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Home My WebLink About20000956 Ver 2_401 Application_20140211Southern E-nvironmental Cjroup, Inc. 5315 South Collcge Road,juite F, • Wilmington, North Carolina 28+12 9 10.452.271 I • Fax: $10.452.2899 • office@segi.us - www.segi.us 7 February 2014 Hand Delivery Ms. Emily Hughes US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Mr. Chad Coburn Division of Water Quality 401 Unit WiRO 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Pre - Construction Notification for After the Fact Permit NWP 18 1913 Masons Bluff Subdivision New Hanover County, North Carolina USACE ID 20001616 / DWR # 00 -0956 Dear Emily and Chad, p0-DC5SL.0 V I- [SEGi Project #: 14- 008.011 �r Southern Environmental Group, Inc. (SEGi) has been retained by Rugae, LLC (herein referred to as "Applicant ") to submit the attached Pre - Construction Notification (PCN), in order to obtain the US Department of the Army's approval to utilize Nationwide Permit (NWP) 18 and NC Division of Water Resources General Certification 3886, for after the fact impacts to wetlands, which took place at 1913 Masons Bluff Ct., in New Hanover County, North Carolina. The Applicant was not aware that the fill had taken place until SEGi notified him, which was after he had purchased the property. SEGi estimates the unauthorized fill took place between 2000 and 2004. Once the Applicant became aware of the matter, he contacted the USACE to solicit guidance on how to resolve the issue. SEGi understands, from speaking with the Applicant, that the USACE instructed the Applicant to submit a Pre - Construction Notification for an after the fact NWP. The site is part of Masons Bluff Subdivision, which received USACE and DWR authorization to impact 0.03 acre of wetlands, for the purpose of facilitating a road crossing. The unauthorized fill on the Applicant's property is estimated to be 0.04 acre. The area of impact is limited to that area that was filled without authorization. Cumulatively, 0.07 acre of wetlands has been impacted. Due to the unusual circumstances, the Applicant is not proposing to mitigate for the unauthorized impact. It is my sincere hope that the information found within and attached to this correspondence will allow the USACE and DWQ to process the approval request and the authorizations will be issued. However, if you find you need additional information, please do not hesitate to contact me at 910.452, - or.. email me at dlutheran(a,segi.us. D {ill �.,_� Lci � � D FEB W J � GVA Lmw�i �17-Y Southern Environmental Group, Inc. (SEGi) has been retained by Rugae, LLC (herein referred to as "Applicant ") to submit the attached Pre - Construction Notification (PCN), in order to obtain the US Department of the Army's approval to utilize Nationwide Permit (NWP) 18 and NC Division of Water Resources General Certification 3886, for after the fact impacts to wetlands, which took place at 1913 Masons Bluff Ct., in New Hanover County, North Carolina. The Applicant was not aware that the fill had taken place until SEGi notified him, which was after he had purchased the property. SEGi estimates the unauthorized fill took place between 2000 and 2004. Once the Applicant became aware of the matter, he contacted the USACE to solicit guidance on how to resolve the issue. SEGi understands, from speaking with the Applicant, that the USACE instructed the Applicant to submit a Pre - Construction Notification for an after the fact NWP. The site is part of Masons Bluff Subdivision, which received USACE and DWR authorization to impact 0.03 acre of wetlands, for the purpose of facilitating a road crossing. The unauthorized fill on the Applicant's property is estimated to be 0.04 acre. The area of impact is limited to that area that was filled without authorization. Cumulatively, 0.07 acre of wetlands has been impacted. Due to the unusual circumstances, the Applicant is not proposing to mitigate for the unauthorized impact. It is my sincere hope that the information found within and attached to this correspondence will allow the USACE and DWQ to process the approval request and the authorizations will be issued. However, if you find you need additional information, please do not hesitate to contact me at 910.452, - or.. email me at dlutheran(a,segi.us. D {ill �.,_� Lci � � D FEB W J � GVA Lmw�i �17-Y As always, thank you both, for your time and assistance with this project We look forward to hearing from you Sincerely, Dana A Lutheran Project Manager Enclosures Attachment 1 — Pre - Construction Notification and Accompanying Attachments Cc Ms Laurie Dennison — NC DWQ 401 Oversight Raleigh (4 copies with filing fee) o�oF W ATFROG h � M , Office Use Only: 68FH§ 900819 I® R®: DWQ project no. Fnrm Vorcinn 1 3 nl r- in ?nnR Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: 1913 Mason's Bluff Court (See Appendix A) 2b. County: New Hanover 2c. Nearest municipality / town: Ogden 2d. Subdivision name: Mason's Bluff 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Rugae LLC (See Appendix B) 3b. Deed Book and Page No. 4869/813 3c. Responsible Party (for LLC if applicable): Warren Phillips 3d. Street address: 24 Pelican Drive 3e. City, state, zip: Wrightsville Beach, NC 28480 3f. Telephone no.: 910.264.9714 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5. Agent/Consultant Information (if applicable) 5a Name Dana Lutheran (see Appendix C) 5b Business name (if applicable) Southern Environmental Group, Inc (SEGi) 5c Street address 5315 South College Road Suite E 5d City, state, zip Wilmington, NC 28412 5e Telephone no 910 452 2711 5f Fax no 910 452 2899 5g Email address dlutheran@segi us Page 2 of 11 PCN Form — Version 1 3 December 10, 2008 Version B. Protect Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) R05200- 002 - 018 -000 (see Appendix A) 1 b Site coordinates (in decimal degrees) Latitude 34 2519 Longitude - 77 7851 (DD DDDDDD) ( -DD DDDDDD) 1c Property size 0 589 acres 2 Surface Waters 2a Name of nearest body of water (stream, river, etc ) to AICWW proposed project 2b Water Quality Classification of nearest receiving water SA,ORW 2c River basin White Oak River (03030001) 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The site is located within a residential subdiwson and, at the time of this application, vegetated with grass The surrounding land use is a predominantly residential (see Appendix D) 3b List the total estimated acreage of all existing wetlands on the property 2000 square feet (0 046 acre) 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property NA 3d Explain the purpose of the proposed project M The purpose of this project is to construct a single family dwelling and driveway on the subject property 3e Describe the overall project in detail, including the type of equipment to be used Heavy machinary such as a track hoe, front end loader and dump trucks will be used to fill the area and construct the drive way and buildig pad 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes [:1 No El Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination, what type ❑ preliminary ® Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Land Management Group Name (if known) Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation A JD was issued for this project in 2000 (See Appendix E) While the JD has since expired, it was determined that the impact took place soon after the JD was issued and, therefore, a new JD is not being sought with this permit 5. Project History 5a Have permits or certifications been requested or obtained for ® Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions In 2000, the USACE issued General Permit 198000291 and concurrently, the DWQ issued GP 3274, which authorized the fill of 0 03 acre to faciliate a road crossing and a 10 slip boat dock The Action ID associated with this project is 2000- 1616 (See Appendix F) I.1C-1>W12 V-D -*- Qp: Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 11 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of Jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ® P [:IT Lot fill Estuarine Woody ® Yes ® Corps 0 023 Wetland ❑ No ® DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0 023 2h Comments See Appendix G for detials of the fill area 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of Jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 31 Comments Page 5 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4 Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ®P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts NA 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded Pi NA P2 5f. Total NA 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a ❑ Neuse El Tar-Pamlico ❑Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑ P ❑ T NA ❑ Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts NA 61 Comments Page 6 of 11 PCN Form — Version 1 3 December 10, 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The feature extends into the property in such a way that prohibits avoidance The impact has been limited to greatest extent practicable 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Sediment and erosion control measures will be in place to ensure that additional impacts do not take place during the construction process 2 Compensatory Mitigation for Impacts to Waters of the U.S or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ® No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this projects ❑ Mitigation bank El Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank NA 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ® Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) NA square feet 4e Riparian wetland mitigation requested NA acres 4f Non - riparian wetland mitigation requested NA acres 4g Coastal (tidal) wetland mitigation requested NA acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan NA Page 7 of 11 PCN Form — Version 1 3 December 10, 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires ❑ Yes Z No buffer mitigation? 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required. NA 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) NA 6h Comments Page 8of11 PCN Form — Version 1 3 December 10, 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No Comments 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 20% 2b Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why This site was covered under SW8 000501 (See Appendix H) 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan The stormwater permit limts the BUA to 5,022 square feet ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? NA ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1 a Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter) ❑ Yes ® No Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ® Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ® Yes ❑ No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) The fill took place prior to the land owner purchasing the property It wasn't until the land owner began thinking of selling the property that it became evident that part of the wetland feature had been filled It is estimated the fill took place some time between 2002 and 2004 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description The proposed work will not provide access to undeveloped land outside the project limits 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Murnciple sewer is provided Page 10 of 11 PCN Form — Version 1 3 December 10, 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this protect occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? This site is located within an existing subdivision With that said, it is not anticipated that the work would impact Endangered Species or Designated Critical Habitat 6. Essential Fish Habitat (Corps Requirement) 6a Will this protect occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? The impacts and all land disturbing activities will be located landward of normal high water 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this protect occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation El Yes No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What date sources did you use to determine whether your site would impact historic or archeological resources? History of the site The project site is a single family lot within a previously developed subdivsion 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ®Yes ❑ No 8b If yes, explain how protect meets FEMA requirements The dwelling will adhere to the provisions outlined in Article 5, Sections A and B, of the Onslow County Flood Damage Ordinance Prior to land disturbing or construction of the dwelling, the Applicant is required to obtain a permit from Onslow County, which will ensure that the devleopment meets FEMA standards for building in an AE zone 8c What source(s) did you use to make the floodplain determination? New Hanover County GIS Flood Map Dana A Lutheran (SEQ) "� A 7 February 2014 Applicant/Agent's Printed Name