HomeMy WebLinkAbout20041167 Ver 3_Individual_2013040410 * -it 10-7 L) 3
5outkern r nvironmental Group, Inc.
5515 5out6 College Road, juite E, • Wilmington • North Carolina 28412
F6 91 0.452.271 1 • Fax: 910.452.2899 • www.segi.us
29 March 2013
Hand Delivery
Ms. Emily Hughes
Regulatory Division
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Mr. Chad Coburn
Division of Water Quality — 401 Unit
127 Cardinal Drive Extension -�-
Wilmington, NC 28405
C .
RE: Berkeley at Westbay Estates Individual Permit Application
USACE AID: SAW- 2003 -00214
DWQ Project #:.30030214 o q - 11 lot Y3
Dear Ms. Hughes,
1 4
APR ,g2013
Southern Environmental Group, Inc. (SEGi) has been retained by Savana Land Company, LLC (herein
referred to as the "Applicant ") to request and secure USACE and DWQ approval to fill 0.067 acre of 404
jurisdictional wetlands within Berkeley at Westbay Estates Subdivision.
Six (6) impacts are covered with this request. Three (3) of the impacts are fill for road crossings
consisting of 0.036 acres and 3 impacts for a combination of road crossings and lot fill consisting of 0.031
acres of wetland. The purpose for the impacts is to provide access and lot fill and is necessary to ensure
that the project is economically feasible for the Applicant. The Applicant has already mitigated for these
impacts through the restoration of 2.77 acres of non -riparian wetlands and preservation of an additional
4.70 acres of existing non - riparian wetlands within Berkeley and other phases of Westbay Estates.
Enclosed you will find the Individual Permit Application and Supplemental Information Document with
accompanying attachments. As always, should either of you have questions or concerns, please feel free
to contact me at 910.452.2711 or via email at david. ster(c�seg. Thank you both for your assistance
with this project.
Sincerely,
,.4
David A. Syster
President
Enclosures (2)
Cc: Karen Higgins — NC DWQ 401 Oversight Raleigh (4 copies and $570 filing fee)
U.S. ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL FEBRUARY 2013
EXPIRES: 28 FEBRUARY 2013
33 CFR 325. The proponent agency is CECW -CO-R.
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710 -0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413: Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320 -332. Principal Purpose: Information provided on
this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPUCANn
5. APPLICANT'S NAME
8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
First - Burrows Middle - Last - Smith
First - David Middle - Last - Syster
Company - Savana Land Company, LLC
Company - Southern Environmental Group, Inc.
E -mail Address - burrows7036@.yahoo.com
E -mail Address - David.Syster @SEGi.us
6. APPLICANT'S ADDRESS:
9 AGENTS ADDRESS:
Address- 7036 Wrightsville Avenue, Suite 101
Address- 5315 South College Rd., Suite E
City - Wilmington State - NC Zip - 28403 Country -US
City - Wilmington State - NC Zip - 28412 Country -US
7. APPLICANT'S PHONE NOs. WAREA CODE
10. AGENTS PHONE NOs. WAREA CODE
a. Residence b. Business c. Fax
a. Residence b. Business c. Fax
910- 256 -0012
910 -452 -2711 910 -452 -2899
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, SEGi to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application.
S" A4h-whin e4 Z
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Berkeley at Westbay Estates
[no a�r=
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (NIMU
N/A
Address 403 Torchwood Boulev A PR _ D
4
15. LOCATION OF PROJECT
2013
Latitude: -N Longitude: -W
City - Wilmington at Zip- 2 11
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID R04400 -001- 175 -000 Municipality
Section - Township - Harnett Range -
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3
17 DIRECTIONS TO THE SITE
rom the intersection of I -40 and Hwy. 17 (Market Street), travel north on Hwy. 17 approximately 3.5 miles. Turn left onto Torchwood
oulevard, travel west to die intersection of Torchwood Boulevard and Beacon Drive. The site is located directly west of the intersection of
orchwood Boulevard and Beacon Drive.
-See Supplemental Information Attachment 1
18. Nature of Activity (Description of project, include all features)
Berkeley at Westbay Estates is comprised of 138 lots within a S -SS acre parcel. This parcel is located directly within the existing Westbay
Estates Subdivision and is bordered by existing residential homes and proposed future residential lots.
-See Supplemental Information Attachment 1
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The project purpose is to construct a new residential phase within the Westbay Estates Subdivision.
-See Supplemental Information Attachment 1
USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Fill material is to be placed in waters and wetlands to construct 3 culverted road crossings (Impacts A, B, E), raise grade for road
construction (Impacts C, D - in part) and raise grade for construction of 7 residential lots (hnpacts C, D - in part and F entirely).
-See Supplemental Information Attachment 1
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
-See Supplemental Information Attachment 1
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres 0.067 acres
or
Linear Feet
23. Description of Avoidance, Minimization, and Compensation (see instructions)
-See Supplemental Information Attachment 1
ENG FORM 4345, OCT 2012 Page 2 of 3
24. Is Any Portion of the Work Already Complete? 0Yes FX__�No IF YES, DESCRIBE THE COMPLETED WORK
-See Supplemental Information Attachment 1
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (ff more than can be entered here, please attach a supplemental list)
a. Address- -See Supplemental Information Attachment 1
City - State - Zip -
b. Address -
City - State - Zip -
c. Address -
City - State - Zip -
d. Address -
City - State - Zip -
e. Address -
City - State - Zip -
26. List of Other Certificates or Approvals(Denials received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
-See Supplemental Inf
Would include but is not restricted to zoning, building, and flood plain permits
27 Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
S a.,04-ka.MrneniLZ 312 9 //.3
SIGNATURE OF APPLICANT DATE SIGNATURE OF GENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4346, OCT 2012 Page 3 of 3
/rte
Appendix 1
_ur :cal: �•
Berkeley at Westbay Estates
Supplemental Documentation to the Individual Permit
Requested By:
Savana Land Company, LLC
Mr. Burrows Smith
7036 Wrightsville Avenue, Suite 101
Wilmington NC 28403
Prepared By:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
910.452.2711
Date:
29 March 2013
Table of Contents
Section Title Page
I.
