Loading...
HomeMy WebLinkAboutSW8091003_HISTORICAL FILE_20100409STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Q) I003 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 10\00�0q YYYYMMDD AM A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins. Governor Director April 9, 2010 Mr. William Neal Lewis, CPRP, Director New Hanover County Parks Department 230 Government Center Drive, Suite 120 Wilmington, NC 28403 Subject: Permit No. SW8 091003 New Hanover County Parks — Smith Creek Low Density Stormwater Project New Hanover County Dear Mr. Lewis: Dee Freeman Secretary The Wilmington Regional Office received a complete Stormwater Management Permit Application for New Hanover County Parks — Smith Creek on March 5, 2010. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit. No. SW8 091003 dated April 9, 2010, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. 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 thirty (30) 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 either Ms. Aisha Lau or me at (910) 796-7215. Sincerely, `. Georgette Scott f—tg-`l Stormwater Supervisor Division of Water Quality GDS/ahl: S:\WQS\STORMWATER\PERMIT\091003.apr10 cc: Mr. Brian Riley — Thomas & Hutton Engineering Co. New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering Mr. Jim lannucci — New Hanover County Engineering Wilmington Regional Office Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-2004 \ Customer Service: 1-877-623-6748 Internet: w .ncvvaterquality.org An Equal Oppoeunity \ Affirmative Action Employer NorthCarolina naturally State Stormwater Management Systems Permit No. SW8091003 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY 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 New Hanover County Parks Department New Hanover County Parks — Smith Creek Harris Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a 24% low density development in compliance with the provisions of Session Law 2008-211 and Title 15A NCAC 2H .1000 (hereafter referred to singly and collectively 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 apart of.this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS This permit covers the construction of a total of 589,356 square feet of built -upon area. Of this total, the built -upon area for the future development is limited to 449,456 square feet. The overall tract built -upon area percentage for the project must be maintained at no more than 24%, as required by Section .1005 of the stormwater rules. Approved plans, application, supplements and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. Where the flowrate in a swale exceeds 2 fps, a mechanism to prevent erosion shall be provided at the end of the swale, prior to discharging into the 50' buffer, surface waters or wetlands. 6. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. Page 2 of 5 State Stormwater Management Systems Permit No. SW8091003 7. Projects covered by this permit will maintain a minimum 50-foot-wide vegetative buffer adjacent surface waters, with the exception of the proposed walking trail that will circumnavigate the lake and is to be placed on top of where a historic mining road existed. The width of the buffer is measured horizontally from the normal pool of impounded structures, from the bank of each side of streams or rivers, and from the mean high water line of tidal waters, perpendicular to the shoreline. Due to property limit constraints and the fact that the path existed prior to the existence of vegetative buffer requirements, a variance from the vegetative buffer requirement has been granted for the construction of the walking trail between 29+75 to 32+70 where the proposed path is to be located as far from the water's edge as project constraints allow. 8. All runoff directed into and through the vegetative buffer must flow through the buffer in a diffuse manner. 9. All runoff directed into wetlands shall flow into and through the wetlands at a non - erosive velocity. 10. Roof drains must terminate at least 50' from surface waters. II. SCHEDULE OF COMPLIANCE The permittee shall not allow any person, including the permittee, to alter any part of the approved stormwater management system or fill in, alter, or pipe any drainage feature (such as swales) as shown on the approved plans, except for minimum driveway crossings, unless and until the permittee shall have submitted a modification to the permit and received approval from the Division of Water Quality. 2. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 3. 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. 4. 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 the project area, in whole or in part. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan, except for minimum driveway crossings. Page 3 of 5 State Stormwater Management Systems Permit No. SW8091003 Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and operational for their intended use prior to the construction of any built -upon surface. 6. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of.side slopes in accordance with approved plans and specifications. 8. Prior to the sale or subdivision of this project, in whole or in part, the permittee is required to submit a permit modification. 9. Construction of additional built -upon area in excess of 589,356 square feet will require a permit modification. Construction of additional impervious areas such that low density requirements are no longer met must be submitted to DWQ and a permit modification must be issued prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. 10. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 11. The permittee shall submit all information requested by the Director or his/her representative within the time frame specified in the written information request. III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the latest version of the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 5 State Stormwater Management Systems Permit No. SW8091003 ' 6. This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. In the event of a name or ownership change, a completed Name/Ownership Change form must be submitted to the Division of Water Quality, signed by the parties involved, and accompanied by appropriate documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 7. The permittee is responsible for compliance with all permit conditions until the Director approves the permit transfer. Neither the sale of the project, in whole or in part, nor the transfer of common area to a third party, shall be considered an approved permit transfer request. 8. The permittee grants permission to DENR Staff to enter the property for the purpose of inspecting all components of the stormwater management facility. 9. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 10. The issuance of this permit does not preclude the Permittee from complying with and obtaining any and all permits or approvals as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site prior to receipt of the necessary permits or approvals to do so is considered a violation of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 9th day of April, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - - for Coleen H. ull� ins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 091003 DWQ USE ON LY Dat " Received Fee Paid Perinit Number 0 0 0 it z o ApplicableRules: (select nll that apply) ❑ Coastal SW -1995 ❑ Non -Coastal SW- HQW/ORW ❑ Other WQ M not Plan: Sn Coastal SW Waters -2008 06 Ph 11 - Post Construction ❑ Universal Stormwater Msnagenxart Plan State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM Viis fimrr nwy be photoeopicrl firr use as mr origaieal I. GENERAL INFORMATION 1. Project Nano (subdivision, facility, or eslablishmenl name- should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): New Hanover County Parks - Smith Creek 2. Location of Project (slrnsll address): Harris Road (SR 2117) Ci ly:Wilminlrtoll Counly:New Hanover Zip:28411 3. Directions to project (Irom nearest major intersection): A nproximately 0.65 miles north from the in lersecti on of Gordon Road (SR 1327) & Harris Road (SR 2117) on 4. Latitude:340 15' 41" N Longitude:770 52' 55" W of the main entrance to the project. IL PERMIT INFORMATION 1. it. Specify whether project is (check one): ®New ❑Modification b.11 this it pill ica lion is lei lie, submi tied as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: ❑Nut Started ❑Partially Completed' ❑ Completed' *provide a designer's certification 2. Speedy the type of projua (check one): ®Low Density ❑High Density ]Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of it previously returned application or a letter from DWQ requesting a state Stormwater management permit application, list the slormwater project nunhher, it assigned, and the previous name of the project, if different than currently proposed, 4.a. Additional Project Requirements- (chuck applicable blanks; information on required stale Permits can be obtained by contacting the Customer Service Center Lill-i77-623-6745): ❑CAMA Major ®Sedimentation/Erosion Control: 9_3 ac of Disturbed Area ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts b.11env of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue dale and the type of each Permit: O C T 0 2 2009 Form S\VU-Illy Version 07.1uly2009 Page I of-6 BY: III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organi rat ion: New Hanover County Parks Department Signing Official lir Ti0e:William "Neal' Lewis. CPRP. Director b.Conlact infornwlion for person listed in item la above: Street Address:230 Government Center Drive, Suite 120 Cily:Wilminvton State:Norlh Carolina Zip:28403 Mailing Address (ifnpplico6le):same as above. City: Slate: Zip: Phone: (910 ) 798-7620 Email:nlewis@nhci',)v.com Fax: (910 ) 798-7621 c. Please chca.k the appropriate pox. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee' (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser"' (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 26 below) ❑ Developer` (Complete Contact Information, item 2a and 26 below.) 2. a. Print Properly Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: b.Conlact information for person listed in item 2a above - Street Address: City: Slate: Zi Mailing Address (if applicable): CitN'. Stale: Zi Phone ( ) Fax: ( ) 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organi Signing Official & Title: b.Contacl information for person listed in item 3a above: Mailing Add City Phone: Email: Slate: Zi Fax: 4. Local jurisdiction for building permits: New Hanover Count Point of Contact: Phone #: (910 ) 798-7450 Form SWIJ-101 Version 07.luly2009 Pagc 2 0l 6 I.V. PROJECT INFORMATION 1. In the space provided below, briefiv summarize how the stormwater runoff will be treated. Stormwater will be treated via roadside/conveyance swales, overland sheet flow, and an existing pond. 2. a.lf claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date. b.Identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW - 1995 ® Ph 11 - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 92.1 +/- acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 35.8 +/- acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: 56.3 +/- acres + Total project Wren shall be calculated to exclude the follozoing the normal pool of innppounded structures, the area bcteoeen the banks of streams and rivers, the area below llre Normal High Water (NW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant Frroject area is used to calculate overall percent built upon area (BLIA). Non -coastal wetlands landward of the NHW (or MHW) line rnny be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 24 9. How many drainage areas does the project have?l (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area Drainage Area Drainage Area Receiving Stream Name Smith Creek Stream Class * C;Sw Stream Index Number * 18-74-63 ' Total Drainage Area (so 2,455,650 On -site Drainage Area (sf) 2,455,650 Off -site Drainage Area (sf) 0 Proposed Impervious Area** (so 589,356 ly, Impervious Area** total 24 Impervious** Surface Area. - Draina >e Area _ Draina g e'Area, Drainage Aran Draina >e Area _ On -site Buildings/ Lots (so 2,170 On -site Sheets (so 0 On -site Parkin (sf) 55,215 On -site Sidewalks (so 82,515 Qtherven-Bile-(gfj Future Parking 5,100 Future (sf) 444,356 Off -site (so 0 Gxistin BUA*** (so 0 Total (so: 589,356 Stream Class and Index Number can be delennined at: bftp://Ir2o.enrstate.nc.us/biros/rrports/reyortsWl3.htrnl " Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 07July2009 Page 3 ol'6 """ Report only that mrnnunt of existing 13 LIA that will remnin after develolanent. Do not report aany existing 13LIA that is to he removed and 7111lidn will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Proiects in Union County: Contact DWQ Central Offrce staf/7n check i/'the project is /Denied within n Threatened & Endangered Species watershed that mar be subject to more stringent stornnrater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable stale stormwaler management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded fromhlln://fi2o.enrstete.nc.us/su/ban fonns.htm. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from hllp://h2o.enrslale.nc.us/su/bap fonns.hlm. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locatingprojectonlheiiiteractive.oniine mapalhttp://ii2o.enr.stat(!.iic.us/su/msi maps.htm.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from hltn://l12o.eiirslalc.nc.us/su/bap fonns.htm. 1. Original and one copy of the Slormwater Management Permit Application Form. 2. Original and one copq of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to hitp://www.envlielp.org[_paecs/onestopexl,ress.litnil for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application me43ing.) 5. A detailed narrative (one to two pages) describing the stormwaler treatment/management 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within'/z mile of the site boundary, include the'h mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. a North arrow. I. Scale. g. Revision number and dales. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the. MHW or NHW line of tidal waters, and anv coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing, contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. in. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identily the person who made the determination on the plans. n. Existing drainage (including ofl_ site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). Form SWIJ-101 Version 07July2009 Page4 of6 "als 1J tfir 9. Copy of any applicable soils report with the. associated SH WT elevations (Please identify plk elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5'x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the inliltralion rate. (Infiltration Devices submitted to WiRO: Schedule a site Visit liar DWQ toVerifil the SHWI' prior to submittal, (910) 796-7378.) 