Date App icanVAge ig —na-M a (Agent's signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 PCN Form – Version 1 3 December 10, 2008 Version 1913 Masons bluff PCN AppenAces Appendix A Vicinity Map 5r-Gi " Foen Roanoke Rapids Merchants 0- Roxboro w".1 Corolla Hendelson e" State PO4, Fillabeth City nsboro State Park C, Burlington Durham o Wake F ore5t -1 ,-Stone Park Chapel Hill North Raleigh Rocky Mount Oarborc lb S Jockey's h4ge State ?'ark 6. W, ilson R.10eigh, N." C23 cjayjon . Greenville CID Washington Sanford ruqua;Vanna" Smithfield I 1? , 0 �w Goldsboro I Mattonuskeel NatloriaJ Dun'. I , WdAt'POuge Kinston West End [line F ore6t Pineburst Chffs of the -New Bet" lo Fayetteville State Park N.,, Rn" Meuse Raeford Clinton m ham South View National I Laurinburg Jacksonville MoreheadOly, -Beaufort enoTtiville I— rto Lumben Hammocks Moores Creek Reach state Park NattonW Battlefield' • H t ad ion Whiteyifteo q. 76 - — Vylkr�ingl ce 0 Marlon- Fort Fistier,State rep Longs Oak Wand • Conway I.We 11—r Myrtie Beach ( /I V"P,- N." ( /I 1 9 15 Masons bluff PCN Appendices Appendix B New Hanover County Property Tax Information 5E-Gi ( " 1/20/2014 New Hano\er County PARID R05200- 002 - 018 -000 Sale Price RUGAE LLC 1913 MASONS BLUFF CT Parcel Page Alt ID 316815 74 1921 000 Address 1913 MASONS BLUFF CT Unit 4869 Cdy WILMINGTON Zip Code $0 Neighborhood E4S01 Class RES- Resdenlial Land Use Code 958- Unused Land Living Units NEW HAN CNTY WATER SEWER Acres 589 Zoning R- 20S- RESIDENTIAL DISTRICT Legal $13000 Legal Description (0 58 ACRES) LOT 10 PH 7 MASONS BLUFF Tax Dr stnct FD Owners 13 -MAR -02 Owner RUGAE LLC City WRIGHTSVILLE BEACH State NC Country $0 Tip 28480 THE DATA IS FROM 2013 Sales Sale Date Sale Price Grantee Grantor Book Page Sale Key 24-JUN-05 $390,000 RUGAE LLC LEA DEVELOPMENT LLC 4869 813 388165 25 -SEP -03 $0 MASONS BLUFF HOA INC HOWERY JEFFREY LAURA ETAL 4026 0821 145892 19 -APR -02 $0 NEW HAN CNTY WATER SEWER MLH DEVELOPMENT LLC 3272 0641 145891 13 -MAR -02 $13000 LEA DEVELOPMENT LLC MLH DEVELOPMENT LLC 3232 0459 145890 13 -MAR -02 $0 MASONS BLUFF HOA INC MLH DEVELOPMENT LLC ETAL 3232 0425 145889 31 -DEC-01 $0 LEA DEVELOPMENT LLC LEA JAMES W III CATHERINE B 3157 0547 145888 27- MAR -96 $0 DIV MARINE FISHERIES LEA JAMES W III CATHERINE 8 2006 0994 145887 14- MAY -93 $400,000 LEA JAMES W III CATHERINE B SMITH LOUISE DEROSSET 1666 0340 145886 11 -DEC-89 $0 SMITH LOUISE DER SMITH A J LOUISE DER 1478 1646 145885 01- DEG-71 $0 SMITH LOUISE DER SMITH A J LOUISE DER 0926 0393 145884 Sale Details 1 of 10 Sale Date 24-JUN-05 Sale Key 388165 Sale Price $390.00000 Grantee RUGAE LLC Grantor LEA DEVELOPMENT LLC Sale Source - Book 4869 Page 813 Sale Validity - Sale Type VACANT Sale Flag STEB Instrument # Instrument Type Warranty Deed Adl Reason Adt Price Adt Amount Values Year 2013 Total Land $279700 Total Buildings $0 http / /etaxnhcg ov conVDatalets/PnntDatalet aspx?pin= R05200- 002- 01&000&g sp= PROF ILEALL&taxyear= 2013 &) LIT= N H &ownseq =0 &car& 1 &roll= RP&State= 1 1/2 9 13 Masons bluff PCN Appendices Appendix C Agent Authorization and Secretary of State Listing 5EGi ( ) Date: 2/7/2014 ick here to ew Document Filings I File an Annual Report J Print a Pre - populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I rporation Names Name Name Type NC RUGAE, LLC LEGAL mited Liability Company Information SOSID: Status: Effective Date: Citizenship: State of Inc.: Duration: Annual Report Status: listered Agent Agent Name: Office Address: Mailing Address: jPrincipal Office Office Address: Mailing Address: cers /Company Officials Title: Name: Business Address: 0659579 Current - Active 1/13/2003 DOMESTIC NC PERPETUAL CURRENT PHILLIPS, WARREN 24 PELICAN DRIVE WRIGHTSVILLE BEACH NC 28480 24 PELICAN DRIVE WRIGHTSVILLE BEACH NC 28480 24 PELICAN DRIVE WRIGHTSVILLE BEACH NC 28480 24 PELICAN DRIVE WRIGHTSVILLE BEACH NC 28480 MANAGER WARREN PHILLIPS 24 PELICAN DRIVE WRIGHTSVILLE BEACH NC 28480 5EGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: 58 Acres) Lot 10 PH 7 Masons Bluff LOT NO. 10 PLAN NO._PARCEL I.D. R05200- 002 - 018 -000 STREET ADDRESS: 1913 Masons Bluff Ct Property Owner (please print): Rugae LLC The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group. Inc. (SEGi) to act on my behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): 24 Pelican Drive Wrightsville Beach, NC 28480 Telephone: 910 264 9714 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge Pro erty Owner Authorized Signature SEGi uthorized Signature Warren Phillips Print Name Z - -7 - /� Date Dana A Lutheran Print Name 7 February 2014 Date 191 3 Masons gI.ff PCN Appendices Appendix D Current Aerial SrGi ( ) �! � �y •M., rAt`.