HomeMy WebLinkAbout20071363 Ver 2_401 Application_20130613WITHERS & RAVENEL
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1410 COMMONWEALTH DRIVE, SUITE 1o1
WILMINGTON, NORTH CAROLINA, 28403
(910) 256 -9277
FAX (910) 256 -2584
T0: NC Division of Water Quality — 4o1 Wetlands Unit
512 N. Salisbury Street; 9" Floor
Raleigh, NC 276o4
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
01- 13 IP3 U'-
LETTER, OF TR ° NSWTAL
DATE 6/26/1
Joe No. 03130157-00
ATTENTION Ms. Karen Higgins
ggins
PHONED
gig-8o7-6363
RE: Laurenbrid a Subdivision NWP 29&33 Submittal
Previous DWQ Project #o7-i363
0-3130157-00
NWP 2 & PCN
1
6/24/13
0 130147.00
® Attached ❑ Under separate cover via
❑ Prints ❑ Plans ❑ Samples
❑ Change order ❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
6/24/13
0-3130157-00
NWP 2 & PCN
1
6/24/13
0 130147.00
CD of PCN
1
1 6/21/13
1 03130157-00
Check for $24o Application Fee
{
1
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
❑ Resubmit
❑ Submit
❑ Return
_ copies for approval
copies for distribution
corrected prints
REMARKS:
Please note that a copy of this PCN has been provided directly to Chad Coburn in the Wilmington
Office. _ — s
COPYTO: Ale
SIGNED:
ifenclosures are notas noted, kindtynotifyus atone
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June 24, 2013
I
US Army Corps of Engineers NC- Division of Water Quality
Wilmington Regulatory Field Office 401 Wetlands Unit
Attn: Ms. Emily Hughes Attn: Ms. Karen Higgins
69 Darlington Avenue 1650 Mail Service Center
Wilmington, NC 28405 Raleigh, North Carolina 27699 460
Re: Laurenbridge Subdivision — Wilmington, New Hanover County A0 1619 i
19 P i
NWP 29 & 33 PCN Submittal
Previous Corps AID: 2005- 00625 -065
Previous DWQ Project #: 07 -1363 V a JUN 2 7 2013
W &R Project #: 03130157.00 C QUALITY
Wx > Bf8nch
Dear Ms. Hughes and Ms. Higgins,
On behalf of Laurenbrige Development Company, LLC, we are requesting authorization
from the USACE to use NWP 29 for 0.425 acres of permanent wetland impacts and
0.237 acres of temporary wetland impacts for construction of the proposed residential
subdivision. A copy of this PCN has also been provided directly to Mr. Chad Coburn in
the NC -DWQ Wilmington Field Office.
The proposed project is 14.12 acres in size and is located south of the intersection of
Woods Edge Road and Beacon Drive, off of Masonboro Loop Road in Wilmington, New
Hanover County (Lat: 34.146944 °N; Long: - 77.880839 °W). The project is located in the
Cape Fear River basin (HUC 03030004) and onsite waters drain to Mott Creek (Stream
Index: 18 -82).
Proposed Project
The proposed project consists of the construction of a 34 lot residential subdivision and
associated infrastructure including roads, utilities and stormwater management. New
Hanover County is requiring the construction of the connector road between Skeet Road
and Beacon Drive in order to create an additional internal connector road within the
surrounding development.
The project also proposed the construction of a Storm Overflow Drawdown System in
order to prevent flooding during severe storm events. Due to the frequent flooding in the
area, New Hanover County Engineering Department required provisions within the plans
so that wetlands would not remain inundated for extended periods of time to help
alleviate flooding problems within the area. In the existing condition, once the wetlands
are saturated, surface water from a storm event naturally sheetflows over uplands
resulting in infiltration or conveyance to nearby ditches. However, in the post -
development condition the elevations of the surrounding development will prevent the
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wetlands from sheetflowing over uplands, resulting in impoundment of water during
severe storm events. The Storm Overflow Drawdown System has been designed to allow
excess water to drain from the onsite wetlands following a storm event.
Please note that the proposed site design is the exact same as was previously permitted by
the Corps and DWQ.
Project HistM
The Corps of Engineers issued NWPs 29 & 33 for the proposed project (AID 2005-
00625 -065) in 2007. A copy of the previously issued permit has been provided as an
Appendix.
DWQ issued a 401 WQC for the proposed project (07 -1363) in 2007. A copy of the
previously issued 401 WQC has been provided as an Appendix.
Ms. Emily Hughes with the Corps of Engineers issued a Preliminary Jurisdictional
Determination (AID #SAW- 2005- 00625) for the project site on 5/1/13.
The project was never constructed prior to expiration of the permits and the project went
bankrupt and foreclosed on by the Bank of Hampton Roads. The current applicant,
Laurenbridge Development Company, LLC, recently purchased the property from the
Bank of Hampton Roads. A copy of the deed has been provided as an Appendix.
Laurenbridge Development Company, LLC wishes to construct the project as was
previously designed and permitted.
Proposed Impacts
The proposed impacts consist of 0.4252 acres of permanent wetland impacts and 0.237
acres of temporary wetland impacts as a result of construction of the proposed project.
Of the proposed permanent wetland impacts, 0.424 acres permanent impacts are
necessary for construction of roads. New Hanover County is requiring the construction
of the section of road which will connect Skeet Road and Beacon Drive in order to create
an additional collector road within the surrounding development. Due to Wetland A
(Impact #1) being located entirely within the proposed ROW, impacts could not be
avoided and Wetland A will be completely removed by construction of the connector
road. In an effort to minimize impacts to Wetland B, the connector road was designed to
curve along the outer edge of Wetland B as much as possible while still meeting the
minimum curve radii allowed by NCDOT Standards.
The remaining 0.001 acres of permanent impacts and 0.237 acres of temporary impacts
will occur from construction of the Storm Overflow Drawdown System, which is
necessary to meet requirements by New Hanover County to prevent flooding. Due to the
frequent flooding in the area, New Hanover County Engineering Department required
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provisions within the plans so that wetlands would not remain inundated for extended
periods of time to help alleviate flooding problems within the area. In the existing
condition, once the wetlands are saturated, surface water from a storm event naturally
sheetflows over uplands. However, in the post - development condition the elevations of
the surrounding development will prevent the wetlands from sheetflowing over uplands,
which results in additional infiltration and conveyance to nearby ditches. The Storm
Overflow Drawdown System has been designed to allow excess water to drain slowly
from the onsite wetlands following a storm event. This system will prevent over
saturation of the onsite wetlands, which could result in the accumulation of surface water
and an increased potential for flooding. The Stone Drawdown System has been designed
to install drop inlets at the elevation of the 25yr, 24 hour storm event. The 25 yr, 24 hr
storm was routed for each depressed area within the wetlands in which a drop inlet will
be placed. The rims of the drop inlets are set at an elevation for the stage of the 25 yr, 24
hour storm, see Sheet C -8. A small orifice (2" to 4 ") in each of the drop inlets will allow
runoff to drain slowly over an extended period of time.