Purpose and Need ................................................... ...............................
1
H.
Location Existing Conditions .................................... ...............................
1
III.
Project History ...................................................... ...............................
1
IV.
Project Description .................................................. ...............................
1
V.
Avoidance and Minimization ..................................... ...............................
2
VI.
Alternatives ......................................................... ...............................
2
A.
No Action .................................................... ...............................
2
B.
Alternate Site Location ..................................... ...............................
3
C.
Preferred Location .......................................... ...............................
3
VII.
Sequence of Events ................................................. ...............................
3
VIII.
Compensatory Mitigation .......................................... ...............................
3
IX.
Adjacent Property Owners ........................................ ...............................
3
X.
Other Authorizations ................................................ ...............................
4
XI.
Summary ............................................................ ...............................
4
Appendices
A. Vicinity Map
B. Aerial Photo
C. Jurisdictional Determination
D. DWQ 401 Water Quality Certification
E. USACE Individual Permit Modification
F. Recorded Preservation Map
G. Wetland Impact Map
H. Adjacent Property Owner Key Map
I. Berkeley at Westbay Estates Impact Tables
TOC -i
Berkeley at Westbay Estates - Individual Permit Supplemental Documentation 5 r—G i
I. Purpose and Need
The purpose of this project is to construct a new phase of residential dwellings in Westbay Estates, with
associated roads and lot access, off Torchwood Boulevard, in New Hanover County, North Carolina.
II. Location and Existing Conditions
The proposed project is located at 403 Torchwood Boulevard, within Westbay Estates subdivision, in New
Hanover County, North Carolina (34.283397 °N, - 77.824710 °W). From the intersection of I-40 and Hwy. 17
(Market Street), travel north on Hwy. 17 approximately 3.5 miles. Turn left onto Torchwood Boulevard, travel
west to the intersection of Torchwood Boulevard and Beacon Drive. The site is located directly west of the
intersection of Torchwood Boulevard and Beacon Drive (see Appendix A). The address and PID associated with
this parcel is as follows:
Address PID
403 Torchwood Boulevard R04400- 001 - 175 -000
The project limits encompasses approximately 57.55 acres. A number of non -riparian wetland pockets are located
throughout the parcel. Currently, the land to the North and Northeast of the proposed subdivision have lots that
are built out and infrastructure (roads, utilities, storinwater measures) have been installed throughout the existing
Westbay subdivision. The right -of -way for the proposed Military Cutoff Extension is along the West property line
(see Appendix B).
III. Project history
The original Individual Permit (1P) for Westbay Estates encompassed several tracts of undeveloped land and was
issued, as well as associated Division of Coastal Management CAMA Consistency Determination and Division
of Water Quality Certification (WQC), to Dallas Harris Construction in 2005. Thereafter, the majority of the IP
was transferred to Savana Land Company, LLC, who modified the permit in 2007 and subsequently installed the
roads, infrastructure and constructed most of the houses in the development. Unfortunately, like many
subdivisions in New Hanover County, Berkeley fell prey to the collapse of the housing market and the remaining
lots and infrastructure were not built. At this time, Savana Land Company, LLC, has started the process of
obtaining the permits to began construction within the Berkeley Subdivision.
The project numbers associated with Berkeley at Westbay Estates include those listed below:
Issuing Agency
Document
Project Number
Date Issued
Expiration Date
*USACE
Jurisdictional Determination
2003 -00214
2/11/2013
2/11/2018
*DWQ
401 WQ Certification Mod
20020214
5/26/2007
Expired with IP
USACE
Individual Permit
2003 00214
7/5/2005
Expired
*USACE
Individual Permit Modification
2003 00214
5/20/2007
Expired
DCM
CAMA Consistency
CD05 -001
4/11/2005
Expired with IP
NHC
S &EC Permit
15 -12
5/17/2012
DWQ
Stormwater
060312
8/14/2012
Table L Proiect numbers associated with the nroiect.
* Denotes copies have been furnished as an appendix (see Appendices C -E)
The original issued (To Dallas Harris) IP and WQC authorized the permanent impact of 0.611 acres of 404 non-
riparian wetlands and 2.79 acres of Waters of the US. Prior to impacting wetlands, the IP and WQC were
modified to authorize the permanent impact of 0.24 acres of 404 non -riparian wetlands and 1.33 acres of Waters
Berkeley at Westbay Estates - Individual Permit Supplemental Documentation 5EGi
of the US. These impacts were to be offset by the restoration of 2.77 acres of non -riparian wetland, 0.49 acres of
Waters of the US and preservation of the remaining wetlands and restored wetlands (7.47 acres) located within the
project area. At this time, all restoration work has been completd and the preservation map has been recorded with
the New Hanover County Register of Deeds (see Appendix F).
IV. Project Description
The Applicant anticipates impacting 0.017 acres of jurisdictional wetlands and 0.050 acres of Waters of the US
with the development of Berkeley (See Appendix G — Wetland Impact Map). The table below denotes the impacts
to wetlands that are anticipated to take place with the proposed development:
Wetland
Impact
1D
Type
(Road crossing, building footprint,
utility, etc.)
Jurisdiction
(Section 404,10 DWQ 401,
otber�
Proposed Impacts
AC (SF)
A
Road Crossing
404 Tributary
0.0131 (572 SF)
B
Road Crossing
404 Tributary
0.0179 (780 SF)
C
Road Crossing
404 Non - Riparian Wetland
0.0135 (589.72 SF)
D
Road Crossing
404 Non - Riparian Wetland
0.0040 (176 SF)
E
Road Crossing
404 Tributary
0.0046 (200 SF)
F
Road Crossing
404 Tributary
0.0139 (606 SF)
Total Proposed Impacts
0.067 (2,924 SF)
Completed Impacts
1.050 (45,738 SF)
Cumulative Project Total
1.117 (48,657 SF)
Table 2. Wetland Impact Summary
Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe, will be utilized during the construction
process. The machinery will be used to clear the land, stabilize the soil, establish grade and to transport and
deposit the proposed fill material within the project boundaries. Sediment and erosion control measures will be
installed prior to commencement of land disturbing activities.
Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of
Environmental Concern (AECs). A CAMA Consistency Determination is being prepared concurrently with this
permit application and will be submitted to the USACE and DWQ upon receipt.
Threatened and endangered species and archaeological concerns were addressed within the previously issued
DoA and DWQ permits, as well as the DCM's CAMA Consistency Determination. No changes have occurred
since the issuance of those authorizations.
V. Avoidance and Minimization
These impacts were accounted for with the original application submittal. During the permit process, the
developer demonstrated avoidance and minimization by limiting the impacts to the jurisdictional ditches.
VI. Alternatives
The Applicant considered other potential means of developing the subject parcel, and has been unable to fmd a
practicable alternative that would achieve his goal and meet his stated purpose.
A. Alternative 1. — No Action
The No Action Alternative (leaving the proposed impact areas undeveloped) would not be feasible, as not
developing these lots would make the project economically impractical.
Berkeley at Westbay Estates - Individual Permit Supplemental Documentation 5F-G1
B. Alternative 2. — Alternate Sites
Using an alternate site is not feasible for several reasons: 1) all infrastructure and roadway access are in place
within Westbay Estates and the proposed tract is currently owned by the Applicant; and the Applicant builds
homes equal in quality, design and size to the existing homes in the subdivision.
C. Alternative 3 — Preferred Location
The proposed impacts are the preferred alternative, as they provide the location specific impacts necessary to
meet the purpose and need of the project.
VII. Sequence of events
Stormwater and S &EC permits have already been issued. Thus, work is to commence as soon as DoA of the
Individual Permit and Water Quality Certification have been issued. Work associated with the road crossings
require installing varying sized concrete manufactured pipe (see Appendix G for details). All culverts will be
buried 20 %.
VIII. Compensatory Mitigation
Wetland Impact Areas A -F were previously mitigated for, through restoration of 2.77 acres of non -riparian
wetland and also the preservation of 4.70 acres of existing wetlands (Total Preservation of 7.47 acres). Therefore,
the Applicant does not propose any further mitigation with this application.
IX. Adjacent Property Owners
The following table provides the adjacent property owner information for this project:
Number
Parcel ID #
Owner
Land Address
Mailing Address
1
R03600-001- 229 -000
Kristen L Gambill
7501 Needlefish Court
Wilmington, NC 28411
2E
R03600- 001 - 302 -000
West Bay Estates HOA
540 Torchwood Blvd
Wilmington, NC 28403
3
R03600- 001 - 265-000
William A Talley
7502 Ireland Court
Wilmington, NC 28411
4
R03600-001- 046-000
Michael P Holmes
413 Endicott Court
Wilmington, NC 28411
5
R03600- 001 - 045.000
Stewart D Etal Brown
411 Endicott Court
Hampstead, NC 28411
6
R03600- 001 - 044 -000
D F M L Rev Liv Tr Kavanagh.
409 Endicott Court
Wilmington, NC 28411
7
R03600- 001 - 043 -000
Leonard B Smith
407 Endicott Court
Wilmington, NC 28405
8
R03600- 001 - 042-000
Jon Daniel Hess
405 Endicott Court
Wilmington, NC 28411
9
R03600- 001 - 041-000
Katherine K Ellis
403 Endicott Court
Wilmington, NC 28411
10
R03600- 001 - 040 -000
Lewis H Jr Barbara A Eisley
401 Endicott Court
Wilmington, NC 28411
11
R03600- 001-066 -000
William M Rose J Wooten
313 Endicott Court
Wilmington, NC 28411
12E
R03600- 001 - 110-000
Chesney Place HOA
305 Buckhurst (hive
Wilmington, NC 28403
13
R03600-001- 137 -000
Charles L G Suzanne Pitzer
402 Brookmere Court
Wilmington, NC 28411
14
R03600- 001 - 138-000
Jesse Jessica Leahy Sasso
404 Brookmere Court
Huntington Station, NY 11746
15
R03600- 001 - 139-000
Judy M Pope
406 Brookmere Court
Wilmington, NC 28411
16
R03600 -001- 151-000
Patrick J Dillon Sr
420 Mosswood Court
Wilmington, NC 28411
17
R03600- 001 - 152 -000
Anne Marie Cunningham
421 Mosswood Court
Wilmington, NC 28411
18
R03600- 001 - 172-000
Juan D Hatsu K Gonzalez
422 Point View Court
Wilmington, NC 28411
19
R03600- 001- 173-000
Jonathan M Marianne P Servoss
423 Point View Court
Wilmington, NC 28411
20
R03600- 001- 196 -000
Wilson Jack Dietrich
424 Westridge Court
Wilmington, NC 28411
21
R03600- 001 - 197 -000
Randall L Jensen
423 Westridge Court
Wilmington„ NC 28411
22 E
R04400-001-074-000
Hollyfield at Westbay HOA
7309 Chipley Drive
Wrightsville Beach, NC 28480
Berkeley at Westbay Estates - Individual Permit Supplemental Documentation Sr—GI
23 E
R04400- 001 - 332.000
West Bay HOA
0 Mass Ave
Wilmington, NC 28403
24 E
R03500 -W5- 635-000
Whitney Pines HOA
7306 Thurgood Road
Wilmington, NC 28403
25E
R03512 -012 -058-000
Courtney Pines HOA
7432 Courtney Pines Road
Wilmington, NC 28402
Table 3. Berkeley at Westbay Estates Adjacent Property Owners. Please note that New Hanover County's G/S system does not provide the mailing address
for property owners. What is provided in this table is to the best of SEGi's ability. See Appendix Hfor the corresponding key map
X. Other Authorizations
The proposed project will require the following environmental permits:
Type
Agency
Date Issued or Applied For
401 Water Quality Certification
NC DWQ 401
Applying for concurrently with IP
CAMA Consistency
NC DCM
Applying for concurrently with IP
Stormwater
NC DWQ Stormwater
Issued
S &EC Permit
New Hanover County
Issued
Table 4. Other Authorizations
XI. Summary
The Applicant believes the development plan is the least environmentally damaging, practicable alternative.