10. A copy of the most current properly deed. Deed book: 3358 Page No: 546 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC lU I /f Secretary of Slate or other of Iicial documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of Slate, otherwise, the application will he returned. hllp://ww",.sL rt,tary.state.nc.us/Corporations/CSoarcii.asi,x VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate properly rest riclioils and protective covenants are required to be recorded prior to the sale of any lot. It lot sires vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot sire, and the allowable built -upon area must be. provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can he downloaded from http://li2o.enr.state.nc.us/su/bmp torms.htm#deed restrictions. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this scv-lion if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that thev may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:lack D. Reel, P.E., LEEDO AP Consulting Firm: Thomas & Hinton Eneineerinf' Co. Mailing Address:219 Station Road, Suite 101 City: W it mini ton State:Norlh Carolina Zip:28405 Phone: (910 1 332-3360 Fax: (910 ) 332-3361 Emaii-rcel.ja thomas-hullon.com IX. PROPERTY OWNER AUTHORIZATION (if Con tact lafornmtion, item 2 has been lledouI, annldete this section) 1, (print or type name ofperson listed in Contract hrlbrnrntion, iterrr 2a) , certify that 1 own the properly identified in this permit application, and thus give permission to (print or type nnrne ofpersou listed io Contact bifmnation, iterrr 1a) with (print or type name of organization listed io Contract Inforoultion, iteru 1h) to develop the project as currently proposed. A copy of the lease agreement or pending properly sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version 07.1uly2009 I'age 5 of 6 As the legal property owner 1 acknowledge, understand, and agree by my signature bolow, that if my designated agent (entity lisled in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stonnwaler permit reverts back to me, the property owner. As tilt, property owner, it is my responsibility to notify DWQ immediately and submit it completed Name/Owncrship Change Form within 30 days; otherwise I will be operating it stormwaler treatment facility without it valid permit. 1 understand that the operation of it stormwaler treatment facility without it valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per dav, pursuant to NCGS 143-215.6. Date: it Notary Public for the Stale of , County of do hereby certify that before me this_ day of personally appeared and acknowledge the due execution of the application for a stormwaler permit. Witness my hand and official seal, SEAL My commission exp X. APPLICANT'S CERTIFICATION I, (print or type nmee ofperson listed in Contact 6if rnuntiou, item 2) William "Neal" Lezuts certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwaler rules under 15A NCAC 21-1.1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211. Date: 9. /. o ^ 1 ifla, County of NCL/ /tAr)VVt do hereby certify that WI/h /iM WAJ LLGa/:J personally appeared before me thisi—day of -6i0p L ,J09 and acknowledge the due cXiaeu lion of tile, it pill ica tion for it stormwaler permit. Witness my hand and official seal, SEAL My commission expires Form SWU-101 Version 07.Iuly2009 Page 6 (it 6 NEW HANOVER COUNTY OFFICE OF THE COUNTY MANAGER 230 GOVERNMENT CENTER I)R STE 195 WILMINGTON, NORTH CAROLINA 28403-1732 TELEPHONE (910) 798-7184 FAX (910) 798-7277 February 8, 2010 Ms.'Geotgette Scott, Stormwater Supervisor North Carolina Department of Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for a 30-Day Permit Extension for Smith Creek Park Dear Ms. Scott: BRUCE T. SHELL, CPA County Manager ANDRE' R. MALLETTE Assistant County Manager CHRIS COUDRIET Assistant County Manager New Hanover County is requesting a thirty (30) day pert -nit review extension for the proposed Smith Creek Park situated on the mitigation property off Harris Road. The reason for this extension is to finalize the deed restrictions with the United States Corps of Engineers as well as all permitting requirements associated with the declaration of jurisdictional waters that could affect the NCDENR Stormwater permit. The deed restrictions were originally imposed on the property in the form of a Non - Warranty Deed dated G June, 2002, when the property was transferred from the University of North Carolina at Wilmington to New Hanover County. A copy of the original deed restrictions is attached for your use. New Hanover County has been working with representatives from the USACOE to modify the deed restrictions via an addendum to the deed. These modifications are based on the actual park construction and intended use now that a design and adequate funding are in place. The original perpetual deed restrictions will remain in place with the addition of the collaborative effort between New Hanover County, USACOE and NCDENR as to the park design, untended uses and ongoing management. A major factor in this funding is a grant that New Hanover County Parks Department has received to complete construction of a park on this site. This grant was awarded by the Parks and Recreation Trust Fund through a competitive process and will provide an outstanding resource to the citizens of New Hanover County. The grant imposes additional restrictions and requirements on the property including substantial progress of the park to be completed within one year of awarding the grant (November 2010). The design we have brought forward takes into consideration the cumulative land disturbance activities on the site. The design disturbs the least amount of additional land while still providing a safe park environment. A tremendous amount of planning and effort went into satisfying the NCDENR mine reclamation, stormwater, USACOE regulations as well as minimizing further impacts to the property. A thirty -day extension will allow New Hanover County to finalize the deed restrictions and clarify the jurisdictional waters requirements with the USACOE. New Hanover County will then submit a revised plan or request an exemption from the buffer requirements if deemed necessary. If you have any questions regarding the foregoing information, please contact our office. Sincerely, -: 34�/ Bruce T. Shell County Manager c: Andre R. Mallettc, Assistant County Manager Chris Coudriet, Assistant County Manager/ Jim McDaniel, Parks and Gardens Diretor Jim Iannueei, PE, CFM, County Engineer File Via Hand Delivery THOMAS & HUTTON ENGINEERING CO. 219 STATION ROAD SUITE 101 WILMINGTON, NORTH CAROLINA 28405-3713 TELEPHONE (910) 332-3360 FAX (910) 332-3361 REr'.g 1�/1 �010 March 5, 2010 Ms. Aisha H. Lau North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for Additional Information Stormwater Project No. SW8 091003 Smith Creek Park New Hanover County J-20523.0004.303 Dear Ms. Lau: We are in receipt of your request for additional information dated December 7, 2009. On behalf of New Hanover County Parks Department, we offer the following in response to your comments: The end of Swale #3 has been labeled on the plans. The Swale terminates parallel with the water surface along the bank and is graded to create a zero slope "trough' in an effort to reduce velocities and promote diffuse flow as the "trough' fills up with water. This is in keeping with guidance provided by the regional office staff on past projects. Additionally, an energy dissipater will be provided at the pipe end (#2) based on the 25 year flow (see section 4.2 of the previously submitted stormwater report). The combination of the energy dissipater and the 100 linear feet of zero slope swalc should adequately reduce velocities below 2 feet per second. RECEIVED MAR 0 5 2010 BY: N:A20523.0004VDoc%VCorrespondenccANCDENR-Lau-L"r-rcSubmittal(SW) 3-5-I O.docx SAVANNAH, GEORGIA • CHARLESTON, SOUTH CAROLINA • MYRTLE BEACH, SOUTH CAROLINA • BRUNSWICK, GEORGIA Ms. Lau NCDENR March 5, 2010 Page 2 2. A copy of the USACOE jurisdictional determination letter and plat is enclosed as requested. A 30' buffer around the lake has been shown on the revised plans since the project has been determined to be a redevelopment project pursuant to the various emails and meetings with County Engineering regarding the history of the site. The trail has been revised on the southwest side of the lake from station 44+50 to 47+00 and station 52+50 to 53+50 to be outside of the 30' buffer. Based on the recent site meeting and email correspondence, the trail cannot be relocated outside the buffer on the northwest end of the lake from station 29+75 to 32+70 due to site constraints. Subsequently, on the County's behalf, we would like to request a variance for this portion of the trail. A detailed narrative is attached for justification of the variance. 