�t� f. �i ti fu IN' ;f _ � 6 1 1 3 Masons bluff PCN Appendices 5E-61 Y + =Cn Appendix E 2000 USACE Signed Wetland Map �,.° �fi 7�`fT •�> F� e �cw -� r .,r -"t xF„n . � - • r h 'iC�!,'N r• T^ al*. ,+Fr•S^" -1 "5' p.,e , K ip 45, �7i ♦4 4 �f ^I t..tr y' -, _ 1 r� �� N +'l`��- A*'c• f \ ♦ \ iia� ^4 %�t -1i � $ � '� lPfr' = r .S Y t .� 'f 4+ e r.., cry, ri�' I?n �i ,} �y 'V ,yY \ �'\n.V "�� z�1 ,F ♦t -t ice; `,,4� 'y,'ry , }•.` >�� . %k�`7'� `�' i`. .>!V '_` Q,;�'�� ,i \ *�� • ` t `�iM'Y`',��«gr "'cF :`� ��'• �.� _ - - w,,,`1' ,. w ` , , r � ";w �: �r��"Kk •r,�r�}�� /s'�. \�b , ,y � \yj . �}� � 4��„� �,\ Yy � / r - N� +„rthct%�'"'� VN. 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CtitTmCAlt Ntk 11 ,u aMx touo[ , 1105 SURVEY t5 p CE AA* PARCELS CW W$i • Y r r uoW ammo m, 0 My A.NJm wm A% OOTj NO' fMI A It 9TRCGT RR CttANL! uic a awmsa 'na[ a w1w Rr�ar wa up[ AN P]aST1/.0 STRS7 n M" Wr o[i[aR4 +t a aw LI Na p' 9if. P.:V L4Y,t O 11048 u 4atwa ®K AIRYQt 6 " /MA10 . W M w1YwtlIGS if, AawC1q ..( saw 1ccW 1wR9.C[ 1u[R MIDW -t N UNGEIMQ70 PL l 2962 w Dawn uss [aotao ncr rmr•rcr• amrlaco CM1[02• t a T e F- an -008111 a [ttVOwlRt wl 1M „ swo+en v .wtaa ra wo SA,awla was 9mt'ts w w t 9arw,PL ' no c ♦ a « wawa .iune.ucG, Pat„ t wa[ +swr 19 13 Masons bluff PCN Appendices Appendix F DoA GP 198000291 and DWQ GC3274 5E.Gi (i) T gr d to , �� • ai " �� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 July 31, 2000 Regulatory Division Action ID No. 200001346 Galarde and Company, Inc. 6800 Wrightsville Avenue, Suite 7 Wilmington, North Carolina 28403 Dear Sir: _„�,. Wt4TE1 -z aUl.i1; V Sc(a I: On August 5, 1996, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received July 10, 2000, for Department of the Army authorization to construct a 10 -slip community pier and dock and to place fill in wetlands to construct a road on and adjacent to Middle Sound near Wilmington, New Hanover County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. - If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State - Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you be6n work. PROPOSED WETLAND FILURESTORATION AREAS `, N 1, ,F .IUN 0 5 200 cc 51N T 9` ft'vkT; Sys ��•¢r.� _ i ROAD CROSSING WETLAND FILL, 0.03 ACRES O.� nm 5 42'2pj3• 1' spa /� \ O rte/ � / i 1�` /�' j' ...li :Z•..t•_: i:l. e� \ ` °' 4 �. n � - vor.�;. — i 1 \ \ per— — � i •' .� � � \ \ \\ ; l i i i i i J ' 3 .i/ •+... • — � � ,. r� I q., /� ice— "� Ct \ ` �I � 1. $ _ Qi11�`Q •n.,, � .� •\�'t ze _ r —� t •11'\ � S I I I•I / � \ ol EXISTING DRIVEWAY REMOVAL WETLAND RESTORATION, .008 ACRES I AREA TO CONTAIN THREE 10'x 10' RIPRAP� «. ENERGY DISSIPATORS, FILL= .007 ACRES SCALE 1 "= 100' SUBDIVISION, BOATING FACILITY MIDDLE SOUND, AIWW NEW HANOVER CO.. NORTH CAROLINA GALARDE AND COMPANY, INC. 5 13o %o .SNE--T' 3 OF -7 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor D E N R Bill Holman, Secretary V Kerr T. Stevens, Director August 1, 20M DWQ# 00 -0956 New Hanover County Galarde and Company, Inc. 6800 Wrightsville Avenue, Suite 7 Wilmington, NC, 28403 APPROVAL of 401 Water Quality Certification with Additional Conditions `y j To Whom It May Concern: You have our approval, in accordance with the attached conditions, to place fill in 0.04 acre of vegetated wetlands in order to construct a residential subdivision (Mason's Bluff), with attendant roads, utilities and community pier in New Hanover County, as you described in your application dated 26 July 2000. After reviewing your application, we have determined that this work is covered by General Water Quality Certification Number 3274. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below. 1. A culvert shall be installed under the road crossing to maintain a connection between the wetland fragments on either side of the crossing. - - - If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611- 7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919 - 733 -9646. Sincerely, (i�. 