Measures have been taken to minimize impacts to wetlands to the greatest extent practicable. The Applicant is
proposing that mitigation for the anticipated impacts has been fulfilled by the restoration of 2.77 acres of non-
riparian wetland and preservation of the existing 4.70 acres of non - riparian wetlands.
4
Berkeley at Westbay Vicinity Map
Kings Grant
17!
,2. Wilmington
7 F rt
V., 41
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW- 2003 -00214
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner: Torchwood Development Comnanv. Inc.
and Savana Land Company, LLC
Attn: Mr. Burrows Smith
7036 Wrightsville Avenue, Suite 101
Wilmington, NC 28403
Agent: Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
910452 -2711
Size (acres) Approximately 55 River Basin Northeast Cape Fear
Nearest Waterway Smith Creek Coordinates 34.28127N, - 77.82152W
USGS HUC 03030007 U.S.G.S Quad Scotts Hill
Location description: The project area is bounded by Lendire Drive on the Southwest, Section 1 of Kingswood at
West Bay Estates and Beacon Drive to the South and East, Torchwood Drive on the North and Northeast and the
NCDOT Right -of -Way to the West and Northwest, wtihin the West Bay Estates residential development, in adiacent
wetlands and tributaries to Smith Creek, in the City of Wilmington, 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
jurisdictional 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 331). If you wish, you may
request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may
provide new information for further consideration by the Corps to reevaluate the JD.
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 waters of the U.S. including wetlands on 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.
_ 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.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should 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 change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X 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 2.11.2013. Unless there is a change in the law or our
Page 1 of 5
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- 2003 -00214
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
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 Management in Wilmington, NC, at (910) 796 -7215 to determine
their requirements.
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 § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer S. Frye at 910 - 251 -4923.
C. Basis For Determination:
This site exhibits wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and the
Atlantic and Gulf Coastal Plain Reeional Supplement and is adiacent to unnamed tributaris to Smith Creek, a
tributary to the Northeast Cape Fear River. a Navigable Water of the U.S. This site also contains waterbodies that
exhibit Ordinary High Water Marks and flow to Smith Creek. This determination is based on a site visit by Jennifer
Frye on 11.8.2010 and the U.S. Army Corps of Engineers Regulatory National Standard Oaeratine Procedures for
jurisdictional determinations and the Revised Army/EPA Rapanos- Carabell guidance issued 12.2.2008.
D. Remarks
This site also contains features (waterbodies) that are components of an approved Stormwater Management facility and
not subject to the permitting requirements of Section 404 of the Clean Water Act.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. 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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
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 part 331.5, and that it has been received by the Division 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 4.11.2013.
Page 2 of 5
Action ID: SAW- 2003 -00214
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: 2.11.2013
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 http:/ /per2.nn.usace.gM.mil/surva.html to
complete the survey online.
Copy furnished:
DENR- DWQ,Wilmington Regional Office, 127 Cardinal Drive Ext. Wilmington, NC 28405 -3845
Page 3 of 5
�0 WA1F�P
D Nii� 'C
Mr. Burrow Smith
Savana Land Company, LLC
7036 Wrightsville Ave, Suite 101
Wilmington, NC 28403
Michael F Easley, Governor
William G Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P E Director
Division of Water Quality
April 26, 2007
D
Re: Westbay Estates Phase V, VI, & VII, New Hanover County
DWQ #041167 v2 Modification; USACE Action ID. No. 20020214
APPROVAL of 401 Water Quality Certification
Dear Mr. Smith:
Attached hereto is a copy of the modified Certification No. 3506 issued to Mr. Burrow Smith of Savana
Land Company, LLC, dated April 26, 2007. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non - discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
AWK/cbk
Attachments: Certificate of Completion
r ly; 4
Si 7
Alan W. Klimek, P.E.
cc: Dana Lutheran, Southern Environmental Group Inc.
Jennifer Frye, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Stephen Rynas, DCM, Morehead City
Noelle Lutheran, DWQ, Wilmington Regional Office
Beth Wetherill, New Hanover County Engineering
File Copy
Central Files
Filename:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone. 919- 733 -1786 /FAX 919 - 733 -6893 / Internet: http: / /h2o enr.state nc.us /ncvvetlands
•_ r_ _.� � n ..m .. . .. r_ . inn/ n__ _. -JIA AA/ !� -_. I�__- � -. Il.......
No ` Caro�inna
Nlura!!y
5avana Land Company, LLC
Page 2 of 3
April 26, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Burrow Smith of Savana Land Company, LLC, to fill
0.24 acres of jurisdictional wetlands and 1.33 acres of jurisdictional waters in the Cape Fear River Basin,
associated with the construction of West Bay Estates in New Hanover County, North Carolina, pursuant to
an application filed on the 30th day of Japuary of 2007, and in additional correspondence received April 19,
2007.
'rhe application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
Amount Approved
Plan Location or Reference
nits
Stream
N/A feet
404 Wetlands
0.24 (acres)
Tract A (Park Ridge Manor)
Tract C & D Westba
Waters
1.33 (acres)
Tract A (Park Ridge Manor)
Tract B (Westbay)
Tract C & D Westba
Buffers
N/A (square ft.