3. The effect of the revisions to the trail location on the southwest side of the lake noted above are negligible and thus did not require any changes in BUA or previously submitted applications and calculations. We have included two sets of the revised plans sheets for your review along with the responses above. Please review this information along with the variance request and revised plans and, if everything is in order, we respectfully request NCDENR approval. Please feel free to contact me at (910) 332-3402 should you have any questions or comments. Thank you for your time and assistance with this project. Sincerely, THOMAS & HUTTON ENGINEERING CO. Brian Riley Project Manager JDR/kap Enclosures: As listed above cc: Sara Burroughs (Haden Stanziale, P.A.) Jim lannucci (New Hanover County Engineering) N:\20523.0004\Does\Correspondence\NCDENR-Lau-L'I'-rcSubmittal(SW) 3-5-I0.doex Johnson, Kelly From: Lau, Aisha Sent: Friday, February 26, 2010 10:29 AM To: Scott, Georgette Cc: Johnson, Kelly; Lewis,Linda Subject: RE: Stormwater Pond ? Thankfully my project is low density, and with the Corp's deed restrictions would never be able to go to high density, so they're not using the old pit for treatment. Also, I was able to talk to Robert a few minutes ago, and confirmed that we are able to do all variances for our non NSW (just a very small portion of the Neuse in Carteret County is NSW) projects here in the region. For the purposes of implementing the 2008 coastal rules, there is no Zone or Zone 2. All applicants requesting a variance simply provide the information requested for all variances, and we use our BPJ to make the call. From: Scott, Georgette Sent: Friday, February 26, 2010 10:13 AM To: Lau, Aisha Cc: Johnson, Kelly Subject: FW: Stormwater Pond ? Aisha, I am forwarding to you because the project below is similar to your project near Gordon Road. Thought you needed to see the discussion below about the conversion of borrow pits. Gcorgeuc Smli Slommaler 1'rotimim Supcnisor slate slornmaler 1'rolmaw NC Division orwater Qm ily 127 Cardinal Drive ENt. Wilwinlrion, NG 28405 Phone (910) 796-7335 I'as (910) (1.5(Q00 t @'wail vol I"pondeuee to and front Ihis addles ulay he sohjccl to the North Candina Public Re, oid_s Lnv:wd wary be dis, lw'cd to (hi, d patlies From: Patterson, Robert Sent: Friday, February 26, 2010 9:35 AM To: Lewis,Linda; Bennett, Bradley; Vinson, Scott; Scott, Georgette; Johnson, Kelly; Dumpor, Samir Subject: RE: Stormwater Pond ? That sounds fine. They could install gabions without much disturbance to create a forebay. From: Lewis,Linda Sent: Thursday, February 25, 2010 2:59 PM To: Patterson, Robert; Bennett, Bradley; Vinson, Scott; Scott, Georgette; Johnson, Kelly; Dumpor, Samir Subject: RE: Stormwater Pond ? I seem to remember something about the use of existing natural ponds as BMP's, and that we would not have them go in and disturb the pond to build a shelf if the pond was stable and vegetated. I'll make sure the water body they want to use is stable and if not, then I'll require the installation of a shelf and stabilization of the slopes. e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 16, 2010 Mr. Bruce T. Shell, County Manager New Hanover County — Office of the County Manager 230 Government Center Drive, Suite 195 Wilmington, NC 28403-1732 Subject: Request for a 30-Day Additional Information Request Extension Stormwater Project No. SW8 091003 New Hanover County Parks — Smith Creek New Hanover County Dear Mr. Shell: Dee Freeman Secretary The Wilmington Regional Office received your letter requesting a 30-day extension for providing required additional information via e-mail on Monday, February 8, 2010. My supervisor, Ms. Georgette Scott, recognizes that working through an acceptable deed restriction compromise can be a time consuming process, and is therefore granting your request. The information originally requested on December 7, 2009 should now be received in this Office prior to Monday, March 8, 2010, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. Please reference the State assigned project number on all correspondence. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7331 or email me at aisha.lau@ncdenr.gov. Sincerely, ��/4 Aisha Lau Environmental Engineer S:\WQS\STORMWATER\LETTERS\2010\091003 time extension.feb10 cc: via e-mail — Mr. Jim lannucci, PE, CFM, County Engineer via e-mail — Mr. Brian Riley — Thomas & Hutton Engineering Co. Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1-877-623-6748 NOrthCarottril Internet:w .nmaterquality.org aFury//I, An Equal Opportunity\ Affirmative Action Employer _ [[✓L/ Smith Creek Variance Narrative On behalf of New Hanover County, we would like to request a variance for the encroachment of a 10' paved multi -use pedestrian trail into the 30' Buffer around the existing Smith Creek Lake site. The site is a recently deactivated sand mining quarry and former borrow site for the construction of Interstate 40 dating back to the mid 1980's. New Hanover County purchased the property in 2002, prior to the buffer rules being in place, with the intent of completing the mining operations followed by preserving and protecting the site for use as a public park to the citizens of New Hanover County. The length of the encroachment for the requested variance is approximately 295 linear feet (from centerline station 29+75 to 32+70). The pedestrian pathway location is proposed in the already existing cleared and maintained quarry access road. We would like to maintain this proposed location for the following reasons: The proposed property is unique in that the pedestrian trail location will be placed on an existing soil road around the former mine. Both the road and a portion of the mine have been in existence since the mid 1980's. Placement of the trail on the existing soil road is in harmony with the intent of the requirements as the development of the park will improve and protect water quality on the site through stabilization of the existing soil road and other bare areas on the site. Furthermore, the existing road creates an opportunity to minimize land disturbance and protect the existing vegetation which is, not only in keeping with the state buffer rule requirements but also in keeping with the wishes of NCDLNR Land Quality and the Army Corps of Engineers. Placing the trail on the existing soil road will allow the County to accomplish these goals and provide a safer environment that is available to the public. This portion of the trail is actually located beyond the parcel limits owned by the County. Subsequently, the County purchased and secured a defined greemvay casement agreement for the future trail from the adjacent neighborhood development in 2006 that limits the trail location along the subject area. The trail is proposed as far away as possible from the lake in this location