The purpose of the design of the Storm Overflow Drawdown System is two -fold; (1) to
provide flood prevention and (2) maintain the existing hydroperiod of the onsite
wetlands. The design will allow the onsite wetlands to perform their natural function of
absorbing and containing runoff to prevent flooding during storm events. Since the
onsite wetlands will no longer be able to sheetflow over uplands, the discharge structures
will allow the excess water to drain back into onsite stormwater pond. By draining the
excess surface water within the wetlands over an extended period of time, the onsite
wetlands' natural hydroperiod will be maintained without the potential for over -
saturation. Without the discharge structures removing excess water, the onsite wetlands'
hydroperiod could be significantly lengthened. The onsite wetlands consist of Carolina
Bays/Pocosins which are saturated to the soil surface during the growing season, but are
very rarely inundated. This is evidenced by a lack of biological indicators identifying
frequent inundation, including a lack of herbaceous vegetation adapted to survive periods
of inundation. Therefore, without the discharge structures, the hydrologic regime of the
onsite wetlands would be significantly altered, resulting in a permanent alteration of the
vegetative composition and habitat function of these wetlands. The discharge structures
will be installed at the 25 yr, 24 hour storm event elevation (> 1.0 feet above natural
grade), so that only surface water from storm/flood events is drained from the wetlands.
The drop inlets will not drain stormwater from average rainfall events or ground water
from the onsite wetlands.
The construction of the Storm Overflow Drawdown System will result in 0.0008 acres of
permanent wetland impacts and 0.237 acres of temporary impacts to Wetlands B and D.
The permanent wetland impacts will occur from the installation of the drop inlets which
allow excess stormwater to drain out of the wetland. The temporary impacts are needed
to facilitate the installation of the drainage pipes, as well as allow a temporary work
corridor during construction of the Storm Overflow Drawdown System. The piping will
be entrenched into the wetlands, backfilled with original spoil and returned to natural
grade. There will be no additional fill placed in this area. Upon completion of the
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installation of the drainage structures and piping, the temporary impact areas will be
graded to natural grade to remove any ruts, and planted with a wetland seed mix to
provide temporary stabilization until natural recruitment re- vegetates the disturbed areas.
Avoidance and Minimization
Wetland impacts have by avoided and minimized by minimizing impacts to those needed
for infrastructure and flood prevention only. There will be no wetland impacts from lot
fill.
The majority of the wetland impacts will occur as a result of the construction of the
connector road which is being required by New Hanover County to connect Skeet Road
and Beacon Drive. Due to Wetland A (Impact # 1) being located entirely within the
proposed ROW, impacts could not be avoided and Wetland A will be completely
removed by construction of the connector road. In an effort to minimize impacts to
Wetland B (Impact #2), the connector road was designed to curve 41ong the outer edge of
Wetland B as much as possible while still meeting the minimum curve radii allowed by
New Hanover County Road Design Standards. This design results in the avoidance of
impacts to Wetland B to the greatest extent possible by impacting only the outer fringes
of the wetland. The alternative design would have resulted in the road running straight
through the wetland, resulting additional direct wetland impacts, as well as secondary
impacts by creating an isolated wetland pocket west of the road.
Secondary impacts to onsite wetlands were minimized through the design of the Storm
Overflow Drawdown System. In the existing condition, the once the onsite wetlands are
saturated, excess water from storm events sheet flows over the adjacent uplands, resulting
in additional infiltration and conveyance to nearby ditches. In the post development
conditions, wetlands B & C will be surrounded by development which will prevent water
from wetland from sheet flowing over the adjacent uplands. The Storm Overflow
Drawdown System will allow excess water to drain out of the onsite wetlands and into
the onsite stormwater pond following a significant storm event. By draining the excess
surface water within the wetlands over an extended period of time, the onsite wetlands'
natural hydroperiod will be maintained without the potential for over -
saturation/inundation. Without the Storm Overflow Drawdown System removing excess
water, the onsite wetlands' hydroperiod could be significantly lengthened. The onsite
wetlands consist of Carolina Bay/Pocosin which are saturated to the soil surface during
the growing season, but are very rarely inundated. This is evidenced by a lack of
biological indicators identifying frequent inundation, including a lack of herbaceous
vegetation adapted to survive periods of inundation. Therefore, without the discharge
structures, the hydrologic regime of the onsite wetlands would be significantly altered,
resulting in a permanent alteration of the vegetative composition and habitat function of
these wetlands. The discharge structures will be installed at the 25 yr, 24 hour storm
event elevation (> 1.0 feet above natural grade), so that only surface water from
storm/flood events is drained from the wetlands. The drop inlets will not affect natural
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infiltration and saturation of the wetlands during average rainfall events or result in
lowering the ground water within the onsite wetlands.
In order to prevent future impacts to onsite wetlands, restrictive covenant language will
be incorporated into the Home Owners Association Documents. The restrictive covenant
language to be incorporated into the Home Owners Association Documents was taken
from the Corps Standard Restrictive Covenant Language within the "Wilmington District
Process for Preservation of Mitigation Property", dated November 25, 2003. A copy of
the proposed Restrictive Covenant Language has been provided as an Appendix.
Mitigation
The applicant proposes to mitigate for the 0.425 acres of permanent wetland impacts
through a combination of purchase of offsite 0.50 acres of non - riparian wetland
mitigation credits from EEP and preservation of the 3.35 acres of onsite wetlands
remaining in the post - development condition. Please note that the 0.425 acres of wetland
mitigation was purchased from EEP by the previous permittee when the project was
previously permitted in 2007. Laurenbridge Development Company, LLC proposes to
utilize the 0.425 acres of wetland mitigation that was previously purchased for the project
to satisfy mitigation requirements for the currently proposed project.
There are no Private Mitigation Banks which service the Cape Fear 03030005 basin, the
purchase of mitigation from EEP Satisfies the Corps Final Rule for Compensatory
Mitigation for Losses of Aquatic Function.
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• Recorded Deed
• Corps Preliminary JD
• Previous 404 Permits
• Previous 401 WQC
• USGS Quad Map & New Hanover County Soil Survey
• EEP Mitigation Receipt
• DWQ Stormwater Management Permit
• Wetland Impact Plan
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o r
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification CN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verged by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Laurenbridge Subdivision
2b. County:
New Hanover
2c. Nearest municipality / town:
Wilmington
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Laurenbridge Development Company, LLC
3b. Deed Book and Page No.