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
S.. .na Land Company$ LLC
Page 3 of 3
April 26, 2007
sediment control measures for the project must be designed,
a. The erosion ands maintained in accordance with the mo�recent anualn of the
installed, operated, and m
d maintenance of the sediment and is specified
s
North Carolina Sediment and Eros and Planning an uiremen
b, The design, installation, ope ual, or exceed, the requirements
control measures must be such that they eq ion sites, borrow. sites, and
in the most recent version of the North Carolina Sediment a'� Erosion CO and
Manual, The devices shall be maintained c ntract r -owned or leased borrow pts
waste pile (spoil) Projects, including
associated with the project.
the most recent version of the
't sites, the erosion and sediment control ensures must be designed,
c, For borrow P'
installed, operated, and maintained in accordance l with the reclamation in
North Carolina Surface Mining Manual.
d, The reclamation in and implementation must comply
with the requirements of the Sedimentation Pollution Control Act .
accordance w as beyond the
3, No waste, spoil, solids,
or fill of any kind shall occur in wetlands, l on. waters,
All construction ac ivities,
tint of the impacts depicted in the 404 /401 Permit Application.
standards,
footp installation, operation, and maintenance s osfd�te sediment d quality standards,
including the design, costa
Management Practices, shall be performed so that no violations
statutes, or rules occur. aters to the
4, Sediment and erosion control measures shall not be placed in wetlands e�a ds and waters extent
Sion c
,ontrol devices in practicable. If placement of sediment and a natural grade restored within six months of the date that the
Ara shall be removed and the
unavoidable, they
Division of Land Resources has released the project.
Conti — n— i C0m' e' compliance
' d Company, LLC, shall conduct construction activities om ompanne
requirements resulting
5. Mr. Burrow Smith and Savana
Land (including any ro rim requirements of State law and
consistent with State water quality and any other app P met (including the
with section 303(d) of the Clean Water Act) violated, or that
Division determines that such standards tate or federal law being
being modify this
federal law. If the the Division may reevaluate and m fy
failure to sustain a designated
assure compliances
her conditions are necessary iO appropriate to assure compliance with such standards and
furl Before modifying the Certification, the
Certification to include conditions N P a Land Before Company, LLC, and the US Army Corps
menu in accordance with 15A N for Savan07(d) d rovide opportunity
requirements Mr. Burrow Smith an
Division shall notify 2x,0504. Any new or revised conditions shall be
an
s provide public notice in accordance 154 NCAC 2x'0 it provided to
of Engineers, p LLC in writing, shall
for public heanng in accordance with 15A NC pursuant to Section 404
= " Mr. Burrow Smith and/or Savana Land enceTin any Permit issued p ro'ect.
provided to Corps of Engineers for r
the United States Army rP
of the Clean Water
Act and shall also become conditions of the 404 Permit fort e project.
Miti— °–gin' specified in the table below. The
impacts as 2005 and final
mitigation must be provided for the
proposed d according to the plans
6 Ming plan titled Westbay Estates Mitigation m�lemen eMarch 7, 1 s
compensatory mitigation p completely constructed an P ro ect is occup
revision dated February 2007 must be comp y or road associated with the project
this Office before any permanent building roved plan and p
approved by ustments to the mitigation site must
covenants. Any repairs or adj
Or opened. The mitigation must be mointained according to the app
P the use of Restrictive C
' protected by
Savana Land Company, LLC
Page 4 of 3
April 26, 2007
be made according to the approved plan or must receive written approval from this Office to make the
repairs or adjustments.
uom ensato Credit Miti ation Re uired
Stream N/A feet
Wetlands 7.03 acres Restoration 5.43 acres Preservation
Waters N/A acres
Buffers N/A s uare feet
_a A copy of the recorded deed restriction language and associated preservation maps, approved by
U.S. Army Corps of Engineers, that preserve the remaining and mitigated wetlands mu be summed
to the DWQ Wilmington Regional Office and to the DWQ 401 Oversight and Express Office prior the sale or conveyance of any lots or other property within the subdivision or within 90 days of this
Modification, whichever occurs first.
Mitigation Monitoring
7. A report must be submitted annually to both the Central Office and the Wilmington Regional Office
of DWQ, for 5 years. This report must be submitted by April I of each year following the installation
of the wetland mitigation area. All monitoring well results and rain gauge results must be provided as
an addendum to the report. The Wetland Mitigation Monitoring Report must include the following:
1) vegetative counts and photographs; 2) hydrological status of wetlands; and 3) biological
monitoring data.
Other Conditions
8. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this mit
[applicable to construction projects that disturb one (1) or more acres] full compliance with
conditions including the sedimentation control plan, self - monitoring, record keeping and reportingt
requirements are required. A copy of this permit and monitoring report forms may be found at.
httn. / /h2o. enr.state. nc. us /su/Forms Documents htm.
9. Protective Fencing
The outside wetland boundary and along the construction corridor within these boundaries approved
under this authorization shall be clearly marked with orange warning fencing (or similar high
visibility material) for the areas that have been approved to infringe within wetland prior to any land
disturbing activities.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699 -1650.
'ob
c �f
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS •
PO BOX 1890
WILMINGTON NC 284024890 •�'~
R ECEOVE
April 20, 2007
Action ID No. SAW - 2003 - 214 -065
Savana Land Company, LLC
Attn: Mr. Burrows Smith
7036 Wrightsville Beach, Suite 101
Wilmington, North Carolina 28403
Dear Mr. Smith:
Please reference the Individual Permit, originally issue to Dallas Harris Construction on
July 5, 2005, and transferred to you on August 22, 2005, permitting the discharge of fill material
into 0.611 acres of Section 404 wetlands and 2.79 acres of Waters of the United States adjacent
to and hydrologically connected to Smith Creek, a tributary to the Northeast Cape Fear River,
associated with the construction of Phases V, VI, and VII of the Westbay Estates residential
development. The project is located along the west side of North Carolina Highway 17 (Market
Street), off Torchwood Boulevard, in Wilmington, New Hanover County, North Carolina.
Please also reference your application, dated December 5, 2006, and additional information
dated January 26, 2007, and February 21, 2007, to modify your permit to reflect changes in the
subdivision site plan, specifically Tract A/Park Ridge Manor (Phase VI) and Tracts C &
D/Westbay (also Phase VI). No changes to Tract B (Phase VII) or Phase V are proposed. You
have stated that these plan changes are the result of requirements of the City of Wilmington and
the North Carolina Department of Transportation to protect, for three years, a 150 -foot public
right -of -way for the proposed Military Cutoff Road Extension.