allowed by the casement and other site constraints that are discussed below. . The area to the immediate east of the proposed trail location is an existing rear yard swale for the adjacent development and is immediately bordered by the adjacent homes. Movement of the trail location to the east in order to get to the outer edges of the buffer would cause relocation of the existing swale closer to the existing homes and would also disturb what is currently a stable drainage conveyance. Additionally, the County would likely have to negotiate additional easement width for the trail. • The site's use as a quarry since the mid 1980's, the location of the existing quarry road, the adjacent residential development and greemvay easement acquisition all occurred prior to the establishment of the Coastal Stormwater Buffer rules which was adopted in October of 2008. MAR 0 5 2010 Johnson, Kelly From: Lau, Aisha Sent: Monday, June 14, 2010 10:40 AM To: Riley, Brian Cc: Johnson, Kelly Subject: RE: Smith Creek - SW8091003 Howdy Brian, Sorry I didn't get back to you sooner, but I was out of the office from Wednesday afternoon on last week. A quick review of the Smith Creek permit showed that there are still 449,456 square feet of future BUA allocated in the permit, so using 4,909 square feet for the emergency boat ramp doesn't use up this allocation. Since the amount of BUA has already been accounted for in the permit you will only need to submit 2 sets of revised, stamped, signed, and sealed plans along with your project narrative at this time. After those plans are approved a cover letter detailing how much future BUA is left will be returned along with the approved plans. FYI - If at any time in the future the amount of future BUA is exceeded, that would require a permit modification and fee. I have also CC:d my team lead so that she has a heads up that this project will likely be showing up in the very near future since I won't be here after July 8, 2010 due to my position being eliminated due to a reduction in force action. Take care, Aisha From: Riley, Brian[mailto:riley.b@thomasandhutton.com] Sent: Wednesday, June 09, 2010 9:55 AM To: Lau, Aisha Subject: Smith Creek - SW8091003 Hey Aisha, The referenced project has been modified slightly to include an emergency boat ramp to the lake in the unfortunate case of their needing to be a rescue effort. The overall drainage concept did not change. Calculations have been modified to match the revision. I've attached a pdf of the overall site plan and updated project narrative. We would like your direction on whether this needs to be submitted as a permit modification with new application, fee, etc or will it treated as,a revision. Thanks in advance for your time and help. Brian Riley Project Manager Thomas & Hutton vvvv v.ihomasondhutton.com rilev.b@thomasandhution.com (P) 910-332-3402 (F) 910-332-3361 "Relationships and Solutions for Success" PRIVILEGED AND CONFIDENTIAL. This electronic message and any attachments are confidential property of Thomas & Hutton The information is intended only for the use of the person to whom it is addressed Any other interception. copying. accessing, or disclosure of this message is prohibited If you have received this message in error, please immediately notify Thomas & Hinton and purge the message received. Do not Porward this rnessage without permission North Carolina Beverly Eaves Perdue Governor December 7. 2009 r NCDENR Department of Environment and Division of Water Quality Coleen K Sullins Director Mr. William Lewis, CPRP, Director New Hanover County Parks Department 230 Government Center Drive, Suite 120 Wilmington, NC. 28403 Subject: Request for Additional Information Stormwater Project No. SW8 091003 New Hanover County Parks — Smith Creek New Hanover County Dear Mr. Lewis: Natural Resources Dee Freeman Secretary The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for New Hanover County Parks — Smith Creek on October 2, 2009. A.preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please clearly show where Swale #3 ends on the plans. Since the calculated velocity at the end of the swale exceeds 2 fps a diffuse flow condition needs to be shown in order to prevent erosion on the steep slope -that it is draining to. 2. Please provide a copy of the approved USACE jurisdictional delineation. If the delineation shows that the lake is jurisdictional waters then a 50'foot vegetative buffer will need to be shown from the normal pool elevation of the lake. If the 50 foot buffer is required then all BUA currently shown within the buffer would need to be modified accordingly. 3. Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms and make changes as needed. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to Thursday, January 7, 2010, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. !Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 lone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 imet:w .ncvvaterquality.org \tat Opportunity 1 Affirmative Action Employer None rthCarolina Naturally The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7331 or email me at aisha.lau@ncdenr.gov. Sincerely, A-611 Aisha H. Lau Environmental Engineer GDS/ahl: S:\WQS\STORMWATER\ADDINFO\2009\091003.dec09 cc: via e-mail — Mr. Jack D. Reel, P.E. Wilmington Regional Office Stormwater File Page 2 of 2 Date: fr Project Location: OR,Lmmo_4cY_l I Add info reouired (vesk)-oA. Date received V Symbols for completing form: ' ✓'= Yes/OK ' x'= No/Deficient 'n/a' or T or'/' Rule(s) Subject (check all that applly ❑ 1995 Coastal Cir 2008 Coastal (wow ❑ Phase II ❑ Universal Paperwork: Pyor) U'�Check for $505 (must be no older than 6 months) CKApplication form with correct/original signatures (original plus 1 copy). If Corporation or LLC also: o Print the info from the NCSOS o Either, 1.) The applicant is listed on the NCSOS with his/her correct title or, 2.) A notarized letter of authorization has been provided: L ll ySupplements (1 original per BMP). BMP type(s): lk n 50t 4 r,ANO , a"X)P.T` �&M with correct/original signatures (1 original per BMP, except le& spreaders/filter strips alld swales) M LD eo restrictions (if outparcel or subdividing) (original plus 1 copy) b�VPIO�'+nt o Deed restriction template (signed and notarized) or o Proposed Declaration of Covenants and Restrictions (signed and notarized) ,OoSo report identifying the SHWT p upporting calculations, signed & sealed (if necessary) 29 Receiving stream classification: C 0�3 If SA or ORW also: o SA: USGS topo map with t site, the receiving waters and the %: mile radius shown to scale. Mo ORW: 575 ft of MHWL for Area of Environmental Concern and max BUA per rule. odifications: 1.) If built: Designer's Cert., 2.) If partially built: Partial Cert., 3.) If not built: No Cert. needed. Development Type (check all that apply): ❑ Residential or 13Kommercial ❑ De restrictions match? ❑ Subdivision or O'§ingle Lot ❑ eed restrictions match? ❑ High Density or ltow Density Deed restrictions match? 4R ❑ Offsite project ❑ Redevelopment ❑ Modification ❑ Exempt NlA ❑ NCG02 (bulkhead) ❑ NCG03 (clear/grade) ❑ NCG04 (linear) Density: ❑iSUA calculations include common areas, clubhouse, sidewalks, etc. CL BUA W c)AA Matches high/low density requirement for rule and receiving stream class. Ci No obvious math errors If High Density: Design storm correct for rule and receiving stream class. ans, si ried and sealed (2 sets): �wo sets received ❑ Layout (with proposed BUA dimensions) �r C9ading Drainage area map (all HD systems & curb outlet swales) O<Vicinity map project Boundaries 2-1Cegend Ctl/Wetlands: ,w� Delineated on plans o "No wetlands onsite" on plans ❑ Details: o Roads o Cul-de-sacs o Curbing o Sidewalk o BMPs/ Level spreaders/ Filter strips/ Curb outlet swales o Buildings (Apts or Condos) Offsite Projects: ❑ De ner's Certification has been submitted for the Offsite BMP receiving the runoff from the project. C43,Aleed restrictions have been recorded and a copy submitted for the Offsite BMP permit.. Lot size has not changed from what was approved under the Master Plan. ❑ Correct lot number is referenced on the supplement form. ❑ Offsite system is in compliance with its permit, if known. Infiltrali6h Projects: C] Soils report: SHWT, soil type, and expected infiltration rate are provided. ❑ DWQ has conducted a site visit? Date: Wet Po s: Permanent Pool Meets One of the Following: Is located no lower than 6" below the estimated SHWT. ❑ Incoming.groundwater is quantified and evaluated, AND Storage volume verified, AND Outlet evaluated for free drainage to the receiving waters under SHWT conditions. Decision eck one): Complete: Return file to admin (Jo Casmer) to log in. (Stamped in received date = BIMS date) ❑ Slightly incomplete: E-mail consultant, request information to be returned within one business day (24 hours after request. Info requests on Friday, allow a return on the following business day). If info not returned, issue an application return letter and give everything to admin. (Add info received date = BIMS date) 0 Substantially incomplete: Issue an application return letter and give everything to admin. 1 f i Via Hand Delivery THOMAS & HUTTON ENGINEERING CO. 219 STATION ROAD SUITE 101 WILMINGTON, NORTH CAROLINA 28405-3713 TELEPHONE (910) 332-3360 F, FAX (910) 332-3361 REID G V V I Z Z009 1:41 October I, 2009 Ms. Jo Casmer North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Stormwater Permit Application Smith Creek Park New Hanover County J-20523.0004.303 Dear Ms. Casmer. On behalf of New Hanover County Parks Department, we are pleased to submit the Stormwater Management Permit Application for the above referenced project. The following items are included for your review: • Permit application processing fee of $505.00, Check No. 21 147; • Original and one (1) copy of the completed Stormwater Management Application Form; • One (1) original of the Low Density SW401 Supplement Form; • One (1) copy of the USACOE Jurisdictional Determination Request; • One (1) copy of Stormwater and Erosion Control Design Considerations including Project Narrative and Vicinity Map; • Two (2) copies of the Stormwater and Erosion Control Specifications; • One (1) copy of Deed; and • Two (2) copies of Site Development Plans. _ OCR 0 2 2009 MM N:\20523.0004\Does\Correspondence\NCDEN R-Casmer-L'r-Subini ttal(SW) 10-1-09.docx SAVANNAH, GEORGIA • CHARLESTON, SOUTH CAROLINA • MYRTLE BEACH, SOUTH CAROLINA • BRUNSWICK, GEORGIA Ms. Jo Casmer NCDENR October 1, 2009 Page 2 Please review the application, and if everything is in order, we respectfully request NCDENR approval. Please feel free to contact me at (910) 332-3360 should you have any questions or comments. Thank you for your time and assistance with this project. Sincerely, THOMAS & MUTTON ENGINEERING CO. 9JD. ReclP.E.LEEDOAP ington Branch Manager JDR/kap Enclosures: As listed above cc: Sara Burroughs (Haden Stanriale, P.A.) N:\20523.0004\Dots\Correspondence\NC DEN R-Casmer-Ur-Submittal(SW) 10-1-09.doex * S&ME Corps Submittal Cover Sheet Celebrating 35 Years Please provide the following info: 1973 . 2008 Project Name: Smith Creek Park New Hanover County — Neal Lewis 2. Name of Property owner/Applicant: 230 Government Center Drive, Suite 120 Wilmington, NC 28403 910-798-7620 Paul Masten — S&ME, Inc. 3. Name of Consultant/Agent: 6409 Amsterdam Way, Building B-3 Wilmington, NC 28405 910-799-9945 "Agent Authorization needs to be attached 4. Related/Previous Action ID Number(s): SAW-1996-2823 5. Site Address: Harris Road (PEE) R03500-006-004-000) 6. Subdivision Name: N/A 7. City: Wilmington 8. County: New Hanover 9. Lat: 34.2851 IN Long: 77.8572 ° W (Decimal Degrees Please) 10. Quadrangle Name: Scotts Hill 11. Waterway: Smith Creek 12. Watershed: NE Cape Fear River — 03030007 13. Total site acreage: Approx. 92 acres 14. Total wetland/waters area: Approx. 10-15 wetland, approx 60 open water Market Street north, right on Gordon Road, right on Harris Road, 15. Directions to site: entrance to site is approx 0.5 mile on left with chain link fence labeled Ogden Sand Mine 15. Requested Action: Nationwide Permit # General Permit # X Jurisdictional Determination Request Pre -Application Request OCZ 0 2 2009 SWE, INC. / 6409 Amsterdam Way, Building 83 / Wilmington, NC 28405 / p 910.799,9945 7910.799.9958 / w .smeinc.com 11-08;11:67PN; ;8107987821 S AGENT AUTHODUZATION FORM Data: February 6, 2009 Project Information S&MB Project Name: Six New Hanover County Park Sites Type of Project: Wetlands and Waters of the U.S. Delineation Location: New Hanover County, North Carolina Property Owner/Representative Information Business Name: Now Hanover County Mailing Address: 230 66J6—OM&Jr City, State, Zip Code: IiJ 1 Uvt ,, I k d>J U L Telephone No. q -79 8 . —76Zo Contact: Neal Lewis Agent Information Street Address: 6409 Amsterdam City, State, Zip Code: Wilmington, NC: Telephone No. 9I0-799A945 Contact: Mr. Paul Masten Authorization: I 1 J on behalf of (Contact ) ,�Ctv �IjgooVm hereby authorize (Name of Landowner or Represent S&ME to act as agent with the USCAE and NCDENR in connection with the above -mentioned project. SCALE: NOT TO SCALE CHECKED BY: PAM BY: JNS Note: Site sketch obtained from MapQuest® SITE VICINITY SKETCH FIGURE SMITH CREEK PARK NUMBER WILMINGTON, NORTH CAROLINA 1 DATE: 3-31-08 S&ME PROJECT NUMBER: d 01-9 Sewer Line Easembn't 14 X!.- N k 41 1. 7 rl + To, BI-41 Approximate Locafidfi-',, of b Su ject ite: 41 iw- 4 4 T. t . ... .. 1,4 03 i 1• F� � � \I n I'',, Jix+i Note: Site plan obtained from topozone.com SCALE: NOT TO SCALE USGS TOPOGRAPHICAL MAP (1:50,000 SCALE) FIGURE CHECKED BY: PAM SMITH CREEK PARK NUMBER DRAWN BY: JNS E WILMINGTON, NORTH CAROLINA 4 DATE: 3-31-08 S&ME PROJECT NUMBER: 1068-08-321S DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Smith Creek Park Date: 3/27/08 Applicant / Owner:_ New Hanover County County: New Hanover Investigator: S&ME-Paul Masten State: NC Do normal circumstances exist on the site? Yes t__�No Community ID:19 Is the site significantly disturbed (Atypical situation)? Yes_ No Transect ID: Is the area a potential problem area? Yes_ No Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator I. Acrr rvbrir� r.44ty- 2. n .a�{n�4 •SL.y r4c41 3. 4. Q%. c r;da ort R Dominant Plant Species Stratum Indicator 11 Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). IcU"�a HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: Other _ Inundated _Saturated in Upper 12" _ No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: A11— (in.) Secondary Indicators: /+ Depth to Free Water in Pit: (in.) ✓Oxidized Roots Channels in Upper 12" Water -Stained Leaves Depth to Saturated Soil: w 9 (in.) Local Soil Survey Data _yFAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): A%J(O i1e., S��d� S%•cr:•,i Drainage Class: YfrS '?a • /� H d Taxonomy (Subgroup): 74� Confirm Mapped Type? Yes_ No ✓ Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon I Munsell Moist (Munsell Moist) Abundance/Contrast Structure, etc. i2 &o`/o �t•-�.in..�yJO:ti4n.CS Hydric Soil Indicators: Histosol tic Epipedon Concretions !