Book: 5742; Page: 2597 -2600
3c. Responsible Party (for LLC if
applicable):
Jordy Rawl
3d. Street address:
5710 Oleander Drive
3e. City, state, zip:
Wilmington, NC 28403
3f. Telephone no.:
910 -332 -8528
3g. Fax no.:
3h. Email address:
irawl@stevensfinehomes.com
Page 1 of 13
PCN Form —Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
0. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Troy Beasley
5b. Business name
(if applicable):
Withers and Ravenel
5c. Street address:
1410 Commonwealth Drive, Suite 101
5d. City, state, zip:
Wilmington, NC 28403
5e. Telephone no.:
910 - 256-9277
5f. Fax no.:
910 - 256 -2584
5g. Email address:
tbeasley @withersravenel.com
Page 2 of 13
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
R07100-004 -008 -002; R07100- 004008 -001
1b. Site coordinates (in decimal degrees):
Latitude: 34.146944 °N Longitude: - 7
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
14.12 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Mott Creek (Stream Index M 18 -82
proposed project:
2b. Water Quality Classification of nearest receiving water:
C;SW
2c. River basin:
Cape Fear - 03030005
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The property currently consists of undeveloped woodlands. The onsite uplands were previously cleared, with mature
vegetation only left in the onsite wetlands. The land use in the general vicinity consists primarily of residential
subdivisions.
3b. List the total estimated acreage of all existing wetlands on the property:
13.72 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
None
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a residential subdivision.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of the construction of a 34 lot subdivision and associated infrastructure (i.e. roads, water, sewer
and stormwater management. The project will also require the construction of a Storm Overflow Drawdown System,
which will prevent flooding during the significant storm events. Please refer to the cover letter for an in depth description
of the proposed Storm Overflow Drawdown System. Also, please note that the proposed project was previously issued
NWPs 29 & 33, as well as a DWQ 401 WQC in 2007, and the proposed project design is the same as was previously
permitted.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained fo? this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past.
Comments:
4b. If the Corps made the jurisdictional determination, what type
Preliminary E] Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Withers & Ravenel
Name (if known): Troy Beasley
I Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The Corps issued a Preliminary JD on 5/1/13 (AID #2005 - 00625).
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version
S. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The Corps issued NWPs 29 & 33 (AID 2005 - 00625 -065) and DWQ issued a 401 WQC (Project # 07 -1363) for the
proposed project in 2007 under the previous property owner /permittee. As a result of the downturn of the economy, the
authorized impacts were never completed prior to expiration of the permits, and the project went bankrupt. The current
applicant purchased the property from the bank, and wishes to construct the project as previously designed and
permitted. A copy of the recorded deed has been provided as an Appendix.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 13
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
Page 5 of 13
PCN Form — Version 1.3 December 10, 2008 Version
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number -
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ - non -404, other)
(acres)
Temporary
Impact #1
® P El T
Road Fill
Pocosin
® Yes
❑ No
® Corps
® DWQ
0.0106 ac
Impact #2
® P El T
Road Fill
Pocosin
® Yes
❑ No
® Corps
® DWQ
0.3804 ac
Impact #3
® P El T
Road Fill
Pocosin
® Yes
[I No
® Corps
® DWQ
0.0333 ac
Impact #4
Storm Overflow
Pocosin
® Yes
® Corps
0.0001 ac
® P [I T
Drawdown Outlet
❑ No
® DWQ
Impact #5
Storm Overflow
Pocosin
® Yes
® Corps
0.0001 ac
® P El
Drawdown Outlet
❑ No
® DWQ
Impact #6
Storm Overflow
Pocosin
® Yes
® Corps
0.0003 ac
®P ❑ T
Drawdown Outlet
No
® DWQ
Impact #7
Storm Overflow
Pocosin
® Yes
® Corps
0.0001 ac
® P El
Drawdown Outlet
❑ No
® DWQ
Impact #8
Stone Overflow
Pocosin
® Yes
® Corps
0.0003 ac
® P [I T
Drawdown Outlet
❑ No
® DWQ
Total Permanent Impacts
0.4252 ac
Storm Overflow
Impact #9
Drawdown
Pocosin
® Yes
® Corps
0.0416 ac
El ® T
Drainage Pipe
❑ No
® DWQ
Installation
Storm Overflow
Impact #10
Drawdown
Pocosin
® Yes
® Corps
0.1533 ac
❑ P ® T
Drainage Pipe
❑ No
® DWQ
Installation
Storm Overflow
Impact #11
Drawdown
Pocosin
® Yes
® Corps
0.0421 ac
❑ P ® T
Drainage Pipe
❑ No
® DWQ
Installation
Total Temporary Impacts
0.2370 ac
2g. Total wetland impacts
0.6622 acres
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and
tributary impacts
3i. Comments:
Page 6 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑P ❑T
03 ❑ PC] T
04 ❑ PEI T
4E Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
131 ❑P ❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 El POT
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 7 of 13
PCN Form —Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Wetland impacts have by avoided and minimized by minimizing impacts to those needed for infrastructure and flood
prevention only. There will be no wetland impacts from lot fill.
The majority of the wetland impacts will occur as a result of the construction of the connector road which is being required by
New Hanover County to connect Skeet Road and Beacon Drive. Due to Wetland A (Impact # 1) being located entirely within
the proposed ROW, impacts could not be avoided and Wetland A will be completely removed by construction of the connector
road. In an effort to minimize impacts to Wetland B (Impact #2), the connector road was designed to curve along the outer
edge of Wetland B as much as possible while still meeting the minimum curve radii allowed by New Hanover County Road
Design Standards. This design results in the avoidance of impacts to Wetland B to the greatest extent possible by impacting
only the outer fringes of the wetland. The alternative design would have resulted in the road running straight through the
wetland, resulting additional direct wetland impacts, as well as secondary impacts by creating an isolated wetland pocket west
of the road.
Secondary impacts to onsite wetlands were minimized through the design of the Storm Overflow Drawdown System. In the
existing condition, the once the onsite wetlands are saturated, excess water from storm events sheet flows over the adjacent
uplands, resulting in additional infiltration and conveyance to nearby ditches. In the post development conditions, wetlands B
& C will be surrounded by development which will prevent water from wetland from sheet flowing over the adjacent uplands.
The Storm Overflow Drawdown System will allow excess water to drain out of the onsite wetlands and into the onste
stormwater pond following a significant storm event. By draining the excess surface water within the wetlands over an
extended period of time, the onsite wetlands' natural hydroperiod will be maintained without the potential for over -
saturation/inundation. Without the Storm Overflow Drawdown System removing excess water, the onsite wetlands'
hydroperiod could be significantly lengthened. The onsite wetlands consist of Carolina Bay /Pocosin which are saturated to the
soil surface during the growing season, but are very rarely inundated. This is evidenced by a lack of biological indicators
identifying frequent inundation, including a lack of herbaceous vegetation adapted to survive periods of inundation. Therefore,
without the discharge structures, the hydrologic regime of the onsite wetlands would be significantly altered, resulting in a
permanent alteration of the vegetative composition and habitat function of these wetlands. The discharge structures will be
installed at the 25 yr, 24 hour storm event elevation (> 1.0 feet above natural grade), so that only surface water from
storm/flood events is drained from the wetlands. The drop inlets will not affect natural infiltration and saturation of the
wetlands during average rainfall events or result in lowering the ground water within the onsite wetlands.
Upon completion of construction, the temporary wetland impact areas will be seeded with a wetland seed mix.
In order to prevent future impacts to onste wetlands, restrictive covenant language will be incorporated into the Home Owners
Association Documents. The restrictive covenant language to be incorporated into the Home Owners Association Documents
was taken from the Corps Standard Restrictive Covenant Language within the "Wilmington District Process for Preservation of
Mitigation Property", dated November 25, 2003. A copy of the proposed Restrictive Covenant Language has been provided
as an Appendix.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into adjacent wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
® ro Payment to in -lieu fee ram
y p g
project?
❑ Permittee Responsible Mitigation
Page 8 of 13
PCN Form —Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
® Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
0.425 acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: The 0.425 acres of non - riparian wetland mitigation was purchased when the project was previously permitted
in 2007. The applicant proposes to apply the previously purchased mitigation towards the mitigation requirements for the
current permitting of the project.
S. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 13
PCN Form —Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
❑
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
36.5%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater management plan consists of a wet detention pond.
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a. Which of the following state4mplemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
The previously approved DWQ Stormwater Management Permit has been
provided as an Appendix. The Applicant is currently in the process of
submitting the Change of Ownership request to DWQ for reissuance of the
DWQ Stormwater Management Permit to Laurenbridge Development
® Yes ❑ No
Company, LLC as the current owner.
Page 10 of 13
PCN Form —Version 1.3 December 10, 2008 Version
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state /local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.) Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project consists of the re- permitting of a previously approved project which is located within a heavily
developed area of New Hanover County. The proposed project is not anticipated to be a catalyst for future development
which could impact downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Cape Fear Public Utility Authority
Page 11 of 13
PCN Form — Version 1.3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
W &R reviewed the NC Natural Heritage Program database, located at http: / /r)ortal.ncdenr.or- gtweb /nhp /nhp -map- viewer,
to identify if there were any known occurrences of endangered species on or near the proposed project. The review of
the NHP database did not identify any recent occurrences of Federally listed endangered species or critical habitat on the
subject property or within 1.0 miles of the project. Futhermore, the issuance of the previous NWPs for this project
document that the project will not affect endangered species or critical habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
W &R reviewed the NOAA Essential Fish Habitat online mapper, located at
http: //www habftat.noaa.gov/ protection /efh/efhmaoper /index.htmi. The EFH mapper Gasses Masonboro Sound, located
approximately 5400 If east of the proposed project, and Mott Creek, located approximately 6400 If southeast, as Essential
Fish Habitat. However, the project has been designed to meet DWO Coastal Stormwater Rules standards, which will not
result in adverse impacts to Essential Fish Habitat within Mott Creek or Masonboro Sound.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
W &R reviewed the NC State Historic Preservation Office's online database, located at: http:/ /gis.ncdcr.gov /hpoweb /, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database
review did not identify any known resources within or in the vicinity of the proposed project. Furthermore, the issuance of the
previous NWPs documents that the proposed project will not result in impacts to historic or archeological resources.
Page 12 of 13
PCN Form — Version 1.3 December 10, 2008 Version
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmai3s.com
Troy Beasley — W &R
Authorized Agent
6/24/13
Date
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 13 of 13
PCN Form —Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
WITHERS &-RAVENEL
ENGINEERS PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Laurenbridge Development Comnanv. LLC (Client) does hereby
appoint Troy Beasley / Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of
petitioning the appropriate local, state and federal environmental regulatory agencies (US Army
Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands,
surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for the Laurenbridge Subdivision Protect,
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests/applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Date: X151 13
Agent's Name, Address & Telephone: Signature of Client:
Troy Beasley / Withers & Ravenel. Inc. Vie C -erc '-C(A-w'
Name - Print) (Title)
1410 Commonwealth Drive, Suite 101
Wilmington. NC 28403 (Signal rt-re)
Tel. (910) 256 -9277 5 710 01ecay.der T--?w e
Mailing Address
\w.�v C Mtal
City Q State Zip
Phone:
Email:
115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.33401 fax: 919.467 -60081 www.withersravenel.com I License No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.92771 fax: 910.256.2584
7011 Albert Pick Road I Suite G I Greensboro, NC 274091 tel: 336.605.3009 1 fax: 919.467.6008
RECORDED DEED
I - lqz
FOR REGISTRATION REGISTER OF DEEDS
TAMMY ANOVERCCOUNT NC
2013 JUN 05 09 2104 AM
8K 5742 PG 2597 -2600 FEE $26 00
K REV STAMP. $8N 00
15TRl 1201MIM3
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax $800 00
Parcel Identifier No R07100- 004 - 008 -002 / R07100-004- 008 -001 naturlm 10:
Verified by New Hanover County on the day of , 2013 JC Hearne, u
By.
Mail/Box to J C Hearne, ll, Attorney at Law
This instrument was prepared by J C Hearne, U, Attorney at Law
Brief description for the Index 6 19 Acres and 8 00 Acres on Masonboro Loop Road
THIS DEED is made this 3 rd day of June , 2013, by and between
GRANTOR
The Bank of Hampton Roads
Mailing Address:
112 Corporate Drive
Elizabeth City, NC 27909
GRANTEE
Laurenbridge Development Company, LLC
a North Carolina limited liability company
Mailing Address:
5710 Oleander Drive, Suite 200
Wilmington, NC 28403
The designations Grantor and Grantee as used her+em shall include the parties, and their successors and assigns
WITNESSETH
Grantor, for valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents
does grant, bargain, sell and convey unto Grantee in fee simple all those certain lots or parcels of land situated in New
Hanover County, North Carolina and more particularly described as follows
See Exhibit A attached hereto and incorporated hemm by reference.
The property heremabove described was acquired by Grantor by instrument recorded in Book 5564 at Page 1045
All or a portion of the property herein conveyed ( ) includes or ( X ) does not include the primary residence of Grantor
TO HAVE AND TO HOLD the above described property and all privileges and appurtenances thereto belonging to
Grantee in fee simple
And Grantor covenants with Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that tale is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions stated, if any (1) County
and/or Municipal Zoning Ordinances, Rules and Regulations, (2) Restrictive Covenants, Easements and Rights of Way of
record and (3)Ad valorem taxes for the year of 2013 and thereafter
IN WITNESS WHEREOF, Grantor has duly executed the foregoing as of the day and year first above written
The Bank of Hampton Roads
i
(SEAL)
vAM4
STATE OF A
COUNTY OF rfhl CVrAfthril '
I, a Notary Public of the County and State aforesaid, certify that f1Yr't oyu m.a.Y, h&t
personally came before me this day and acknowledged that (s)he is of The Bank of
Hampton Roads and that by authon duly given and as the act of the corpora the foregoing instrument was
signed m its name by its i-Aj& % = n, t
411W
Witness my hand and official stamp or seal, this day of J"t , 2013.
EMWffffl
Notary Public
My commission Expires 1 -3,- PAM S TEMPLETON
NOTARY PUBLIC
Commonwealth of Virginia
Reg #234709
EY6ibit A
322 Mumban LeaR Road
Being aparcel of land lying and situate in Masonboro Township, Now Hanover County, North Carolm% and being
more particularly described as follows
Beginning at an iron rod, said point of beginning marking the southeastedymost corner of Beacon Road (a 50 -foot
public right of way), said point of beginning also lying and being S 10° 19' S7" W 167 33 feet from a concrete
monument merlang the centedine intersection of the said Beacon Road and of Woods Edge Road (a SO-foot public
right of way). said point of begmmng being also a common corner with the property henceforth to be described and
with Lot 68, Section 2B, Beacon Woods Subdivision as recorded in MB 36 P 29 and in MB 37 P 9, all in the New
Hanover County Registry, thence from the point of beginning and with the line of Beacon Woods Subdivision
(1) S 70-12- SO" E 706 33 feet to an iron pipe into line of Lot 78 the said Beacon Woods, a common comer with
lands now or formerly the property of Vineyard Green Homeowners' Association as recorded in DB 2301 P 620,
thence with the line of the Vineyard (inert Homeowners' Association
(2) S 25° 59' 23" E 248 99 Net to an iron pipe, thence
(3) S 16° 29' 21" E 86 81 feet to an iron pipe, a common comer with the said Vineyard Green Homeowners'
Association and with lands now or formerly the property of Dorothy M Dixon et al as moorded m DB 1037 P 663,
thence with the line of the said Dorothy M Dion
(4) N 66° 39' 33" W 1475 86 feet to a ooncrete monument in the line of Beacon Woods Homeowners' Association
as recorded in DB 2492 P 126, thence with the line of Beacon Woods Homeowners' Association
(5) N 260 15' 59" E 153 12 fed to an iron pipe in the line of Lot 4OR, Section 2A, Beacon Woods as recorded in
MB 35 P 386, thence with the line of Section 2A
(6) S 70° 12'51r E 519 62 feet (crossing an iron rod marling the southwesterlymost corner of the aforesaid Beacon
Road at 469 76 feet) to the point of beginning, containing 6 06 acres more or less, and being the remainder of those
lands as conveyed to Carlotta Dion Sanders by deed dated June 30,1975, and recorded in DB 1035 P 14, all in the
New Hanover County Registry
k;f�
Being a parcel of land and lying situate in Masonbom Township, New Hanover County, North Carohie, and being
more particularly described as follows
Beginning ing at an iron pipe, said point of begumng madaog the northwesterlymost corner of Skeet Road, a 60 -foot
public right of way, said point of bepnnmg also lying and befog N 13° 22' 33" E 137 93 feet from a railroad spike
marking the eenterlme of intersection of the said Skeet Road and of Foxwood Lane (a 50 -foot public right of way),
said pond of begummg, being also a common comer with the propeity henceforth to be described and with Lot 78,
Section 2, Carmel at Vineyard Green (as recorded in MB 42 P 296), thence from the point of beginning and with
the line of the said Carmel at Vineyard Grew
(1) N 67° 27' 00" W 516 20 feet to an iron pipe in the line of Lot 86R. Section 2. Carmel at Vineyard Green as
recorded in MB 42 P 296, said inn pipe marling a common coma with Lot 28, Section 1. Beacon Woods
Subdivision as recorded in MB 35 P 170, thence with the line of the said Lot 28
(2) N 26° 05' Ol "E 238 77 feet (erosnng an iron rod at 63 17 feet) to a coruxeoe monument in the line of lands now
or formerly the property of Beacon Woods Homeowners' Association as recorded in DB 2492 P 126, said concrete
monument being also a common comer with lands now or formerly the property of Carlotta Dixon Sanders as
recorded in DB 1035 P 14, thence with the line of the said Carlotta Dixon Sanders
(3) S 66° 39' 33" E 1475 86 feet to an iron nod in the line of lenda now or formerly the property of Vineyard Green
Homeowners' Association as recorded m DB 2301 P 620, thence with the Ime of the said Vineyard Green
Homeowners' Association
(4) S 06° 29'2r E 249 26 feet to an iron pipe, a common comer with Lots 63 and 64, Carmel at Vineyard Green
as recorded in MB 39 P 81, thence with the line of Carmel at Vineyard Green
(5) N67-27'00-W1095 18 fect(crossug en uronpips marking the northeasderlymost comerofthe nforemd Skeet
Road at 1045 06 feet) to the pout of beginning. con% mng 8 07 acres more or less, and being the remamda of those
lands as conveyed to Dorothy M Dixon et al by deed darted July 28, 1975 and recorded in DB 1037 P 663, all in
the New Hanover County Registry
vNTY.
O I 0
0
y 0
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�qR ►15NtU�
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
NN/ NIN1NffffN /MfffffNfNfNffNNfNffff Nffff /ffffNNlNfNfNfflflffNfRfff fffNlNlNlNfff ff NRNRftRfNf ff
Filed For Registration: 06/0512013 09:21:04 AM
Book: RE 5742 Page: 2597 -2600
Document No.: 2013020363
4 PGS $26.00
NC REAL ESTATE EXCISE TAX: $800.00
Recorder: Ht1GHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2013020363*
2013020363
CORPS PRELIMINARY JD
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2005 -00625 County: New Hanover U.S.G.S. Quad: Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
ApplicantBuyer:
Stevens Buildina Company, Inc.
Attn: Jordv Rawl
Address:
5710 Oleander Drive
Wilmington, NC 28403
Telephone No.:
Property description:
Size (acres)
14.2
Nearest Town Wilmington
Nearest Waterway
UT to Mott Creek
River Basin Lower Cane Fear
USGS HUC
03030005
Coordinates N 34.2693. W - 77.8416
Location description The property Is known as Laurenbridge
subdivision, located soutb of the intersection of Woods Edge
Road and Beacon Drivc
west of Masonboro Loon Road, New
Hanover County North Carolina. PIDs: R07100- 004 -008 -002 &
R07100- 004 - 008-001.
