feet of areas of disturbance shall be clearly marked with orange warning
fencing (or similar high visibility material) to protect the remaining wetlands onsite from being
impacted.
2) Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ -that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
3) No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre - Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the
above conditions and the General Certifications are made conditions of the Federal 404 and/or
Coastal Area Management Act Permit.
If you wish to contest any conditions in the enclosed certification (associated with the approved wetland
or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed- provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) -733 -2698, Facsimile: (919)- 733 -3478
Page Three
Blackwater Development Group, LLC
Attn: Ken Baucom
Lawrence D. Fitzpatrick
DWQ Project #: 110568
June 29, 2011
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Ian McMillan at 919.807.6364 or Joanne
Steenhuis at our Wilmington Regional Office at 910.796.7215.
ce ely,
oanne Steenh is
Senior Environmental Specialist
Attachment
Enclosures GC 3821
Certification of Completion
cc: Kim Williams — Land Management Group, Inc.
Ian McMillan - DWQ 401 Oversight Unit
David Bailey - USACE Wilmington
Stephen Rynas — DCM Morehead
WiRO-
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2009 -02254 County: Onslow U.S.G.S. Quad: Jacksonville NE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: Blackwater Development Grout), LLC Owner: The Ouarters at Stones Bay, LLC
attn: Ken Baucom Address: P.O. Box 18133
Address: 2723 Horse Pen Creek Road, Suite 105 Greensboro, NC 27419
Greensboro, NC 27410
Size and location of property (water body, road name /number, town, etc.): The property is located on the north side of NC
210. approximately 0.6 mi. west of its intersection with NC 172 in Sneads Ferry, Onslow County North Carolina Tax ID: 765-
58.3.
Description of projects area and activity: The project involves Permanent impacts to 0.081 ac., of riparian nonriverine wetlands
for access and infrastructure for a proposed multi - family residential complex called The Quarters at Stones Bay.
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 -18
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 6/9/2011 (received 6/10/2011). 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 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 in Morehead City, NC, at (252) 808 -2808.
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
Expiration Date of Verification: 3/18/2012
Date: 6/24/2011
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 hqp:// per2 .nwp.usace.army.mil /surveyYhtmi to complete the survey
online.
Copy Furnished:
NCDENR -DWQ, attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405
Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Page I of 2
4__r +
Determination of Jurisdiction:
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 5/16/2011. Action ID SAW - 2009 -02254.
Corps Regulatory Official:
Expiration Date: 5/16 /2016
Copy Furnished:
NCDENR -DWQ, attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405
Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Page 2 of 7
�� = - - - - -- — / PROPOSED
— — _ — _SANITARY SEWER
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WETLAND IMPACT
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WETLAND CROSSING #1 - PLAN
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PROPOSED
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AREA (TYP.)
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PROPOSED
90 LF 2 -30" RCP
INV IN = 48.50'
INV OUT = 48.25'
\
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WETLAND CROSSING #1 - CROSS SECTION
HORIZONTAL SCALE: 1'=50'
VERTICAL SCALE: 1'--5'
GRAPHIC SCALE
0 50 100 150
SCALE: 1 " =50'
Date: 5/192011
PARAMOUNTE scale. 1• -5a BLACKWATER DEVELOPMENT GROUP, lLC
Drawn: TGC 2723 HORSE PEN CREEK ROAD
E N 43 1 N E 6 R I N Q. 1 N C. Chk: TGC GREENSBORO, NC 27410
5911 Oleander Dnvq Wilmmgmn, NC, 28403 (910)- 791 -6707 - NC Lcense # C -2846 Pmj No: 11 130P
PROAcf. T788
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*Boundaries are approximate and are
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 85.2003 SCALE 1" - 1 Mile
The Quarters at Stones Bay LMG
LAND MANAGEMENT GROUP ,.._
Blackwater Development Group ,,e�m, „,o,� „�,v Figure 1
www.LMGroup.net Vicinity Map
Onslow County, NC Phone: 910.452.0001 •1.866.LMG.1078
February 013 Fax: 910.452.0060
ry P.O. Box 2522, Wilmington, NC 28402
not meant to be absolute.
Map Source: Sneads Ferry Quadrangle 7.5 minute (topographic) 1990.
SCALE 1" = 1500'
The Quarters at Stones Bay LMG
LAND MANAGEMENT GROUP Develo p ment Grou p Figure 2
www.LMGroup.net USGS Topographic Map
Onslow County, NC Phone: 910.452.0001 •1.866.LMG.1078
February 2013 Fax: 910.452.0060
P.O. Box 2522, Wilmington, NC 28402
not meant to be absolute. I Mk: Muckalee loam I
Map Source: NRCS Soil Survey. SCALE 1" = 300'
The Quarters at Stones Bay LMG
LAND MANAGEMENT GROUT -
Blackwater Development Group ,,.;,a�m-WC0� 010„ Figure 3
www.LMGroup.net Soils Map
Onslow County, NC Phone: 910.452.0001 •1.866.LMG.1078
Februa 2013 Fax: 910.452.0060
ry P.O. Box 2522, Wilmington, NC 28402
*Boundaries are approximate and are
not meant to be absolute.
Map Source: 2013 DigitalGlobe, GeoEye, US Geological Survey USDA FSA, Map Data 2013 Google
SCALE 1" = 300'
The Quarters at Stones Bay ILMG
LAND MANAGEMENT GROUP w.
Blackwater Development Group fnrbun emolC.MOt -1, Figure 4
www.LMGroup.net ra Aerial Photograph
Onslow County, NC Phone: 910.452.0001 •1.866.LMG.1078 9 p
February 2013 Fax: 910.452.0060
P.O. Box 2522, Wilmington, NC 28402