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HomeMy WebLinkAbout20061186 Ver 1_401 Application_20060706THE EAST GROIN July 21, 2006 Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Winfield Estates Subdivision Beaufort County, NC X 0 0 6 1 1 8 6 Winfield Estates is a new proposed single family residential subdivision in Beaufort County outside of Belhaven North Carolina. Please find enclosed seven (7) copies of the following items for your consideration. Pre-Construction Notification (PCN) Application Form Construction Plans CO, C1, and C8 Also enclosed is Check No. 1027 written by Winfield Estates, LLC in the amount of $200.00 for the application fee. If you have any questions or need any further information, please contact Howard Nichols, Project Manager or myself as soon as possible. Thank you. Sincerely, Allen L. Henke The East Group, PA Enclosures Cc: Ross Beebe, Clearwater Marketing ,:Y~R ~iua~+i Y ~~ i. ,1 pRifuJiwS-FR RRIy~IPH o ~~~~f~ p ,~~ ~~. ~ ~ X996 Corporate Ortlce PO Box 7305 324 S Evans St Greenville NC 27835 www.eastgroup.com Tel 252.758.3746 Fax 252.830.3954 ENGINEERING ARCHITECTURE SURVEYING TECHNOLOGY Since 1975, servicing clients worldwide 1~E EA51 GROUP LETTER OF TRANSMITTAL Engineering -Architecture -Surveying -Technology P.O. Box 7305 ! 324 S. Evans Street, Greenville, NC 27834 Phone 919-758-3746 Fax 919-830-3954 To: Washington Regulatory Field Office US Army Corps of Engineers 107 Union Drive, Suite 202 PO Box 1000 Washin ton, NC 27889-1000 We are sending you the followin Shop Drawings Prints Copy of Letter Specs Change Order Plans Samples Payment Application X Other: Permit Application Co ies Date No. Descri tion 1 USACE Pre-Construction Notification PCN A lication Packet 1 Construction Plans CO, C1, & C8, Full Size 1 Construction Plans CO, C1, & C8, Half Size These items are transmitted as checked below: X For Approval Reviewed For Your Use Reviewed as Noted As Requested Revise & Resubmit For Review and Comment Returned No Action Prints returned after Loan to us Remarks: Co ies: Architect: X Engineer: Contractor: X Owner Ross Beebe, Clearwater Marketing X Other: NCDENR DWQ Wetlands Unit Other: Signed: Allen L. Henke Date: 07-21-06 Proj. No.: 20050327 Attention: Trace Wheeler RE: Winfield Estates Subdivision Beaufort County, NC I D#: transmittal USACE 07-21-O6.doc ., ~~ Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. _ ~> ~ :; b (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing ' 1 1. Check all of the approval(s) requested for this project: - ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 14 & 36 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information 1. Owner/Applicantlnformation D ~~~"°"~ ~-' Name: Winfield Estates LLC D ~ ~ A Mailing Address: 240 Craven Street .:, Telephone Number: 252-633-2059 Fax Number: 252-633-2792 E-mail Address: rossbeebe(a,earthlink.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Howard Nichols Company Affiliation: The East Group Mailing Address: 324 S. Evans Street Greenville, NC 27834 Telephone Number: 252-758-3746 Fax Number: 252-830-3954 E-mail Address: howard.nichols(a,east~roup.com Updated 11/1/2005 Page 5 of 12 ~ r III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Winfield Estates -Sections 1 & 2 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 6684-56-1540; 6684-36-6155; 6684-16-8206 4. Location County: Beaufort Nearest Town: Belhaven, NC Subdivision name (include phase/lot number): Winfield Estates -Sections 1 & 2 Directions to site (include road numbers/names, landmarks, etc.): From the intersection of US Hwy 264 and SR 1715(Pungo Creek Rd), go east 2.5 miles on SR 1715, turn right onto NCSR 1767(Monroe's Ln). Proposed entrance is 0.2 miles south on right. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.5061 °N 76.6950 °W 6. Property size (acres): 141.90 Acres 7. Name of nearest receiving body of water: Pungo Creek 8. River Basin: Tar-Pamlico (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Land is generally either agricultural fields with farmsteads or wooded. There are marshlands/wetlands near Pungo Creek. There are single family residences along Pungo Creek southeast of this site. Updated 11/1/2005 Page 6 of 12 r 10. Describe the overall project in detail, including the type of equipment to be used: See Attachment No. 1 11. Explain the purpose of the proposed work: Construct roadways, boat ramp, and utilities to provide for access to and the use of the proposed single-family lots. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.LP. project, along with construction schedules. The wetland delineation map and jurisdictional determination are attached to this application. The ORM ID is SAW-2006-32711-107. Stream Determinations were completed under DWQ Project # WaR0-06-0077. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. See Attachment No. 1 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs maybe included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Six impacts to wetlands will be required to develop this site into single family residential lots. Two impacts to the riparian buffer are needed to construct the boat ramp and a residential access roadway. All impacts are permanent See Attachment No. l for details. Updated 11/1/2005 Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) Wl Grading/fill culvert Forested Yes 230 0.091 W2 Grading/fill culvert Forested Yes 150 0.027 W3 Grading/fill culvert Herbaceous Yes 100 0.022 W4 Grading/ fill ramp Herbaceous Yes 0 0.003 WS Grading/ fill pond Herbaceous Yes 235 0.108 W6 Grading/ fill ditch Herbaceous Yes 580 0.027 Total Wetland Impact (acres) 0.278 3. List the total acreage (estimated) of all existing wetlands on the property: 34.22 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length linear feet Area of Impact acres N/A Total Stream Impact (by length and acreage) Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) Updated 11/1/2005 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the pro~ect: Stream Impact (acres): -0- Wetland Impact (acres): 0.278 Open Water Impact (acres): -0- Total Impact to Waters of the U.S. (acres) -0- Total Stream Impact (linear feet): -0- 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. See Attachment VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Updated 11/1/2005 Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Proposed mitigation for the wetland impact of this project is to construct a bridge for the crossing at Station 5+13. This will preserve the largest area of potential wetland impact on site from being filled. This area will be within the right of way easement for Winfield Lane, and controlled by the homeowners association. Other avoidance and minimization measures (See Att. 1) used onsite can also be considered mitigation for the 0.278 acres of impact to the wetlands. The construction will use normal methods with special attention paid to erosion control and quick turf establishment. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Updated 11/1/2005 Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Miti ation 1 916 3 (2 for Catawba) 2 698 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A Updated 11/1/2005 Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Total site =141.90 acres. Impervious = 0.00 acres existing / 40 94 acres proposed including lot coverage (28.85%). Disturbed area = 27.50 acres. All Stormwater will follow roadside ditches and natural drainageways w/level spreaders. XII. Sewage Disposal (required by DWQ) 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. Sewage disposal will be by individual septic tanks and distribution fields as approved by the Beaufort County Environmental Health Dept. Public sanitary sewer is not available. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ^ Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is a single family development and is the only acreage owned by the developer in this immediate vicinity. The single family residences should not cause additional development. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Ross Beebe, Managing Partner Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Total site =141.90 acres. Impervious = 0.00 acres existins / 40.94 acres proposed including lot coverage (28.85%). Disturbed area = 27.50 acres. _ _ _ _ All stormwater will follow roadside ditches and natural drainageways w/level spreaders. XII. Sewage Disposal (required by DWQ) 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. Sewage disposal will be by individual septic tanks and distribution fields as approved by the Beaufort County Environmental Health Dept. Public sanitary sewer is not available. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ^ Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at hrip://h2o.enrstate.nc.us/ncwetlands. If no, please provide a short narrative description: This is a single family development and is the only acreage owned by the developer in the immediate vicinity. The single family residences should not cause additional develoQment. __ XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature ~ ~j Date !