Indicate Which of the Following Amply:
A. Preliminary Determination
X Based on prefthmry 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) inrisdiction. To be considered final, a
inrisdictional determination most be verified b ! the Corns. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 3311,
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.
There are wetlands on the above described property 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 wetland on your property 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.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory
Official identified below on . Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (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.
Action Id. SAW- 2005 -00625
X The property is located in one of the 20 Coastal Counties subiect 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 reouirements.
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 Emily Hughes at 910 - 251 -4635.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Cores Wetland Delineation Manual and Coastal Plain Supplement
and is adlacent to an unnamed tributary to Mott Creek This determination is based on information Provided by Withers and
Ravenel and a site visit by Emily Hughes on 4/11/2013.
D. Remarks
Determination is supported by Previous JD that expired duly 21.2010 (no changes have been made).
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Emily Hughes, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave.
Wilmington, North Carolina 28403 -1398
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 7/1/2013.
* *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. **
Corps Regulatory
Date May 1. 2013 ( Expiration Date May 1. 2018
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at http : / /regulatory.usacesurvey.com/ to complete the survey
online.
Copy furnished:
Withers & Ravenel, Attn: Trov Beasley. 1410 Commonwealth Dr Ste 101 Wilmington NC 28403
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 20050 625 County: New Hanover U.S.G.S. Quad: Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Barnette Sanders
Address: 417 Sanders Way
Wilmington, North Carolina 28412
Telephone No.:
Property description:
Size (acres) agag. 14.13 Nearest Town Wilmington
Nearest Waterway UT to Mott Creek River Basin Cape Fear River
USGS HUC 03030001 Coordinates N 34.1473 W 77 .8841
Location description The two tracts are located at 322 and 350 Masonboro Loop Road, south of Woods Edge Drive,
in wetlands adiacent to an unnamed tributary to Mott Creek south of Wilmington. North Carolina
Indicate Which of the FoRowinfi Apply:
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).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWAx33 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 wetland on your property 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 6/21/2005. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395 -3900 to determine
their requirements.
Page 1 of 2
N
Action ID: al do560625
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 - 2514923.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is adicent to an unnamed tributary to Mott Creek a tributary to the Cape Fear River, a navigable water of the
United States This determination is based on information submitted by The Clark Group and a site visit by Jennifer
Frye on 3/24/2005.
Remarks:
Noelle Lutheran, DENR DWO Wilmington Regional Office, 127 Cardinal Drive Ext, Wilmington, NC 28405
The Clark Group - Environmental Division, 5000 Blue Clay Road. Castle Hayne, NC 28429
Carlotte Dixon Sanders, 3700 Masonboro Loop Road, Wilmington, NC 38409
Louise B. Dixon, ETAL.do Geraldine Durant. 3708 Masonboro Loop Rd.. Wilmington. NC 28409
Corps Regulatory Official:
Date 07/21/2005 Expiration Date 07/21/2010
FOR OFFICE USE ONLY:
• plat or sketch of the property and the wetland data form must be attached to the file copy of this form
• copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner /agent copy of this form.
If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2
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PREVIOUS 404 PERMITS
Is
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW - 2005- 00625-065 County: New Hanover USGS Quad: Wilmington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent:
Address: 3811 Peachtree Avenue
Suite 300
Wilmington, NC 28403
Masonboro Sound Partners, LLC
Telephone No.: 910 -202 -5555
Size and location of property (water body, road name /number, town, etc.): The 14.12 acre tract is located south of
Woods Ed a Drive, at the southern terminus of Beacon Drive west of Masonboro 1AoV Road in wetlands ad'acent
to an unnamed tributary to Mott Cree16 southeast of Wilmin on NC.
Description of projects area and activity: Excavation of and dischaEFe of fill material into 0.425 acres of
jurisdictional wetlands for the Purpose of constructing the infrastructure for the Rroposed Laurenbridge
residential subdmsion (NWP 29). The Proiect also includes the temporary excavation of and discharge of fill
material into 0.237 acres of jurisdictional wetlands for temporary construction access (NWP 33)
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC at 910 -7% -7215
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jennifer S. Frye at 910 -251 -4923.
Corps Regulatory Official Date: 08/24/2007
Expiration Date of Verification: 08/24/2009
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
Tease complete the attached customer Satisfaction Survey or visit hU://www.saw.usace-army-miYWETLANDS/index.htmi to
,omplete the survey online.
'age 1 of 2
Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issue46/21/2005. Action ID 200500625
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 hM: / /www. saw. usace.army.miVWETLANDS /index.btml to
complete the survey online.
Copy Furnished:
Mr. Troy Beasley, Withers & Ravenel, 7040 Wrightsville Avenue, Suite I01, Wilmington, NC 28403
Joanne Steenhuis, DENR DWQ, WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
Page 2 of 2
Action ID Number:SAW- 2005 -00625 -065 County:New Hanover
Permittee: Masouboro Sound Partners, LLC
Date Verification Issued: 8/24/2007
Project Manager: Jennifer S. Frye
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402 -1890
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
ACTION ID # SAW- 2005 -00625 -065
SPECIAL CONDITIONS:
1) In order to compensate for impacts to 0.425 acres of non- riparian wetlands the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined
by the NC EEP, sufficient to perform the restoration of 0.425 acres of non - riparian wetlands in the Cape
Fear River Basin, Cataloging Unit 03030005.
Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the
NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the
mitigation work required, in compliance with the MOU between the North Carolina Department of
Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington
District, dated November 4, 1998.
2) The Permittee shall execute and cause to be recorded in the New Hanover County Register of Deeds the
Restrictive Covenant Language or similar mechanism (see attached) for the purpose of maintaining the
remaining wetlands (approximately 3.3 acres), as shown on the Wetland Impacts Plan, dated 7/10/2007
and prepared by Withers & Ravenel, the Site Plan dated 7/10/2007, prepared by Withers & Ravenel
(attached), and the Boundary Survey & Wetland Delineation, prepared by The Clark Group and signed
by the Corps of Engineers on 6/21/2005 ( attached), in their natural and/or mitigated state in perpetuity,
prior to the sale or conveyance of any portion or all of the 14.13 acre tract. At the time of recordation of
the Covenants, the Permittee must also record with the New Hanover County Register of Deeds, a final
survey map of the development, sealed by the licensed surveyor, which clearly depicts the surveyed
areas of Conservation and lot/infrastructure layout.
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. *This includes changes as a result
of any local government drainage easement requirements *.
The permittee shall enforce the terms of the 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 Covenants and recorded Survey to the Corps of Engineers
within 15 days of recording.