For Tracts A, C & D, the issued permit authorized the discharge of fill material into 0.61
acres of wetlands and 1.16 acres of jurisdictional Waters of the U.S. Compensatory mitigation
for the wetland impacts included on -site creation of 1.18 acres and preservation of 5.06 acres of
remaining wetlands, as described in Special Conditions (l) and (m). it is our understanding that
you now propose, for Tracts A, C, & D, to permanently impact 0.24 acres of wetlands and 1.12
acres of Waters, and to provide on -site mitigation through the restoration of 7.03 acres of
wetlands and the preservation of 5.43 acres of remaining wetlands. As such and including Tract
B, final proposed impacts are now 0.24 acres of wetlands and 1.33 acres of Waters of the U.S.
with the preservation of 12.46 acres of restored (7.03 acres) and existing on -site wetlands (5.43
acres).
51A
Upon review of this information, we have determined that your new proposal maintains
compliance with the 404(b)(1) guidelines and is not contrary to the public interest provided you
comply with the Special Conditions of the Permit. Therefore, we have modified your Individual
Permit to authorize the discharge of fill material into 0.24 acres of wetlands and 1.33 acres of
Waters of the U.S., to facilitate the final development phases (V, VI, and VII) of the Westbay
residential community. We have modified the Permit Special Conditions as follows (changes
identified in bold type):
Mitigation and Preservation
1) The permittee shall fully implement the compensatory mitigation plan, entitled
Westbay Estates Mitigation Plan dated, March 7,2005; final revision February
2007 (attached). Activities prescribed by this plan shall be initiated prior to, or
concurrently with, commencement of any construction activities within jurisdictional
areas authorized by this permit. The permittee will complete all construction and
vegetation plantings in accordance with this plan by November 1, 2007, and fully
implement the specified monitoring plan in accordance with the mitigation plan and
permit conditions.
If the vegetative success criterion of the survival of 320 trees per acre after two
years, and 260 trees per acre after five years (species as specified in the mitigation
plan), as specified in the mitigation plan, is not met, the permittee will submit, to the
review agencies, a determination as to the necessary corrective action(s) to be taken.
After agency approval, the action(s) will be implemented and the five -year
monitoring period for vegetation will restart.
If the hydrology success criterion, a hydroperiod of at least 12.5% of the growing
season, is not met in any normal year, the permittee will submit, to the review
agencies, a determination as to the necessary corrective action(s) to be taken. After
agency review and Corps approval, the action(s) will be implemented and the
permittee will continue monitoring hydrology until performance criterion has been
met during a normal year.
The permittee shall provide annual monitoring reports to the Corps by April 1A of
each year, the first submittal within 30 days of initial vegetation plantings, until
the success criteria have been met to the satisfaction of the District Engineer.
m) Permittee shall execute and cause to be recorded in the New Hanover County
Register of Deeds Restrictive Covenants (attached) for the purpose of maintaining
5.43 acres of existing jurisdictional wetlands and 7.03 acres of restored wetlands, as
shown on the Preservation Map for Westbay Estates, dated December 1, 2006,
and Preservation Map for Park Ridge Manor and West Side Village at West
Bay, dated November 28, 2006, (also attached) in their natural and mitigated
state in perpetuity, prior to the sale or conveyance of any lots or other property
-3-
within the subdivision or within 90 days of this Modification, whichever occurs
first. A final survey of the preservation areas with the subdivision site plan/lot
layouts clearly identified, sealed by a licensed land surveyor, must also be
recorded with the New Hanover County Register of Deeds at the same time the
Restrictive Covenants are recorded. No person or entity shall fill, grade,
excavate, or perform any other land disturbing activities; nor construct any
structures, nor allow animal grazing or watering or any other agricultural use
on such conservation areas. The permittee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no
action on the property described in the covenants inconsistent with the terms
thereof. The permittee shall provide a copy of the recorded restrictive
covenants and survey map(s) to the Corps of Engineers within 15 days of
recording.
These documents are intended to ensure continued compliance with the condition
of a Clean Water Act authorization issued by the United States of America, U.S.
Army Corps of Engineers, Wilmington District, Action ID SAW-2003-214-065
(formerly 200300214), and therefore may be enforced by the United States of
America. This covenant is to run with the land, and shall be binding on the Owner,
and all parties claiming under it. These provisions relating to wetlands cannot be
amended or modified without the express written consent of the U.S. Army
Corps of Engineers, Wilmington District.
Please be advised that all other conditions of the original permit remain applicable and that
the expiration date is unchanged. Should you have questions, please contact Jennifer Frye at the
Wilmington Regulatory Field Office, telephone (910) 251 -4923.
Sincerely,
John E. Pulliam, Jr.
Colonel, U.S. Army
District Engineer
Enclosures
C pies Furnished (with enclosures):
S. Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
S
9 i /
aan \
bol I
'\ aonter
. tea � ��ot` f o1 5th 6 pBw95
tti `c3q•?
NOTES.
1) 800ndory reftirenced to Deed Book 4685, Page 1389, Deed Book
5182 Page 1418, reference m shown, and existing Re1u corWitkme
2) The Purpose of UL map b to show dress to be used for we8snd
Preservationist on existing parcels of lone.
1 (, Section 3 if
Alemoso Place
MB 38, Pq 39
COURT ` v`N.
e aQ
• I t 1-, �' -
CERTIFICATE OF ACCURACY & MAPPING
I, Paul D Talbot, do certify that this plot woe drawn
under my suparvelon from on actual survey mode under
MY suDervlalan (deed descriptions recorded In Deed Book
5427 page 457, Map Book 50 Poge 233), that the
boundaries not surveyed ore dearly indicated, that the
ratio of precision as calculated Is 1 10,006, that this
plat was prepared In accordance with GS 47 -30 os
amended. Witness my origind signature, license number
and well this 2nd day of May A.D. 2011
This Survey is of another category, such as the
recombination of existing parcels, a court- ordered Survey,
or other exception to the definition of Subdivision
taRPr'I
3
♦ Ys4
i oW D Talbot P LS L -4099
CERTIFICATE OF OWNERSHIP AND DEDICATION.
1 (we) hereby certify that I am (we ore) the owner(s) of the
Property shown and described hereon and that t (we) hereby
adopt this plan of preservation with my (our) own free
consent Further, I (we) certify the land on shown hereon is
located In the subdivision Jurisdiction of New Hanover County
Dotes //
0.41-
Ott.