/High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _Organic Streaking in Sandy Soils _ Aquic Moisture Regime _Listed On Local Hydric Soils List _ Reducing Conditions _Listed on National Hydric Soils List �iGleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: 6 WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes L_�No _ Wetland Hydrology Present? Yes ✓ No _ Hydric Soils Present? Yes ✓ No Remarks: Is the Sampling Point Within a Wetland? Yes ✓ Io DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Smith Creek Park Date: 3/27/08 Applicant / Owner: New Hanover County County: New Hanover Investigator: S&ME — Paul Masten State: NC Do normal circumstances exist on the site? Yes No Community ID: LP Is the site significantly disturbed (Atypical situation)? Yes_ No ✓ Transect ID: Is the area a potential problem area? Yes_ No Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species 1.LX rr[ca %ecv, 3 2._ rra cm ew V •n Vf 3. 4.•. Stratum Indicator 1, so,5 sue' F4C, Dominant Plant Species Stratum Indicator Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). Remarks: 0 Div -a HYDROLOGY Recorded Data (Describe In Remarks): Stream, Lake, or Tide Gauge _ Aerial Photographs Other — No Recorded Data Available Field Observations: Depth of Surface Water: 1V OP-C (in.) Depth to Free Water in Pit: >/ 6 (in.) Depth to Saturated Soil: �'/ ib (in.) Remarks: Wz.l1,4 L7ary i0 J) n_ r TkYsro f- Wetland Hydrology Indicators Primary Indicators: _ Inundated _Saturated in Upper 12" Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Roots Channels in Upper 12" Water -Stained Leaves _ Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) SOILS Map Unit Name / �vr ¢/err. ,� �t "�+ (Series and Phase): e c 0;4fou4 Drainage Class: Taxonomy (Subgroup): Sg aT (� �{z.�sF �1 = Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon Munsell Moist (Munsell Moist) Abunclance[Contrast Structure. etc. 0-9 _ 4 iot�! s� 13 jortil u''I so Hydric Soil Indicators: Histosol _ Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _Organic Streaking in Sandy Soils Aquic Moisture Regime _Listed On Local Hydric Soils List Reducing Conditions _Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Nyjr•G Sv S j,• pr�Sa t WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes _ No Is the Sampling Point Wetland Hydrology Present? Yes _ No ✓ Within a Wetland? Yes_ No �i' Hydric Solis Present? Yes _ No DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Smith Creek Park Date: 3/27/08 County: New Hanover Applicant / Owner: New Hanover County Investigator: S&ME— Paul Masten State: NC Do normal circumstances exist on the site? Yes L--' No Community ID: oet(s' C Is the site significantly disturbed (Atypical situation)? Yes_ No Transect ID: Is the area a potential problem area? Yes_ No Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dc s_%p/'.r_ Acid 1a 3. 11 Stratum Indicator 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). Remarks: HYDROLOGY _ Recorded Data (Describe In Remarks): _ Stream, Lake, or Tide Gauge _ Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water:°'` (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: $ (in.) Remarks: Wetland Hydrology Indicators Primary Indicators: _ Inundated aturated in Upper 12" _ Water Marks Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: Oxidized Roots Channels In Upper 12" _ Water -Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (Explain in Remarks) SOILS Map Unit Name (Series and Phase):���rV,�IP. 5' s;tceY-i_ J +•Mc_ Drainage Class: Ve!) RLr Taxonomy (Subgroup): TamaP Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, Inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. l7 Jr, 7.5rR Z 511 Hydric Soil Indicators: ✓Histosol Concretions _ Histic Epipedon High Organic Content In Surface Layer in Sandy Soils _ Sulfidic Odor _Organic Streaking in Sandy Soils _ Aquic Moisture Regime _Listed On Local Hydric Soils List _ Reducing Conditions _Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors —Other (Explain in Remarks) Remarks: L 1 WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes O Wetland Hydrology Present? Yes _ No Hydric Soils Present? Yes _ No Remarks: Is the Sampling Point Within a Wetland? Yes `__No DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Smith Creek Park Date: 3/27/08 County: New Hanover Applicant / Owner: New Hanover County Investigator: S&ME—Paul Masten State: NC Do normal circumstances exist on the site? Yes L--- Now, Community ID: VP Is the site significantly disturbed (Atypical situation)? Yes_ No Is the area a potential problem area? Yes_ No a/ (explain on reverse if needed) Transect ID: —�— Plot ID: VEGETATION Dominant Plant Species Stratum Indicator 3. A Dominant Plant Species Stratum Indicator Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). ruo "/o Remarks: HYDROLOGY _ Recorded Data (Describe In Remarks): _ Stream, Lake, or Tide Gauge _ Aerial Photographs Other No Recorded Data Available Field Observations: Wetland Hydrology Indicators Primary Indicators: Inundated _Saturated in Upper 12" _ Water Marks _ Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: (in.) Water -Stained Leaves L0 1 Soil Survey Data Depth to Saturated Soil: (in.) vFAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name su-.1 1 (Series and Phase):- 1� 5; �:ceoA� '/h�rM c Drainage Class: -<lye" 7 44.;, Taxonomy (Subgroup): /� fgp o i �4,. ds Confirm Mapped Type? Yes_ No ✓ Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (Inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc. 0-3 _� it7iP 5 1Z �'. ra � loY4f 3 Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _Organic Streaking in Sandy Soils Aquic Moisture Regime _Listed On Local Hydric Soils List _ Reducing Conditions _Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: C l^ /l 1 t; our�j r".c%A 01sel rvt` ;n �'�J/ `v- lF+,( .. 8l`clr.Z .in, �S n�} OrrJra�- p WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes _✓No Is the Sampling Point Wetland Hydrology Present? Yes _ No Within a Wetland? Yes_ No Hydric Soils Present? Yes No New Hanover County Contract #02-0336 This instrument drafted by: Kemp P. Burpeau, Deputy County Attorney, Office of the County Attorney, 320 Chestnut St., Ste, 309, Wilmington, N.C. 28401 NORTH CAROLINA NEW HANOVER COUNTY NON -WARRANTY DEED Tax Parcel No. 3500-006-004-000 THIS DEED, entered into this g day of 2002, between STATE OF NORTH CAROLINA. a body politic and corporate ("Grantor") and NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, ("Grantee") of 320 Chestnut Street, Wilmington, NC 28401. WITNESETH: WHEREAS, the University of North Carolina at Wilmington has authorized and approved the execution of this instrument for the purposes herein expressed; and WHEREAS, the execution of this instrument for and on behalf of the State of North Carolina has been duly approved by the Council of State by resolution adopted at a meeting held in the City of Raleigh, North Carolina, on the � day of 2002. Said Grantor, in consideration of One Dollar ($1.00), the receipt of which is hereby acknowledged, has bargained, conveyed, granted, remised, released, and quitclaimed and by these presents does bargain, convey, grant, remise, release, and forever quitclaim unto said Grantee and its successors and assigns, all the right, claim ya.o 1: g' 0 OCT 0 2 2009 t IM FOR REGISTRATION REGISTER OF DEEDS 1E8ECCA T CHRISTIAN NEW COUNTY, 2002 JULVER 12 09 51:24NAM BK:3358 P0:546-553 FEE:$31.00 INSTRUMENT # 2002034908 New Hanover County Contract #02-0336 title and interest, of, in, and to a certain tract or parcel of land lying and being in New Hanover County, North Carolina, and more particularly described as follows: BEGINNING at a new iron pipe, said new iron pipe being located North 48 deg. 12 min. 57 sec. East 277.03 feet from an existing concrete monument located at the intersection of the centerlines of SR 2118 (Governor's Road) and SR 2117 (Harris Road); thence a line