110- Kerr T. Stevens Non - Discharge Branch 0 1621 Mall Service Center Raleigh, North Carolina 27699 -1621 Telephone 919- 733 -1786 FAX # 733 -9959 An Equol Oppoduntty AH innotive Action Employer 50% recycwpo% post consumer paper 1913 Masons ')I-ff PCN AppenJices Appendix G Field Sketch and Wetland Impact Map Sr-Gi , 0 4.5 9 18 27 36 Field Sketch of Historical Wetland Delineation and Fill " Feet 1913 Masons Bluff w n e 1 inch = 33 feet Wilmington, New Hanover Co., N.C. lzd�! Source: Bing Maps O(i) 1/30/2014 s 19 1 3 Masons guff FCN APPen� ices Appendix H NC DWQ Stormwater Permit SW8000501 5r-Gi ", . August 18, 2000 Mr John Galarde, Owner Galarde and Co , Inc 6800 Wrightsville Ave Wilmington, NC 28403 Subject Permit No SW8 000501 Masons Bluff Low Density Subdivision Stormwater Permit New Hanover County Dear Mr Galarde- The Wilmington Regional Office received a complete Stormwater Management Permit Application for Masons Bluff on August 14, 2000 Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 000501, dated August 18, 2000, for the construction of the project Masons Bluff This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and hmntations 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 Noelle Lutheran or me at (910) 395 -3900 Sincerely, Rick Shiver Water Quality Regional Supervisor RSS /nml S \WQS \STORMWAT\PERMIT \000501 AUG cc Charles Cazier Tony Roberts, New Hanover County Inspections David Thomas, NCDOT - Division 3, District 3 Wilmington Regional Office Central Files Noelle Lutheran State Stormwater Management Systems Permit No SW8 000501 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 6alarde and Co, Inc Masons Bluff New Hanover County FOR THE construction, operation and maintenance of a 25% low density subdivision with a curb outlet system in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwarer rules) and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Masons Bluff 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 1 The project is permitted for 10 lots, each limited to a maximum of 5,022 square feet of built -upon area, as defined by the stormwater rules, and as indicated in the approved plans CAMA regulations may reduce the built -upon area for those lots within the AEC 2 The overall tract built -upon area percentage for the project must be maintained at 25 %, per the requirements of Section 1005 of the stormwater rules 3 Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit 4 This project proposes a curb outlet system Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5 1 (H V) side slopes or flatter, have a longitudinal slope no steeper than 5 %, carry the flow from a 10 year storm in a non - erosive manner, and maintain a dense vegetated cover 5 No piping shall' be allowed except those muumum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots 6 Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be State Stormwater Management Systems Permit No SW8 000501 vegetated with side slopes no steeper than 3 1 (H V) Approval must be received by the Corps of Engineers and the North Carolina State Wetland Branch to impact swale area #2 prior the construction of any impervious surfaces II. SCHEDULE OF COMPLIANCE Curb outlet swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface, per the approved plans 2 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. f Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism 4 The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area lnmrt is transferred to the individual property owner 5 Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management a The allowable built -upon area per lot is 5,022 square feet This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right -of -way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools " b "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Division of Water Quality " C "Filling in, piping or altering any 3 1 vegetated conveyances (ditches, swales, etc ) associated with the development except for average driveway crossings, is prohibited by any persons " d "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC " e "Fnlhng in, piping or altering any designated 5 1 curb outlet swale associated with the development is prohibited by any persons " f "A 30' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters " 6 The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording