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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 P,, '421 COQ fM �+ I � F I r � AL r, r a?� d ! ` Al F+� V Go6gl earth 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 f We and i 9 Q� ~ d °i ! _'� r 2 ;. -- I , �J v y \ T 1 s n 7 ° Weiler.°- �_ �� f l� �c°XF r/% \ / -r _ I _- .�.hvh - --;--Preser va ti° r LIa3 Lt �� - -•c�� `I 1 -, :1 \ / - _ i` i f r i 7a lha�n Wetland �i g$ I -_� � Areot i '1 upt o R -71� s� // / -.,i �- -1 F- � \ LQt Preaervc1i I �'G.. I I 1 1 � ?r• /\ , - r jJ - -- e S `�. Area z - j '7'II� I ( i `c/ 1^-^ �T -- S 3339_'J8• M try276' _ ._ \N 20R {'a2� Tc - i 1 \ contra r f Li `_ V `I F__ --J, Da i-- T - T , - Oaf 269 >3 Cr"'er • _ __ 15 3339'39_ Cyp Vy �--r_ _ £ I; New Hanover County !f ! j1 •�1 ! t `L� I / 'C _- -1--- != - - 'tit J•$• c ° o -_ _ __1. _ i 1• DB 1502. P 288 1 -`�I•� �- -� t- _71_ -_y -i 'G e Lao I /I 9 / r / _ Section i of Revial°n of Section 2 0l 1 s - Grn R1d a t Glen Ridge at Sat Wn 1 °f / ` _ y Q West Boy tates `- - -T--+� _- y �i;I-- --i �i' - KMgswow o West Bay Estates \� �' to -_West 6. Estates MB 37,YP �� 1 I y, �- J ' �- 1 {-- N.B X36, Pg 282E _� ya r �- -_ __ MB 36. P9 299 a 185 I - GiNAW 7 _7 rry J ) 1 Section 2 / L I- t 1 ' _ �- L �- t-' - l -'1 1 r Planters Wc:k 1 _ _ l Me 35, Pg 348 `t �/ r _ 1 - _..t 'jam �� i- r _1 _ -' i Y I Jacob's Ridge t Weet Bay Esta tea ! J 'III _ I ` ' tt(-- _-a'" '-i �-' I ( 9'` Uon 21 Sol Me 42. Pg 77 r J iL. f I-- �� i"' �L _.� -_ _- " Ptn °t Qe 2gb 3b I New Hanover County OB 1502, Pg 298 Jabj 05186 Drafted by PD" Drawing Ncme WestBay- Wetlond_Plot V t!n to Rnnk #' -S 1p - C,.Snel TA9 WETLAND BEAR0f0 LENGTH U25 B2AR'NG IENCTH UNE Lai 132 L53 IiGWING 1' i' LENC 10 43,77 3&78 0.62 1568 M L76 L77 1.79 011 'Ea Lai BEAWVC N 4 4• N N 3r47'57' I - ' 1' t' 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 LINE im UO3 L704 LIDS 1.706 1.107 1.106 1 L710 Lill 1.712 1.113 1./11 L11s L116 1.117 L710 LIt9 SE APING S 34=4V IN • W •4 w - W LENGfh 60 OS 7.59 6835 51 57 200 51 57 8911 4780 A 1 &52 60 70 4399 1 2f 3435 22,88 31.06 19.34 4821 UWE 1.1 0 1126 L129 L1JC L131 1.132 L13J 1.731 :136 1.136 1.137 1.138 L139 Lt40 L141 L1{i L143 1.744 BEARWO 4 N 4 7 N • w 4• 1.1 LENGTH 24679 45. 32.19 31 97 3a 4300 3912 3101 4571 34.99 48113 3 4420 3531 2909 3753 2942 1706 LINE List L1S3 1131 1.135 1.756 1.157 LISS L7 L16D L761 L162 L183 L164 Llb L165 1.167 LISS 1.169 BEARING Y ' 1't 1 1• „ w ',T - LENGTH 33.92 24.19 2191 38.69 3&92 11 40 3420 1&96 31 W 2490 4195 2&Jt 3905 176 31.31 3260 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 BEAIpNO 1.4 l4• 1' •'14 1' a• On1 3297M 2611 IS {9 S &22 3&b 2802 31°7 2297 11 s,6 3770 27 99 26 30 2103 1 c3 2851 3507 2387 Li L1 T 8&10 6 Phone (910) 270 -9824 2491 3507 12 6510 1.27 1.3 '1' 9967 126 X73 U 8967 l29 7' 2561 LSI LS N , 150.00 {• IN to 4 • 6778 1.31 43,07 U• 6 l J1 33 1.7 15724 1.32 5163 L57 • W 2675 1.62 L8 LS t Y 4 2936 ICS] 1.33 l34 4 &O3 0119 L58 l59 24.17 2102 LOS Lab Lil '1 32.54 Lb W 67.05 Lab J0.39 1.71 L13 1.73 T 7149• 3202 3266 4153 1.36 1.37 L78 W 4130 41 63 3739 1.81 L63 Lea 7 I' W { t' 2&16 31 21 46,06 L66 1.87 Lee LI4 32.99 1.39 N '1 Yr SSJO 1.64 3198 1.89 LIS L17 1.77 9 4200 12.41 2 &93 LNO L41 1.42 '4 BO II SD OS SS B9 1.85 1.66 1.67 •1• J714 1567 4076 Loo 1.91 L02 1.78 42-37- • 1174 L44 M01 1.88 '1 2&57 L93 Lie - 36 a2 LI4 3 &95 LOS 1 &54 L9a L21 44'3T22' 5{.66 LIB 2658 1.70 2605 L93 43_ 200 213.90 7&96 597 7517 49 78 U2o L121 Ely 1125 1.121 1.123 1 Y 2234 30.06 32X 23,55 2153 3269 1.145 LI- 1.147 1.746 1.1/9 1.150 y T 71.16 371] >ZW 2637 24.97 2730 LIM 1.771 1.172 1173 1.771 L173 • 4• •4 { 71F S &31 66 29 t9 19 40 2&42 41.26 55,513 1.794 1.795 1.196 1.197 1.196 1199 L200 / S ♦ ' 3313 J042 25 35.50 :ae] 2&36 1 &a4 L21 1272 LAB 4{87 1.)1 4 1907 1.96 1.22 43.07 U7 I' 5363 L72 7' 3796 L97 1.23 3619 b 3199 UJ 2432 1.98 1.24 3a.1J 1.49 t' 2210 L74 T•'t 20.76 199 1 1.36 3635 1.50 1' 39 21 US 71 M LiCO W V t!n to Rnnk #' -S 1p - 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 ti!A ..P .r�wA.. ti W B�IIFAK WD W 1 4.177 4 (0DA q I I MX1 04RANOA . 9131 1.106 4 (001D r a , i I I I I 1 I I , t 1 It H1tt - I AiAClO mm !0 V 12 R AIL MM @oosq -ON 2• /s7 (MM AQ DD 4de I r Do NO2 U[ ®LFMraL1AV -JeF RAF %x _ R Do RR 1+00 Q 301 LID U•e FFAIC MM . LID l A- 6D 9(ddMAQ •2RAR MM r2•s6llss@mDq �Q 24W 74637 MFWr A 1+00 2+00 AFKTE A0 ow v no 1 +(D 2+00 2+37 NFWT B 3 23 O 3 10 IS W771CAL SME N FEET l'-5, 30 23 0 30 l00 ISO WVZQVTAL SCALE N FEET` IS LW lowr MZA A OL11 e s ors DATE J -14-13 c oLD 0 1714 110p Mm YALE 1' -for 0011 MW W&L MIA F Zop p 0V8 DRAHN BY' RM cHEaL£D BY NSR AM MYWS c a AM F Eu LE FILLS D MANN aDm: p Cr &W a NDII® FUM 21F. CE 11EM R PMECT RD 04 -=3 100 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 � c ilj W i P 0�1 a QF no 1 +(D 2+00 2+37 NFWT B 3 23 O 3 10 IS W771CAL SME N FEET l'-5, 30 23 0 30 l00 ISO WVZQVTAL SCALE N FEET` IS LW lowr MZA A OL11 e s ors DATE J -14-13 c oLD 0 1714 110p Mm YALE 1' -for 0011 MW W&L MIA F Zop p 0V8 DRAHN BY' RM cHEaL£D BY NSR AM MYWS c a AM F Eu LE FILLS D MANN aDm: p Cr &W a NDII® FUM 21F. CE 11EM R PMECT RD 04 -=3 100 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 � c ilj W i P 0�1 a QF 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