~ -~- U(P (Agent's signature is valid only if an aut nzation etter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 Winfield Estates -Section 1 & 2 Beaufort County ATTACHMENT No. 1 III. Project Information 10) Describe the overall project in detail, including the Type of equipment to be used: Development of asingle-family subdivision consisting of 97 Lots, 5,997 LF of paved roads designed to NCDOT standards with roadside ditching, drainage swales and public water system. Water service will be provided by Beaufort County Water Department. Sewage disposal will be by individual septic systems as approved by the Beaufort County Environmental Health Department. The equipment planned to be used will be the normal construction equipment (i.e. dump truck, motor grader, dozer, and backhoe). V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There is no other work anticipated for this project that will require any of the approvals listed in Section I. Processing. There are other permits that will be required to complete this project, but these cannot be submitted until this approval request is acted upon. These permits are as follows: NC DENR Erosion & Sediment Control Plans/Permit NC DENR Stormwater Management Plan/Permit NC DENR Water Distribution Plans/Permit NC DOT Driveway Permit NC DOT Encroachment Agreements for Water VI. Proposed Impacts to Waters of the United States/VNaters of the State 1). Provide a written description of the proposed impacts: Six impacts to wetlands will be required to develop this site into single family residential lots. These proposed impacts are: (1IV1) 3985 square feet (0.091 ac) at Road Station 3+18 for the installation of a culvert to construct the main road in the development, (W2) 1197 square feet (0.027 ac) at Road Station 33+46 for the installation of a culvert to construct the main road in the development, (W3) 937 square feet (0.022 ac) on the area designated as Open Space in which a boat ramp, parking area, and a residential access road will be constructed, (VV4) 124 square feet (0.003 ac) at the location of the boat ramp itself, (W5) 4712 square feet (0.108 ac) on Lot 87 to fill a shallow manmade farm pond, and (VV6) 1163 square feet (0.027 ac) on Lots 22 and 23 to fill a portion of a farm ditch that divides each lot so that the homeowner will be able to make full use of their lot. Page 1 of 3 Winfield Estates -Section 1 & 2 Beaufort County Two impacts to the riparian buffer are needed to construct a boat ramp and a residential access roadway. These proposed impacts are: (R1) 93 square feet to Zone 2 for a 12 foot wide driveway access to uplands near Pungo Creek, and, (R2) 605 square feet to Zone 2, together with 916 square feet to Zone 1 to construct the 15 foot wide boat ramp. This includes 5 feet of impact on each side of the ramp for a construction area. All impacts are permanent. VII. Impact Justification (Avoidance and Minimization) Avoidance measures: The access point to the public road system for this project site is Monroe's Lane (NCSR 1767). The site is bounded to the east by Monroe's Lane, to the north by wooded and agricultural parcels owned by the Winfield family, and to the south and west by Pungo Creek or wetlands adjacent to Pungo Creek. These adjacent wetlands extend up into the project site to varying distances, with some fingers of wetlands extending the entire width of the site from south to north. There are no other public roads adjacent to this site other than Monroe's Lane, thus providing access to this development will require the crossing of these wetlands. Alternate site plans were considered, but since they all require access from Monroe's Lane, they also resulted in filling the wetlands. The other site plans do not reduce the impact to wetlands and provide a less desirable road alignment and lot configuration and therefore were rejected. A boat ramp is being constructed to provide access to Pungo Creek for the residents that do not have frontages on the water. Since wetlands are adjacent to Pungo Creek for the entire length of the waterfront, they must be crossed to proved access, resulting in wetlands being impacted. It is not possible to avoid all impacts to wetlands and provide access to the proposed lots and waterfront. Minimization measures: Alternate road design standards were explored, but Beaufort County Subdivision Ordinance requires that subdivision roads are constructed to North Carolina Department of Transportation Standards. Lowering the roadway standards would reduce the safety of the road for the residents and visitors to the proposed 97 single-family residences. Therefore reducing the roadway standards is not a feasible alternative. A single span bridge is proposed to be constructed at the area (Station 5+12.97) that would have resulted in the largest impact to wetlands from the construction of the roadway. Constructing a bridge will avoid the area of impact for this crossing and minimize the total impact for the project. This bridge is also the proposed mitigation for the wetland impacts to the entire site. Bridges could have been considered for all roadway crossings of the wetlands, but this is cost prohibitive and not practical for the Page 2 of 3 Winfield Estates -Section 1 & 2 Beaufort County size of crossings. Therefore building bridges at each crossing location was found to not be a feasible option. Culverts will be constructed at all road crossings, the boat ramp access, and the residential access drive to maintain the drainage to and from the remaining wetlands. Alternate locations for the boat ramp were considered, but they would impact as much or more wetlands than the proposed location. A central location within the development is the also the preferred location for the boat ramp to allow maximum use by all residents. There are no other minimization measures known. Page 3 of 3 Winfield Estates -Section 1 & 2 Beaufort County OTHER ATTACHMENTS 1) USGS Map with property highlighted 2) USGS Map with property highlighted 3) Enlarged Wetland/Riparian Buffer Impact Drawings 4) Allowable Impervious Area Per Lot Calculations 5) Stream Classification - Pungo Creek 6) Stream Determination 7) USACOE Jurisdictional Determination 8) Construction Plans CO-C2 Send To Printer Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Portrait ~US~ 4 km SW of Smithtown, North Carolina, United States 01 Jul 1974 . ~ ~ 44 ..r ~ ~ ~- ! ~ ~ ~- a U I ~ _ _ i~ ~i ~ ~~. } "~ ~. -~, . #- t .~ « ' ~' ~T ~ _~.r' ~' { ~~ 1. ~,.-i ~~, ~,r ,r~..,~~ ., f ' ~~' J + .. ~, _ ~~~ ` 5~,lifvd~r ~ ~: ~ `~~ ~' ,~ -. ~ f. . .4 4~~ •:, ~~ r ~; -~ ~ ~ ' , ~, ~ r r.: `,, ~`+~ t . . 5 Km 25Mi Image courtesy of the U.S. Geological Survey © 2004 Microsoft Corporation. Terms of Use Privacy Statement l~ _~ ~'..r" --- ~ ~. 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C, , o Y ~ \ x _ l \ ~ 1 ~ !~) ` O d c~ ..<<.5~ k ~- ~ O ~~ V 1 ~ `` ~~ ~ ~k ~ Y ~ , _ ~ :_~ ~' -~ ~' r ~~ ~ ~, I i ~~ ~~ Q i ~" ~ I '~\ ;~ ~ %' ~ I O ~ / -r~~ ~ v ~ N ~~.>. ~ _ ~ ~~. l ~ O X ~ ~. ~~ ~~ -~'___--'- ~i~a L t~~ ,, ~ `~~. a S _ ~, ~ ~ tf) °`~. .~ ~ c s O c~ ` ~ .r ~.. _---_- - _.. .ffi -_.'-~--~ l ^~ cry / __- __..._.. -~:n~--m ~,.~ ---~---~-----_____ fS `~ ~Cr .~ .___ r ~ ~ -ri - - ._ -----_ ~- _._ ~ .. ~--= ~ p -- - --_-_ --__ _ _ -_ _ -. ~ _ --_----__ ., -- - _-.~_._,,.m, ~-. II ~ I ~~ 1 ~ ~ - ~ .~~ `~ 558.32' ~ ~ ~ ~ '~ - ~.. ~,. ~ _ \` J S, ~ ~ ~ k ~~ I ~~. i i LO I ~ '' ~ ~ ~ I ~ ~ `~o. ~ I o ~ U % ~~k ~ I I I ,~ ~ ~ ~~_,r r ~ Q % / I ~ ~n =00 ~- ~ ; ~ ~ ~, i ~ ~ o~ ~ ~ .~. •9. -~~~ ~ N ~ ~ ~~ I ~: ~~ ~~ ~ 6' ; " m O _ - ~~ ~ v_:C C~ ~, k ~ \\\~~ 0 ~- ~ _ ~ / .. I O ~-- ~ ~ Q ~! ~ ~ k L . C ~' ~ N ~ ~ r=.cl ~ ~ , 1 ~ ~ .:x ~ f / ~ I ~ i~ ~- ~ I( k ' ~ ~~~~~: ~9 I W •. ~~ ,. ,Y / ~ .. ~ ~- _r1 ~ ~~~\ I / \ \ 1 k ~ ~0 I ~~ ~ k I~ 3NIl H~l.bW'- - U `' o ~ [~] 6~ i I o ~ oo ~ o %~ ~----- /,- ,~ ~ o ~~~ ~, - - ~,,~ • ~ , i d.',. / _.u O Y ~' ._ ~V A ~ ~~ ~C~~~ L V ~ ~~ c, j. + ~r' ~ ~ ~9 ~ ~V ~ '~ ~ ~ ~ '< `~- ~ N \ \ ~~. ~~ I \\\ , \ ~~` , ~ =. ~.a ~~ o ~_ a~ '~ _~ `~ __ C~ \ `\ ...Y ~ ~ ~ L/ten C ~~ ~ ~ l `k k ~ / k ~ ~ ~ ~. m ~ . 1 ~ ~ ~ ~'~ ~ ~ ~ ,\ ~ ~ . 1 ~ ~, ATTACHMENT A Winfield Estate Subdivision Bath Township Beaufort County 6/26/zoo6 ' SECTION < LOOT IVo, - ..~ 707A1. L,~C~7 ~Y1Y 7 ~ ~ 1 -1+~ ~U "~' ~ 5 ~~~ b~ MX~1 G . a_ 41~O~KIABLE 2 1 1.08 46,939 0.00 0 1.ua 46,939 0.32 14,035 0.00 0 0.32 14,035 2 2 0.99 43,156 0.10 4,517 0.89 38,639 0.27 11,553 0.00 0 0.27 1 t,553 2 3 1.11 48,566 0.11 4,734 1.01 43,832 0.30 13,106 0.00 0 0.30 13,106 2 4 1.43 62,103 0.00 0 1.43 62,103 0.43 18,569 0.00 0 0.43 18,569 2 5 1.25 54,381 0.00 0 1.25 54,381 0.37 16,260 0.00 0 0.37 16,260 2 6 1.84 80,008 0.00 0 1.84 80,008 0.55 23,923 0.00 0 0.55 23,923 2 7 1.26 54,886 0.00 0 1.26 54,886 0.38 16,411 0.00 0 0.38 16,411 2 8 1.25 54,577 0.00 0 1.25 54,577 0.37 16,318 0.00 0 0.37 16,318 2 9 1.22 53,034 0.00 0 1.22 53,034 0.36 15,857 0.00 0 0.36 15,857 2 10 0.82 35,913 0.00 0 0.82 35,913 0.25 10,738 0.00 0 0.25 10,738 2 11 0.82 35,659 0.00 0 0.82 35,659 0.24 10,662 0.00 0 0.24 10,662 2 12 0.79 34,604 0.00 0 0.79 34,604 0.24 10,347 0.00 0 0.24 10,347 2 13 0.77 33,388 0.00 0 0.77 33,388 0.23 9,983 0.00 0 0.23 9,983 2 14 0.60 26,292 0.00 0 0.60 26,292 0.18 7,861 0.00 0 0.18 7,861 2 15 0.59 25,832 0.00 0 0.59 25,832 0.18 7,724 0.00 0 0.18 7,724 2 16 0.61 26,527 0.00 0 0.61 26,527 0.18 7,931 0.00 0 0.18 7,931 2 17 0.62 27,221 0.00 0 0.62 27,221 0.19 8,139 0.00 0 0.19 8,139 2 18 0.64 27,935 0.00 0 0.64 27,935 0.19 8,353 0.00 0 0.19 8,353 2 19 0.67 29,180 0.00 0 0.67 29,180 0.20 