between International Paper Company and Parkwood Estates North 73 deg. 47 min. 00 sec. West 35.42 feet to an existing iron pipe; thence continuing with the line of Parkwood Estates North 73 Deg. 47 min. 00 sec. West 1245.31 feet to an existing iron pipe; thence a line between International Paper Company and Raiford G. Trask North 73 deg. 47 min. 52 sec. West 3519.23 feet to an existing iron pipe on the bank of Smith Creek; thence continuing North 73 deg. 47 min. 52 sec. West 16.64 feet to the centerline of said creek; thence with the meanders of Smith Creek between International Paper Company and Mittie Reaves Todd North 36 deg. 49 min. 06 sec. East 131.70 feet, North 22 deg. 01 min. 06 sec. East 79.91 feet, North 36 deg. 31 min. 42 sec. East 100.64 feet, North 46 deg. 45 min. 42 sec. East 199.86 feet, North 24 deg. 06 min. 27 sec. East 295.48 feet, North 11 deg. 45 min. 24 sec. West 74.72 feet, North 26 deg. 50 min. 45 sec. East 168.51 feet, North 46 deg. 41 min. 12 sec. East 105.38 feet, North 63 deg. 28 min. 00 sec. East 88.96 feet, North 32 deg. 16 min. 36 sec. East 250.84 feet; thence leaving Smith Creek a new line of Intemational Paper Company South 45 deg. 03 min. 00 sec. East 14.42 feet to a new iron rod on the bank of said creek; thence continuing South 45 deg. 03 min. 00 sec. East 628.03 feet to a new iron rod; thence a new line of International Paper Company South 87 deg. 04 min. 49 sec. East 1566.92 feet to a new iron road; thence a new line of International Paper Company south 73 deg. 47 min. 52 sec. East 450.00 feet to a new iron rod; thence a new line of International Paper Company South 17 deg. 26 min. 34 sec. East 1369.57 feet to a concrete right of way monument; thence a new line of International Paper Company south 73 deg. 47 min. 00 sec. East 730.00 feet to a concrete right of way monument; thence South 48 deg. 15 min. 00 sec. West 2 New Hanover County Contract #02-0336 70.78 feet to an existing iron pipe; thence North 73 deg. 47 min. 00 sec. West 20.52 feet to the point and place of BEGINNING, containing 92.216 acres, more or less and being that same property conveyed to the Department of Transportation from International Paper Company by Consent Judgment dated 12-5-83 as recorded in Deed Book 1239 at page 1868 of the New Hanover County Registry. This land is conveyed subject to the following perpetual restrictions to the use thereof, running in the said land by whomever owned. Said restrictions are expressly assented to by the Grantee in accepting this Deed. These restrictions are intended to ensure continued compliance with the mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, and therefore may be enforced by the United States of America. The following activities are permanently prohibited on the property, unless otherwise expressly noted: 1. Any change, disturbance, alteration or impairment of the natural features of the property other than grading, excavation, mining and wetland enhancement undertaken pursuant to a Corps of Engineers and N.C. Division of Land Quality Excavation and Relocation Plan or other acceptable authorization. Any mining conducted on site shall conclude within twenty-four (24) months of the commencement date; 2. Construction or placement of any building, mobile home, road, trail, path, asphalt or concrete pavement, antenna, utility pole, or any other 3 New Hanover County Contract #02-0336 temporary or permanent structure or facility on the property, except the following permitted structures and uses: a. Perimeter fencing; b. A restroom facility with a footprint not exceeding 28 feet by 28 feet; —7<�Zq C. A picnic shelter with a footprint not exceeding 28 feet by 48 / feet; 'Z' q&/ d. A paved access road approximately 1,100 feet by 28 feet �3',q from Harris Road to the proposed parking lot; V0us e. A 5 foot wide concrete sidewalk connecting the referenced restroom and picnic shelter; f. Bike paths and walking trails not exceeding 8 feet in width that are not paved or otherwise made impervious; g. Utilities reasonably necessary for use of the above enumerated facilities and uses. h. Bridges, docks and elevated walkways over water constructed pursuant to COE permits where necessary. 3. Agricultural, grazing, or horticultural use of the property, or any introduction of non-native plants and/or animal species. Planting of species indigenous to the area is permitted; 4 New Hanover County Contract #02-0336 4. Destruction, cutting, mowing or harming of any vegetation on the property, except routine maintenance customary for a park facility within those areas where development is permitted hereunder, or as necessary for public safety; 5. Display of billboards, signs or advertisements, except the posting of no trespassing signs, signs identifying the conservation values of the Property or designating the Property, and signage setting forth County park rules and regulations; 6. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks on the property; 7. Filling, excavation, dredging, mining or drilling, diking, removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and any change in the topography of the land, except as specifically authorized in Section 1; 8. Pollution, alteration, depletion or extraction of surface, natural water courses, or subsurface water except as specifically authorized in Section 1. Any activity detrimental to water purity or that would alter natural water levels, drainage, sedimentation 5 New Hanover County Contract #02-0336 and/or flow over the Property, or cause soil degradation or erosion, except as specifically authorized in Section 1; 9. Operation of motorcycles, dirt -bikes, all -terrain vehicles, and any other types of mechanized vehicles, except on the access road and parking area; 10. Operation of gasoline powered watercraft. TO HAVE AND TO HOLD the above described real estate and all privileges and appurtenances thereunto belonging, to the said party of the second part, its successors and assigns free and discharged from all right, title, claim, or interest of the said Grantor or anyone claiming by, through, or under him. IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this instrument to be executed in its name by MICHAEL F. EASLEY, Governor, attested by ELAINE F. MARSHALL, Secretary of State, and the Great Seal of the State of North Carolina to be hereto affixed by virtue of the power and authority aforesaid. STATE OF NORTH CAROLINA (SEAL) New Hanover County Contract #02-0336 ATTEST: By: 24(A,ac jk&k.c-/ Secretary of State Approved as to form: Roy Cooper Attorney General By: jv" L.• INLX Assistant Attorney General NORTH CAROLINA COUNTY OF - I, `' WNI L. h` 0(1 , a Notary Publico of the State and County aforesaid, certify t t ELAINE F. MARSHALL, Secretary of State of North Carolina, personally came before me this day and acknowledged that she is Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by MICHAEL F. EASLEY, Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and attested by herself as Secretary of State of North Carolina. IVITNESS�H EREOF, I have hereunto set my hand and Notarial Seal, this the_ day off . 2002. My commission expires: �Py L L. 4f U� �pTAq NA�/al\G u. UrrTy t. i REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER Filed For Registration: Book: Document No.: Recorder: JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 07/12/2002 09:51:24 AM RE 3358 Page: 546-553 2002034908 DEED 8 PGS $32.00 KAREN D GALLOWAY State of North Carolina, County of New Hanover The foregoing certificate of CHERYL L MYERS Notary Is certified to be correct. This 12TH of July 2002 REBECCA T. CHRISTIAN , GISTER OF DEEDS By: DeputyNttIsat Regis sr of Deeds *2002034908*