3) The Permittee, or any future responsible party/land owner, must obtain written consent of the U.S. Army
Corps of Engineers, Wilmington District, prior to any activities associated with the maintenance of or
access to the flood - control inlet structures and culverts located in the jurisdictional wetlands. This
provision must be included in the recordation of the subdivision Restrictive Covenants, to ensure
continued compliance with this Permit Condition.
4) Temporary discharges of excavated or fill material into wetlands and waters of the United States will be
for the absolute minimum period of time necessary to accomplish the work. Temporary discharges will
be fully contained with appropriate erosion control or containment methods or otherwise such fills will
consist of non - erodible materials.
ACTION ID # SAW- 2005- 00625 -065
SPECIAL CONDITIONS: (continued)
5) Temporarily cleared wetland areas shall be re- vegetated to the maximum extent practicable with native
species of canopy, shrub, and herbaceous species within one week of construction completion. Fescue
grass shall not be used.
6) The permittee shall submit to the U.S. Army Corps of Engineers, Wilmington District as -built surveys of
each of the authorized jurisdictional crossings associated with the flood - control inlet structures and
associated outfall lines (culverts to forebay). These surveys must be submitted within 30 days of
construction completion of the subject utilities.
Corps Regulatory Official: ,--- ate: V-
PREVIOUS 401 WQC
PROM ANDREW CONSULTING ENGRS
O
ATFR
P
� Y
(WEWAUG 28 2007 13:01/ST. 12:68/NC..7600000102 P 2
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Dcpartmcnt of Environment and Natural Resources
August 27, 2007
RECEIVED
Mr. Neal Andrews AUG 2 8 2007
Masonboro Sound Partners, LLC ANDREW CONS ENORS.
3811 Peachtree Avenue, Suite 300
Wilmington, NC 28403
Subject Property: Laurenbridge
Mott Creek [030617,18-82, C, SW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Andrews:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 07 -1363
New Hanover County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.662 acres of 404 /wetland (0.425 acres permanent impact, and 0.237 acres
temporary impact) as described in your application dated August 7, 2007, and received by the Division of
Water Quality (DWQ) on August 9, 2007, to construct the proposed residential development at the site.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3631(GC3631) and 3634 (GC3634). The Certification(s) allows you to use
Nationwide Permit(s) NW29 and NW33, respectively, when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required redeml, state or
local permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, and Non - discharge regulations. 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must- be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
T e of Im act
Amount Aperoved nits
Plan Location or Reference
404 /Wetland
0.662 [(acres) 0.425 acres permanent impact, and 0.237
acres temporary impact]
PCN page 4 of 9
401 OversightMxpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919- 733 -6893 / Internet: li nd/h2o.eor state.nc.usMewetlands
An Equal Opportunity/Affirmativc Action Employer - 50% Recycled/10% Post Consumer Paper
ft,am
FROM ANDREW CONSULTING ENORS CWED)AUO 29 2007 13:01/ST.12:68/No.7600000102 'P a a
Masonboro Sound Partners, LLC
Page 2 of 4
August 27, 2007
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre - Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. 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:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of this
Certification, and the stormwater management plans shall be approved in writing by this
Office before the impacts specified in this Certification occur. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office)
shall be constructed and operational, and the stormwater management plan (as approved
by this Office) shall be implemented. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water
Quality.
FROM ANDREW CONSULTING ENGRS CWED)AUG 29 2007 113:02/8T.12:00/No.7000000102 P 4
Masonboro Sound Partners, LLC
Page 3 of 4
August 27, 2007
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division
shall require that extended'detention wetlands, bio- retention areas, and ponds followed by
forested filter strips (designed according to latest version of the NCDENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
a site - specific stonmwater management plan is required.
Where a Coastal State Stormwater Permit (in accordance with 15 A NCAC 2H.1000) is
required, this permit may be considered to meet this condition.
6. Protective Fencing
The outside buffer, wetland or water 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 the
buffer, wetland or water prior to any land disturbing activities;
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401 /Wetlands Unit web site at http:// h2o.enr.state.ne.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project. 4
8. 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
FROM ANDREW CONSULTING HN6RS (WFsD>AUO 29 2007 13:02/57. 12: 68/No.7600000102*P S
Masonboro Sound Partners, LLC
Page 4 of 4
August 27, 2007
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919- 733 -1786.
Sincer ,
AColeen H. Sullins, Director
- Division of Water Quality
CHS /ijm
Enclosures: GC3631 and GC3634
Certificate of Completion
cc: USACE Wilmington Regulatory Field Office
Joanne Steenhuis, DWQ Wilmington Regional Office
DLR Wilmington Regional Office
Doug Huggett, DCM
Mike Street, DMF, P.O. Box 769, Morehead City, NC 27557
File Copy
Central Files
Troy Beasley, Withers & Ravenel, 7040 Wrightsville Avenue, Suite 101, Wilmington, NC 28403
Rename: 071363 Laureobridge(NewHanover)401
USGS QUAD MAP
NHC SOIL SURVEY
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EEP MITIGATION RECEIPT
TYK§tem
PROGRAM
RECEIPT
September 10, 2007
Neal Andrews
Masonboro Sounds Development, LLC
3811 Peachtree Ave., Suite 300
Wilmington, NC 28403
Project:
Laurenbridge
County:
New Hanover
DWQ#:
07 -1363
COE#:
2005 -00625 -065
EEP #:
ILF- 2007 -5234
Amount Paid:
$7,338.00
Check Number: 129
The North Carolina Ecosystem Enhancement Program ( NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 /CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin
Stream Credits
Wetland Credits
Buffer I & H
CU
(linear feet)
(acres)
(Sq. Ft.)
Cold
Cool
Warm
Riparian
Non-Riparian
Coastal Marsh
Cape Fear
0
0
0
0
0.425
0
0
03030005
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at (919) 716 -1921.
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jennifer Frye, USACE- Wilmington; Thelma Hemmingway- Wilmington
Troy Beasley, agent
File
Prot", ow .ftat� ��n
RMWR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net
DWQ STORMWATER
MANAGEMENT PERMIT
ALIG- 13-2007 MON 1255 PM NCDENR FAX NO. 9103502004 P. 02/17
o�0 W ATF94G
r
A �
August 9, 2007
Mr. Neal W. Andrew, Member
Elizabeth's Trace Developers, LLC
3811 Peachtree Avenue, Suite 200
Wilmington, NC 28403
Subject: Stormwater Permit No. SW8 070710
Laurenbridge Subdivision
High Density Subdivision Project
New Hanover County
Dear Mr. Andrew:
Micheal F. Easley, Governor
William d. Ross Jr., Secretary
North Carolina Dcpartmcni orEnvironment and Natural Resources
Coleen 14. Sullins Director
Division of Water Quality
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Laurenbridge Subdivision on July 24, 2007. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 16A NCAC 2H.1000. We are
forwarding Permit No. SW8 070710, dated August 9, 2007, for the construction of the project, Laurenbridge
Subdivision.
This permit shall be effective from the date of issuance until August 9, 2017, and shall be subject to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements
in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. 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, P.O. Drawer 27447, Raleigh, NC 27611 -7447. Unless such
demands are made this permit shall be final and binding.
if you have any questions, or need additional information concerning this matter, please contact Paul Bartlett at
(919) 733 - 5083 X235, or me at (910) 796 -7215.
Sincerely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENS /ptb: S:% WQS %STORMWATERIPERMIT1070710.aug07
cc: Mark N. Hargrove, Withers & Ravenel
Tony Roberts, New Hanover County Inspections
City of Wilmington Stormwater Services
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Paul T. Bartlett, P.E.
Wilmington Regional Office
Central Files Na hCumi'na
,�atur�l��
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington. NC 28405 Phone (91 u) 796.721 Customer Service
Wilmington Ragionul ORico Internet: www.ncwate amirty_re Fax (910) 350 -2004 1 -877.62- 7.6749
An Equal OppoRunIWAffirmatlus Action Employer -60% Ragc1edl10% Post Consumer Paper
AUG -13 -2007 MON 12:55 PM NCDENR FAX NO. 9103502004 P. 03/17 '
State Stormwater Management Systems
Permit No. SW8 070710
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Neal W. Andrew and Elizabeth's Trace Developers, LLC
Laurenbridge Subdivision
S.R. 1767, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of one wet detention pond in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules"
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until August 9, 2017 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described In the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described In �5„��;i' pa
.';a1r;�i "d. ge 3 of this permit. The subdivision is
permitted for 34 lot avowed a maximum of 3,500 square feet of built -upon
area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2of8
AU& -13 -2007 MON 12:55 PM NCDENR FAX NO, 9103502004 P. 04/17
5.
State Stormwater Management. Systems
Permit No. SW8 070710
The following design elements have been permitted for this wet detention pond
stormwater facility. and must be provided In the system at all times.
a. Drainage Area, acres:
Onsite, flz:
Offsite, ft':
b. Total Impervious Surfaces, ff:
34 Lots at 3,500 ff each:
Roads /Parking, W
Other, ft:
Offsite, f?:
c. Pond Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMS I-:
g. Permitted Surface Area @PP .
h. Permitted Storage Volume, W:
I. Storage Elevation, FMSL:
J. Controlling Orifice:
k. Permanent Pool Volume, ft3:
I. Forebay Volume, ft .
m. Maximum Fountain Horsepower:
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
11. SCHEDULE OF COMPLIANCE
12.7
548,578
4,500
180,200
119,000
52,400
6,300
2,500
3.75 (avg, depth from
90%
1.0"
22.70
24,064
PP to max. sediment elev.)
16,988 at temporary pool
23.35
2.0 "0 l
90,36�(abpe ove max. sediment elev.)
19,831
1/3
UT Mott (Toms) Creek t CFR
18 -82
"C; Sw"
1. No homeowner /lot owner /developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
5. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
Page 3 of 8
AUG -13 -2007 MON 12:56 PM NCDENR FAX NO. 9103502004 P. 05/17 '
State Stormwater Management Systems
Permit No. SW8 070710
6. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
Pilling was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. The Director may determine that other revisions to the project should require a
modification to the permit.
8. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
11. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
12. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
13. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and re- vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
.
g. piping Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DW4. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
Page 4 of 8
AU6 -13 -2007 MON 12 :56 PM NCDENR FAX NO. 9103502004 P. 06/17
15. This permit shall become
with the conditions of this
other supporting data.
State Stormwater Management Systems
Permit No. SW8 070710
void unless the facilities are constructed in accordance
permit, the approved plans and specifications, and
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 070710, as issued
bhe Division of Water Quality under NCAC 2H.1000.
the
State of North Carolina is made a beneficiary of these covenants to'
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
We without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 3,500 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right -of -way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
waiter surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
17. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp /signature of the Register of Deeds.
18. Prior to transfer of the permit, the Stormwater facilities will be inspected by DWQ
Personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
19. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/3.
Page 5 of 8
AUG--13 -2007 MON 12:56 PM NCDENR FAX NO. 9103502004 P. 67/17 '
State Stormwater Management Systems
Permit No. SW8 070710
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there Is a name change of the Permittee, a completed
"Name /Ownership Change Form" must be submitted to the Division of Water
Quality, signed by the parties involved, along with the applicable documents as
listed on page 2 of the form. The project must be in good standing with DWQ.
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143- 215.6A to 143- 215.6C.
4. The Issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
5. In the event that the facilities fall to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The .
filing of a request for a permit modification, revocation and re- issuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall no*'the Division in writing of any name, ownership or
mailing address changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 9th day of August 2007.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 070710
Page 6 of 8
RESTRICTIVE COVENANT LANGUAGE
Restrictive Covenant Language
"The areas shown on the recorded plat (identify the plat by title, date, and
recording data) as conservation areas shall be maintained in perpetuity in their
natural or mitigated condition. No person or entity shall perform any of the
following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID (To be
determined), 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."
Date:
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H.0500, the following DEED
NOTIFICATION shall be recorded in the New Hanover County Registry prior to
the conveyance of lots. Said Deed Notification shall apply to the Laurenbridge
Subdivision, lot numbers 15, 18, 27 and 28, in New Hanover County, North
Carolina as shown on plans titled Laurenbridge Subdivision prepared by
Withers and Ravenel dated:
"A portion of this lot has been determined to meet the requirements for
designation as a wetland, stream or protected stream buffer. Any subsequent fill
or alteration of this area shall conform to the requirements of the state rules
adopted by the State of North Carolina in force at the time of the proposed
alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future
application for filling or draining would bg approved. The property owner shall
report the name of the subdivision in any application pertaining to said rules. This
covenant is intended to ensure continued compliance with all rules adopted by
the State of North Carolina and therefore the State of North Carolina may enforce
benefits. This covenant is to run with the land and shall be binding on all Parties
and all persons claiming under them ".
Signature:
Owner's name: Laurenbrige Development Company, LLC
Address: 5710 Oleander Drive
City, State, Zip Code: _ Wilmington, NC 28403
Phone Number: 910 - 332 -8528
State of North Carolina,
County
I, , a Notary Public of the State of North
Carolina, County, hereby certify that owner personally
appeared before me this day and executed by above certification.
Witness my hand and notorial seal, this day of ,
Notary Public
My commission expires:
WETLAND IMPACT PLANS
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