8,725 0.00 0 0.20 8,725 2 20 0.70 30,663 0.00 137 0.70 30,526 0.21 9,127 0.00 0 0.21 9,127 1 21 1.21 52,633 0.04 1,623 1.17 51,010 0.35 15,252 0.00 0 0.35 15,252 1 22 1.07 46,717 0.01 433 1.06 46,284 0.32 13,839 0.00 0 0.32 13,839 1 23 1.28 55,928 0.01 545 1.27 55,383 0.38 16,559 0.00 0 0.38 16,559 1 24 0.98 42,657 0.00 0 0.98 42,657 0.29 12,755 0.00 0 0.29 12,755 1 25 1.02 44,532 0.00 0 1.02 44,532 0.31 13,315 0.00 0 0.31 13,315 1 26 0.99 43,099 0.00 0 0.99 43,099 0.30 12,887 0.00 0 0.30 12,887 1 27 0.92 40,267 0.00 0 0.92 40,267 0.28 12,040 0.00 0 0.28 12,040 1 28 0.88 38,550 0.00 0 0.88 38,550 0.26 11,526 0.00 0 0.26 11,526 1 29 0.81 35,233 0.00 0 0.81 35,233 0.24 10,535 0.00 0 0.24 10,535 1 30 0.72 31,245 0.00 0 0.72 31,245 0.21 9,342 0.00 0 0.21 9,342 1 31 0.70 30,318 0.00 0 0.70 30,318 0.21 9,065 0.00 0 0.21 9,065 1 32 0.67 29,175 0.00 0 0.67 29,175 0.20 8,723 0.00 0 0.20 8,723 1 33 0.64 27,994 0.00 0 0.64 27,994 0.19 8,370 0.00 0 0.19 8,370 1 34 0.62 26,813 0.00 0 0.62 26,813 0.18 8,017 0.00 0 0.18 8,017 1 35 0.66 28,599 0.00 0 0.66 28,599 0.20 8,551 0.00 0 0.20 8,551 1 36 0.84 36,386 0.00 0 0.84 36,386 0.25 10,879 0.00 0 0.25 10,679 1 37 1.12 48,765 0.29 12,792 0.83 35,973 0.25 10,756 0.00 0 0.25 10,756 1 38 0.91 39,748 0.19 8,291 0.72 31,457 0.22 9,406 0.00 0 0.22 9,406 1 39 1.29 56,179 0.11 4,921 1.18 51,258 0.35 15,326 0.00 0 0.35 15,326 1 40 0.92 40,100 0.07 3,187 0.85 36,913 0.25 11,037 0.00 0 0.25 11,037 1 41 1.20 52,145 0.13 5,636 1.07 46,509 0.32 13,906 0.00 0 0.32 13,906 1 42 1.27 55,192 0.09 3,825 1.18 51,367 0.35 15,359 0.00 0 0.35 15,359 1 43 1.33 57,856 0.23 9,897 1.10 47,959 0.33 14,340 0.00 0 0.33 14,340 1 44 1.43 62,130 0.51 22,066 0.92 40,064 0.28 11,979 0.00 0 0.28 11,979 F~• ATTACHMENT A Winfield Estate Subdivision Bath Township Beaufort County 6/26/2006 5EG f1~7F1 No. ' X01" fVo. TOTAL IAT __ : ; . Aa6A . v - .. . ~ V~~ I41~(tl5 , ~. ~ -':-w-~.;iE`A -~: UPLANL7S_. - .1 ;"7,: ;;v7~,e,, r ~ ; : ALL : " ~ :. ~LY~G~ - 1~$, #~ °i` td ~~ ALLC~WHf3Ll: ~tlu~ ~4REA AC -; -, . ~ -; .., ,.,~;AC ~:, -_SF- ~ , .: -.: ~ I~O_ _=5F A~ '4' c 'SF~i~ ~_ ~= "~~`:""5~t„ ~~ A~ . g~ 1 45 _ 1.14 75,y3u 0.89 38,639 0.86 37,291 0.26 11,150 0.00 0 0.26 11,150 1 46 1.94 84,426 1.12 48,735 0.82 35,691 0.24 10,672 0.00 0 0.24 10,672 1 47 2.10 91,636 1.25 54,465 0.85 37,171 0.26 11,114 0.00 0 0.26 11,114 1 48 2.14 93,312 1.15 50,183 0.99 43,129 0.30 12,896 0.00 0 0.30 12,896 1 49 1.80 78,358 0.62 27,093 1.18 51,265 0.35 15,328 0.00 0 0.35 15,328 1 50 1.26 54,896 0.26 11,294 1.00 43,602 0.30 13,037 0.00 0 0.30 13,037 1 51 0.87 37,976 0.19 8,306 0.68 29,670 0.20 8,871 0.00 0 0.20 8,871 1 52 0.99 43,195 0.30 13,092 0.69 30,103 0.21 9,001 0.00 0 0.21 9,001 1 53 1.49 64,962 0.67 29,366 0.82 35,596 0.24 10,643 0.00 0 0.24 10,643 1 54 1.23 53,550 0.21 9,032 1.02 44,518 0.31 13,311 0.00 0 0.31 13,311 1 55 1.40 60,850 0.45 19,595 0.95 41,255 0.28 12,335 0.00 0 0.28 12,335 1 56 1.56 67,982 0.62 27,023 0.94 40,959 028 12,247 0.00 0 0.28 12,247 1 57 1.91 83,116 0.72 31,529 1.18 51,587 0.35 15,425 0.00 0 0.35 15,425 1 58 1.69 73,786 0.59 25,776 1.10 48,010 0.33 14,355 0.00 0 0.33 14,355 1 59 1.33 57,924 0.28 12,287 1.05 45,637 0.31 13,645 0.00 0 0.31 13,645 1 60 1.37 59,646 0.06 2,749 1.31 56,897 0.39 17,012 0.00 0 0.39 17,012 1 61 1.60 69,533 0.32 13,763 1.28 55,770 0.38 16,675 0.00 0 0.38 16,675 1 62 1.96 85,408 0.83 35,950 1.14 49,458 0.34 14,788 0.00 0 0.34 14,788 1 63 1.74 75,807 0.64 27,673 1.11 48,134 0.33 14,392 0.00 0 0.33 14,392 1 64 1.12 48,909 0.04 1,620 1.09 47,289 0.32 14,139 0.00 0 0.32 14,139 1 65 1.11 48,416 0.36 15,576 0.75 32,840 0.23 9,819 0.00 0 0.23 9,819 2 66 1.57 68,378 0.59 25,651 0.98 42,727 0.29 12,775 0.03 1,451 0.26 11,324 2 67 1.92 83,612 0.80 34,760 1.12 48,852 0.34 14,607 0.03 1,514 0.30 13,093 2 68 2.03 88,435 0.80 34,760 1.23 53,675 0.37 16,049 0.00 0 0.37 16,049 2 69 1.86 81,191 1.00 43,476 0.87 37,715 0.26 11,277 0.00 0 0.26 11,277 2 70 1.75 76,307 0.98 42,651 0.77 33,656 0.23 10,063 0.00 0 0.23 10,063 2 71 2.23 96,927 1.33 57,876 0.90 39,051 0.27 11,676 0.00 0 0.27 11,676 2 72 2.29 99,946 1.46 63,669 0.83 36,277 0.25 10,847 0.00 0 0.25 10,847 2 73 1.99 86,893 1.20 52,202 0.80 34,691 0.24 10,373 0.00 0 0.24 10,373 2 74 1.89 82,453 1.33 57,997 0.56 24,456 0.17 7,312 0.00 0 0.17 7,312 2 75 1.53 66,655 0.98 42,899 0.55 23,756 0.16 7,103 0.00 0 0.16 7,103 2 76 1.45 63,102 0.83 36,210 0.62 26,892 0.18 8,041 0.00 0 0.18 8,041 2 77 1.31 56,995 0.52 22,828 0.78 34,167 0.23 10,216 0.00 0 0.23 10,216 2 78 1.29 55,978 0.37 16,270 0.91 39,708 0.27 11,873 0.00 0 0.27 11,873 2 79 2.19 95,505 1.06 46,138 1.13 49,367 0.34 14,761 0.00 0 0.34 14,761 2 80 2.27 99,065 1.07 46,654 1.20 52,411 