REVIEW OFFICER CERTIFICATE ^\
1, -q NL ti VR(wpyt3 yR(�y Review Officer of New /
Hanover County. certify that the mop or plat to which
this Latlfication is offixed meets all statutory
requirement$ far recording / "�•
WPNei•sLjm=l To N[W H41MrE4 AT.. gw !�\
caYHP/ etsolv,alwN aroaunax
_ Q )_� a, •C Q C
$�y
bow q 5/0 9.,7 t� 1
bate � t
' �+ `
CERTIFICATE OF REGISTRATION V ~
With this recordation New Hanover County accepts the BY THE REGISTER OF DEEDS '*
dedication for stormwater and easements. / \
STATE OF NORTH CAROLINA tit 'i
pt(p NEW HANOVER COUNTY
j ! LIRA g'
County Eng_h r
Faso Ad tai 0O'el
U25
r .,M1yn atF
UNE
Lai
132
L53
lindegistrotic 1 «r., - r11
duty
LENC
10
43,77
3&78
0.62
1568
VICINITY MAP
\rein
Holly
LINE T
LE.GtII
3476
3.08
2&9
27.89
2&7
31.66
3036
2426
42.2
50.61
3 &69
37M
1938
1703
6426
6179
7679
213.92
and recorded h Map Book �e,(�_ at Page �L
SE APING
S 34=4V IN
• W
•4
w
- W
NOT ?0 SCALE
e4t Savona Land Company. LLC .�]�I --- I _' y8 4� esl Bay fa
CO DB 4885, Pg 1369 ' 1 -� --{� - P9 380 °Les
Secton 6 of 1! 1
1
Register of Deeds
10
-• -
�r 1
MV.filtney Pure 7 ' f
45, pg 128 r✓ / li t i ,
L
L176
1.778
1.'79
1.780
L161
L182
L18J
1.79/
1.263
Liao
1.767
1.769
11 a0
1.191
1192
L19J
6slr.q c, PI,x
i C•fe�rq 4u, rya
BY.
ap Y /JeselaAT
T Section 4 of I ! r r ! �\T \� _ - _ r-- _ / 1 - 7 _ ut
' ? • 6 ' j ��' Holly F1dd at West Boy Estates, t I I r` �jT �"�= =� I
Savano Land Comocny, LLC I * J'� - - Sect
DB 4885. Pg 1389 -��• S 1.41, G _ .- _ _ _ _ _ ' i j I ! Me 46, Pg 248 -'� i 1 I 1 7 t•" ctoPPe"Niia - - ! %itnoy , °'
Welland `-'•L' L 1 1 ! CfRFi -!.. t 1 ' 1 West Ba Extension `- MB 46, Y Prnea
reservation _ L _ 1.,1, J y(� (17 ,' 7- J EW CDORi 1 MB 32• P9 32 etot � 1 i - - P9
1 ,' Are° " •'d s'•y50 I I - _ _-1I J l - (t _i I / 1 \ _ .1 1'`,' ' 3 -32 _ ! i
y ' i Cf¢710 I'll �� -!I - _� _ir I r- f i = I I
r1� c
46 `�- 1 t ! ~t t __ �! r• r
I L v y, / -- - 1422o/ w opera, I
Savona Land Com en �.LC - �i� �`t- M81 R odw - - DB 2? Dar
p \� vt• ! 1 }-- c f i-.�� �F DB 4885, Pg •389 �,. / - _ for °y C �_ ' _ _ P nr I
I Highway , f -0•r ardor 9 ,28� i
' P &Oak Rc Exton t c., .ao.'�r�
t-- Section 3 °t -� 1 ,� 1 !-- -� r' Dedicated Open SPace % � e Paga _4 sloe
H Field of West Say Eatatea 7orMwaad pptd ovPao >g� -- '---- _•�.�-
! A I °�' r t ll�I 1 of West Bat Estates 25D S. k9 �4 -P,_ �_ -•
'? ` �- • ;m o - _� r MB 45, Pg 206 1 t ` 55 '1 r I__ -J We 47. 09 3el I Davelc ; D Largo Com
I / I 1 L� Me 49, P 133 l Pm B Pan
\,n •_ i 0 9' 1 L._ ---i __� Ir\\l� ` 1!' ! „ r 9 D81 gs A i t2471P°•,Y, :nc e5. I'll U'5. - _ `�--:-
1 ��-f `; - ` - ./' i 11. _ i I es
•,r C3'tro �, .%11- _Ji l- -� ImmSL1 r�l t 7� \ / /` `•7 • "',,,t_ i� ~' Y-• --�t '_~_ Ic��._ •' , 1 t '�i ?'__-- i
9 r�- I , (( _ -,
�- -! 1. -, c r-- I m i c �' ! �/ `� 7' -� t I '- -J I $ NEE•p- 4A;�+- C+ I - I
Copperriod Exton &on ;� _F__ kT- ---;--(
{- -7 1 of West B° Eatot4,a Boyars Land Can soy, LLC I ` 1 al I
1
etlon • f i-- y -� f P $ r )
ype 1.F_. (��H�dj7�'- -F{�Md t So to
52, P9 �3J23 -1324 DB •865, Pg 1389
Ad' / 1 L Pork Ridge ! A I _ I�--�� I ) / M 49. P M� t f -, -I F- 7 i� --
at West Bay Estates _ J rr; F �Ji J I_
1' 1 i / 9 _ TJ l- l 1 r DJCD _ _ ! Wetlond
I-- I MB 55, P 165 -167 ! -- 1 i -L / p -
I �(ja ��� -' L-- ._,.I ` _I Preservation 'ea � � - L.4 ._ Garimgton Heights ,
' - --! �r ! I j Area Lys `h� I I 1ts4g' ;at West
52. Pq 41! 43 1 '• I i
r I t zt I _f �_ -J
t Holly Reid f Lyi6 �tq� >�' ILOI -- 'I- -5-- rl -•t
1 at Weslbay Estates / �� �� RUN i ^ n -1 F� ,1., r / / / I I Secton 2 of J F-- �I ct i r }t \ W -a+ 1 �' "' Vie'' •. I I,
I Dedicoted Open Space 4 \ �r } NP• o: -� �/ rr •Holi Field of West 90 F.,.,a.- _I r�'o 6
We 47. Pg 361 4 P \ \ fr W l Y Y ,g 1 Jr--
r • E r' JP1't - - app �' J� 4�, ! tl �`'\l/ /�> ��y MB 44, Pq 194 _r LLO •T I J`1 i 1 4 LIa2_ I I -S y1BS 7-
f 4 7/ \i / Y
' % y oo ��e n, I r- a' u° a `'' • J f. = t : ` \ \i �\� y� 1 - - -- - -'f aT\� .�' v tt1 483
�_ %_ �� ka_�'�✓ / \ \� __ i I_- ) 4.4y /( ! 1 ,air
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C,.Snel TA9 WETLAND
PRESERVATiON
MAP FOR
Savana Land Company,
LLC
Westbar Estotes
tvllddte Remo,nder Tracts
Hoiriett Township, New Hanover Cointy
North Carolina
Mai 2, 2011
BAR SCALE '" =200'
25.0' too 0' _^ca 400
rain
Talbot Land Surveying,
P.C.
16747 U.S Hwy 17, Suite 108
Hampstead,
North Carolina 26443
i
Phone (910) 270 -9824
I
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ti
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100 10 o )p0 200 300
L_ r-_ a
SCAM: a FEET / � 100'
LCME / C -2710
COASTAL
SITE
DESIGN, PC
MaMEMW
LANG FYANAONC
caul nw / R£90£NAAL
P.O. Box 400
MSnhphn NC 284016
(s/o� 41
791 -+4
i
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W
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no
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2+00 2+37
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0011 MW W&L MIA
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SCAM: a FEET / � 100'
LCME / C -2710
COASTAL
SITE
DESIGN, PC
MaMEMW
LANG FYANAONC
caul nw / R£90£NAAL
P.O. Box 400
MSnhphn NC 284016
(s/o� 41
791 -+4
i
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i
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0�1 a
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Berkeley at Westbay Adjacent Property Owner Key Map
F�
92�
s ,v
c'
Ff
J+
F
Berkeley at Westbay Estates Impact Tables
For Savana Land Company SAW- 2003 - 214 -065
Berkeley Proposed Impacts
Impact
Purpose
Resource
Impact (ac)
A
Road Crossing
Tributary
0.0131
B
Road Crossing
Tributary
0.0179
c
Road Crossingl
Wetland
0.0135
D
Road Crossing
Wetland
0.0040
E
Road Crossing
Tributary
0.0046
F
Road Crossing
Tributary
0.0139
3/27/2013
Westbay Permit History
Impact Status
Permit
Date Issued
Impacts (ac)
Wetland
Waters
Original Dallas Harris Permit
7/5/2005
0.611
2.79
Savana Land Modified Permit
4/20/2007
0.24
1.33
Berkeley Proposed
Impacts
(ac)
Mitigation (ac)
As -built / existing
3/6/2013
1 0.13
1 0.92
Total Preservation
7.47
Westbay Cumulative Impact Summary
Impact Status
Westbay Cumulative Impact Detail
Mitigation (ac)
Wetland
Waters
Wetland
Restoration
Tract
Waters
Existing
0.130
0.920
2.77
Proposed
0.49
Berkeley Proposed
Impacts
(ac)
Mitigation (ac)
Impacts (ac)
Mitigation (ac)
Wetland
Waters
Wetland
Restoration
Wetland
Preservation
Waters
Wetland
Waters
Wetiand
Restoration
wetland
Preservation
Waters
A - Park Ridge Manor
0.13
0.28
2.77
1.95
0.30
0.000
0.000
0.000
0.000
0.000
B - Windor Place
0.00
0.21
0.00
0.00
0.00
0.000
0.000
0.000
0.000
0.000
C - Berkeley
0.00
0.00
0.00
1.17
0.00
0.017
0.050
0.000
0.000
0.010
C 1- Copperfield Extension
0.00
0.14
0.00
0.00
1 0.11
0.000
0.000
0.000
0.000
0.000
D - Garlington Heights
0.00
0.29
0.00
1.58
1 0.08
0.000
0.000
0.000
0.000
0.000
Totals
0.13 0.92
2.77 4.70 0.49
0.017 0.050
0.000 0.000
0.010
Total Preservation
7.47
Westbay Cumulative Impact Summary
Impact Status
Impacts (ac)
Mitigation (ac)
Wetland
Waters
Wetland
Restoration
wetland
Preservation
Waters
Existing
0.130
0.920
2.77
4.70
0.49
Berkeley Proposed
0.017
0.050
1 0.00
0.00
0.01
Totals
0.147 0.970
2.77 1 4.70 0.50
I Total Cumulative Impacts I Total Preservation I
1.117 7.47
Total 2013 Impacts
0.067
�iw
\1111' , t'1 i
Appendix I
A /Ilachmeoe? t -a_
SEGO
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESC UMON
LOT NO, !!�A PLAN NO. /vA PARCEI, l.D. R�NyI - ®� 1 -! }5- q
STREET ADDRESS: MaL82 191i[y. _
Property Owner (please
LG.0
The underWVW, tegiatered property o"er of the above noted "arty, does hereby sutho =
Se„ gU F&3 ftg rental GIML Inc, (SEGi) to act on my behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
`V krruws 5M't44
W36 1Jr..1- 4sv,.11e Age W/
Telephoae:
10- ;z 54 - 512 -2--
we h y certify the above information submitted in this application is true and agate to the best of
7 o ledge.
v.�
2
S t Anthorlaed Signature Pro Arty Owner AnthorbW Signature
to- 2- 1 x 11-L&
Date Dane
xvana Land Company, LLC
Page 5 of 3
April 26, 2007
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This th 6th dj of pr' 2007
7anW.O ALITY
limek , P.E.
(I—," —
3506
A WK/cbk