0.36 15,671 0.00 0 0.36 15,671 2 81 1.35 58,757 0.51 22,003 0.84 36,754 0.25 10,989 0.00 0 0.25 10,989 2 82 1.07 46,407 0.26 11,398 0.80 35,009 0.24 10,468 0.00 0 0.24 10,468 Z 83 0.98 42,704 0.18 7,943 0.80 34,761 0.24 10,393 0.00 0 0.24 10,393 2 84 1.47 63,875 0.60 26,180 0.87 37,695 0.26 11,271 0.00 0 0.26 11,271 2 85 1.68 73,154 0.51 22,129 1.17 51,025 0.35 15,257 0.00 0 0.35 15,257 2 86 1.28 55,925 0.41 17,804 0.88 38,121 0.26 11,398 0.00 0 0.26 11,398 2 87 1.48 64,686 0.20 8,586 1.29 56,100 0.39 16,774 0.00 0 0.39 16,774 2 88 1.12 48,880 0.01 318 1.11 48,562 0.33 14,520 0.00 0 0.33 14,520 Faee 2 of 3 ATTACHMENT A Winfield Estate Subdivision Bath Township Beaufort County 6/26/2006 ' 5BG7(ON ,ND .. L{7TNn. ., T.OTAL.LOT ~ ~;' 1~2tA;~ '. b . . ~ '/VETLANIJS r ~ - ~rs',`. M7 #,; UPLANL3S ,`~_- ,(~. ~AR~ tip ;• ALL , ~r Udt~l~ "~ ~ ~ ~ t3~:i..L~W~I~t:~` ~U~ ~4a ~ 2 ~ t39~ 1.18 51,402 0.06 2,754 1.12 48,648 0.33 14,546 0.00 0 0.33 14,546 2 90 1.08 47,180 0.15 6,487 0.93 40,693 0.28 12,167 0.00 0 0.28 12,167 2 91 1.05 45,706 0.12 5,415 0.92 40,291 0.28 12,047 0.00 0 0.28 12,047 2 92 1.19 51,852 0.16 7,185 1.03 44,667 0.31 13,355 0.00 0 0.31 13,355 2 93 0.94 41,129 0.41 17,960 0.53 23,169 0.16 6,928 0.00 0 0.16 6,928 2 94 0.94 40,944 0.21 9,103 0.73 31,841 0.22 9,520 0.00 0 0.22 9,520 2 95 0.97 42,069 0.26 11,203 0.71 30,866 0.21 9,229 0.00 0 0.21 9,229 2 96 0.77 33,705 0.16 7,168 0.61 26,537 0.18 7,935 0.00 0 0.18 7,935 2 97 2.12 92,529 0.98 42,590 1.15 49,939 0.34 14,932 0.00 0 0.34 14,932 Totals 123.17 5,365,091 32.98 1,436,617 90.19 3,928,474 26.97 1,174,614 0.07 2,965 26.90 1,171,649 Number of 97 Average Lot Size : 1.27 Total Imp. Area in Lots (BUA): 26.90 Total Imp. Area in Subdivision: 31.10 Imp. In Subdivision: 28.88% '" Equals Total Impervious Area in Subdivision Total Area of Subdivision -Total Marsh Total Area of Subdivision: 141.90 Total Area Undeveloped: 0.00 Total Lot Area: 123.17 Total Area Grass 13.36 Total Marsh (Lots): 32.98 Total Marsh (Other): 1.24 Total Buildable Area (Uplands): 90.19 Total Area Open Space Pavement: 0.95', Total Area of Roadway: 3.18 Total Area of Sidewalk 0.00' Total Area of Gravel Access Road: 0.07 Included in the buildable lot area 31.08 (141.90 - 32.98 - 1.24) rao,. s ~r s n a a v ~ ry-I o o N rd `p' b ro o m m w a o~~ G m N ~- a n~ w w~° w o n G c~ N m °H° m~ n G w w m H H K m F' H H N m G m m O a O M Iryj .H a s p p N rt Y D F~- W O H a 0 H ri p '.~ D W m O O W m n ',] p W X x 1'~ P. 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Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 26, 2006 Allen Henke The East Group, PA 324 Evans Street Greenville, NC 27858 Subject Property: Winfield Estates UTs to Pur~ga Creek, Tar-Pamlico Fiver Basin DWQ Project # WaR0-06-0077 Beaufort County On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A NCAC 02B .0259) Dear Mr. Henke: On May 3, 2006, at your request I conducted an on-site determination to review drainage features located on the subject property for applicability to the Tar-Pamlico Riparian Buffer Rules (15A NCAC 02B .0259). The property is located on the south side of Pungo Creek Road (SR 1715), approximately 2 miles southeast of the intersection of Pungo Creek Road and US HWY 264 near Yeatesville. The feature is labeled as "WaR0-06- 0077" on the attached map initialed by me on June 26, 2006. The Division of Water Quality (DWQ) has determined that the portion of the feature that is highlighted in blue on the attached map is Subject to the Tar-Pamlico Buffer Rules. The portion of the feature that is highlighted in pink on the attached map is Exempt from the Tar-Pamlico Buffer Rules. These features should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This determination pertains to the subject property only. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. North Carolina Division of Water Quality Internet: h2o.enrstate.nC.us 943 Washington Squaze Mall Phone: 252-946-6481 Washington, NC 27889 FAX 2~2-946-9215 An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper NonrthCarolina ~aturallr~ 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 determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call me at (252) 948-3920. Sincerely, ~~ Chris Pullinger/Environmental Spec. II DWQ/WaRO Wetlands / 401 Unit Enclosures: portion of Pantego quadrangle, USGS topographical map, 1:24,000 scale cc: DWQ WaRO file 401 Central Office file Filename: WaR0-06-0077 rnCriolin. E116-nmental ManageeM Com of Wabr For.I ckm* 0 1715 &*ftd by -t -7 7 Cady (C) Ila Ai G 0 veyard Pt BATH Q IN D41 19 x )i L 94 Burbq 4o U.S. ARMY CORPS Off' ENGINEERS WILMINGTON DISTRICT OItiVi ID: SAW-2006-32711-107 County: Beaufort U.S.G.S. Quad: Belhaven NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Clear Water Marketinti, LLC Address: 309 Middle Street Suite 3 New Bern, North Carolina 28560 Telephone No.: (252) 633-2059 Property description: Size (acres) 141.90 acres Nearest To«m Belhaven Nearest Waterway PunQO Creek River Basin Tar-Pamlico L'SGS HUC 03020104 Coordinates N 35.503172 W -76.699911 Location description A 141.9 acre tract known as Winfield Estates subdivision located on the west side of NCSR 1767 annroximately 0.3 miles south of the intersection with NCSR 1715__ad~acent to Pungo Creek southwest of the Town of Belhaven in Beaufort County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there maybe 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 fmal, 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). 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. Y 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 properly 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 6/16/2006. 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. _ Please be advised that a Prior Converted Cropland (PC) determination made by the Natural Resource Conservation Service (MRCS) remains valid as long as the area is devoted to an agricultural use, If the land changes to anon-agricultural use, the PC determination is no longer applicable and a new wetland determination is required for Clean Water Act purposes. Page 1 of 2 OR.NI ID: SAW-2006-32711-107 _ 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). CTnless 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 (CAVIA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact NIr. Scott Jones at (252) 975-1616. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Carps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Pun~o Creek, a tributary of the Pamlico River. D. Remarks Plat prepared by The East Group P A on 2/22/2006 and titled, WINFIELD SUBDIVISION -WETLAND MAP (project no. 200503271. 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 detemunation, 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 South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 08/16/2006. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: t '~ ' ~~, Date 06!16/2006 ~ Expiration Date 06/16/2011 Copy furnished: Mr. Ken Biggs The East Group, P.A. Post Office Box 7 305 Greenville, North Carolina 27835 Page 2 of 2 JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S. Army Corps of Engineers DISTRICT OFFICE: CESAW-RG-W FILE NUMBER: SAW-2006-32711-107 PROJECT LOCATION INFORMATION: State: NC County: Beaufort Center coordinates of site (latitude/longitude): 35.503 172 / -76.699911 Approximate size of area (parcel) reviewed, including uplands: 141.9 acres. Name of nearest waterway: Pungo Creek Name of watershed: Tar-Pamlico JURISDICTIONAL DETERMINATION Completed: Desktop determination [.~ Date: Site visit(s) ~ Date(s): 03/15/2006 Jurisdictional Determination (JD): Preliminary JD -Based on available information, ^ there appear to be (or) ^ there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size ofjurisdictional area: There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size ofjurisdictional area: 33.73 acres. There are "isolated, non-navigable, infra-state waters or wetlands" within the reviewed area. Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": (1) The presence of waters, which are currently used, or were used in the past, or maybe susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. Q (2) The presence of interstate waters including interstate wetlands. [] (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ (iii) which are or could be used for industrial purposes by industries in interstate commerce. [] (4) Impoundments of waters otherwise defined as waters of the US. Q (5) The presence of a tributary to a water identified in (1) - (4) above. [] (6) The presence of territorial seas. (7) The presence of wetlands adjacentZ to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. IjB(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i. e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. If B(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to Pungo Creek, a tributary of the Pamlico River. Page 3 of 2 Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) Ord inary High Water Mark indicated by: ^~ High Tide Line indicated by: ^ clear, natural line impressed on the bank ^ oil or scum line along shore objects ^ the presence of litter and debris ^ fine shell or debris deposits (foreshore) ^ changes in the character of soil ^ physical markings/characteristics ^ destruction of terrestrial vegetation ^ tidal gages ^ shelving ^ other: ^ other: Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation linesichanges in vegetation types. Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: The East Group, P.A. Basis For Not Asserting Jurisdiction: The reviewed area consists entirely of uplands. ^ Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3}. ^ The Corps has made acase-specific determination that the following waters present on the site are not Waters of the United States: ^ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ^ Artificially irrigated areas, which would revert to upland if the irrigation ceased. ^ Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ^ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ^ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ^ Isolated, intrastate wetland with no nexus to interstate commerce. ^ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ^ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ^ Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): Maps, plans, plots or plat submitted by or on behalf of the applicant. Data sheets prepared/submitted by or on behalf of the applicant. ® This office concurs with the delineation report, dated 05/16/2006, prepared by (company): The East Group, P.A. ^ This office does not concur with the delineation report, dated ,prepared by (company): Data sheets prepared by the Corps. Corps' navigable waters' studies: U.S. Geological Survey Hydrologic Atlas: U.S. Geological Survey 7.5 Minute Topographic maps: Belhaven ~] U.S. Geological Survey 7.5 Minute Historic quadrangles: [~ U.S. Geological Survey IS Minute Historic quadrangles: USDA Natural Resources Conservation Service Soil Survey: Beaufort National wetlands inventory maps: State/Local wetland inventory maps: ^ FEMA/FIRIvI maps (Map Name & Date): 100-year Floodplain Elevation is: (NGVD) ^ Aerial Photographs (Name & Date): CESAW [~ Other photographs (Date): Advanced Identification Wetland maps: Site visit/determination conducted on: 3/15/2006 [~ Applicable; supporting case law: [,] Other information (please specify): Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). `The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. _.~ r ~ i~ ~ ~W f,,~: ,. l y _ ~ _ n r. p A} k, ~ ~ I r. A licant: Clear Water Marketing, LLC File No.: SAW-2006-32711-107 Date: 06/16/2006 At tached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A pernlission) PROFFERED PERMIT (Standard Permit or Letter of ermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ~Tliea~~~µl~~«t~ntT;rrcientilte~ ~~uraz~`l~tshai~cl_c{pttol5 w~~~~diri~'a~15~~iii1 :ali~~pTe~.'~'~ ¢~ ~e=.~ .~:. SE~TIO~ I ~ ~leci~iot~ ~.~d'tioJl~~,lry~`u-rtorrnahozLiilav be~tot~ri~i ai~htt ~ ~~~.~~-~~~v trsacc ar7n~ nail, rtze ~ ctians c,~~~~~e, tl'/l~ ref ,~: , u , r am " ". ' ~' ~ ~ r ry_ _. y . ..} C . - '1 t.J,. 4 /. : ~. 4' y,:- p ' y ~ ' j. 1.' t a.: ~ ; i av +,+11 „ ~~ ` ,k 'SL + C'o~ps re~utati'on5 1t ~~~ CFjEZ Pai=t.~ ,1 n ~ "~ .,ti . ~ ~.-,b~.. ~~ <ti.~,x ~ G~.•+ n ~~ A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • 03JECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERIVIIT: You may accept or appeal the permit i • r~l:C;~;r t : 1t you recetvea a ~tanaara rerrmt, you may sign the pert aocument ana return tt to me aismc~ engmecr iur iinai authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or :provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. _~ , - t r SE~TL(~\,lI - RtiQ[~TEST-F~~R AP~PE~L_or OB.TL~.T10\S~TO_~ti li~~[T1 ~T_PRUFFLRED PERMIT ~~~~ ~ .~ _ REASOIvTS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POII~TTt:QF C~~1 C~~T~F~QR~QL~ESTIOI~~S OR~I~I,QR~tiI.~1TIOi~,~;~..r r ~ ~ ~ _` ~ ~"-T ~ ~` a~°.~.~~> y, ." ~,~-: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Mr. Scott Jones, Project Manager Mr. Michael F. Bell, Administrative Appeal Review Officer CESAW-RG-W CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, NC 27889 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 ~ . ~~ Q ~~ `~ ~ .. ---~;'1`'__ r. .fir { ~~~. tf~ ~- ,~~,. . , ~,~` ~~~. , ; ,f, ~ . ~., ,: .. 7 i , , , `l r ~`l '`, . ~~4 ~i - r ti ...1 4w ~:'/ I ~ ~ ., ~~` r~ _ _ ~ fib a ~} i +~, ( i ik ' r ~ ~ ; ? '+ i ,, ____ `~~ ~ ~~ .u ~ ~~n .-.~_..__-~.... ~-- 1~'~dy _ ., _ w~ ~ ~ f ~ (# L r ~~ ~ ._ _ ~ ., u t ,, ~. ~ ~ _.. _ . _ ~~ 1~~ ~``~' ,~; ~._.~ ~~ ,. ~ Clear Water Marketing, LLC Winfield Estates 'Beaufort County ORN1 ID: SAW-2006-32711-107 35.503172 75.699911 ~~ ~' 4. • f:~s... ~~ ~"~ ~ _. k.; ~ 1 t,. ~ ~ rv ~ i~~ .~ ~. t ~'~ ~ j ~~ t ^ +( I ~' ~y ~f+ / ~` f fi O ~1 ~ U ~ I~ IAA.: !+ ~ 1 r' "~, r',''' ` - _ _.._...~__ f .. . ,.. , , . _ ~ ~ ,. _ .. ~ .. ~~ . , , ,5~..,~~r..~ rr_.~, ref ~'~ ;` `1.:. :~