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HomeMy WebLinkAbout20052253 Ver 2_More Info Received_20070809HAL OWEN & ASSOCIATES, INC. SOIL & ENVIRONMENTAL SCIENTISTS P.O. Box 400, 266 Old Coats Road Lillington, NC 27546-0400 Phone (910) 893-8743 /Fax (910) 893-3594 E-mail: halowen@earthlink.net Ms. Joanne Steenhuis NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 8 August 2007 ~s - aas 3 ~2 -~ ~a ~ ~~ ~'~UG ., L00% ~~,~;;~ p ;"~ ~~''t'~ ~ ek ~RgplCN Reference: Request for Additional Information Kensington Park Section II, Onslow County, North Carolina DWQ Project # OS-2253 ver 2 Dear Ms. Steenhuis, We received notification in a letter dated 20 September 2004 that the processing of the permit application for Kensington Park Section II has been placed on hold pending submittal of additional information. The notification letter listed five items that need to be addressed to complete the permit application so that it may be evaluated. The following responses and documents are provided as requested. 1. Compliance with previously issued certification. A copy of the restrictive covenants recorded in 2006 for Kensington Park Section 1 is enclosed. Section 3, Provisions Relating to Wetlands, maintains the wetland areas in perpetuity in their natural condition by prohibiting land disturbing activities, removal of or damage to vegetation, and disruption of hydrology. Section 25, Amendment of Covenants, prevents Section 3 from being amended without the express consent of the NC Division of Water Quality and the US Army Corps of Engineers. These covenants will also be used for Kensington Park Section II. 2. Impact Justification (Avoidance and Minimization) Wetland Crossing #1 has been redesigned to further minimize wetland and stream impacts. The culvert beneath the road has been reduced from 96 linear feet to 76 linear feet with a 10-foot long rip-rap dissipater at the end, resulting in 4120 square feet (.09 acre) of wetland impact and 86 linear feet of stream impact. The road (37ft), utility R/W (3ft each side), and sidewalks (oft each side) equal 51 feet, leaving 12.5 feet of side slope on each side of the sidewalk. 12.5 4 3 37 3 4 12.5 =76ft slope, sidewalk, utility, road, utility, sidewalk, slope The slope will be graded at a maximum 3:1 from the sidewalk to the top of the four-foot high headwall above the pipe. Twelve feet is the minimum side slope width the developer feels can safely and aesthetically be utilized beside the sidewalk. A revised cross-section drawing of impact # 1 is attached. Soil Science Investigations • Wetland Delineations, Permitting, and Consulting HAL OWEN & ASSOCIATES, INC. 3. Project Plans The enclosed 24 X 36 inch map has been simplified to highlight the wetland boundaries and the centerline of the stream. 4. Stub Out Road A copy of the page from the "City of Jacksonville, NC -Manual of Specifications, Standards & Design" pertaining to the design of cul-de-sacs is enclosed. The manual limits the length of dead-end streets to 750 feet from a road with multiple points of access. Also enclosed is the section from the City Council Meeting Minutes (May 8, 2007) addressing the preliminary plan for Kensington Park Section II. The minutes show that the Council approved the subdivision plan with the condition that Weatherford Drive be constructed to the greatest extent possible to the end of the property limits. S. Mitigation As we discussed on the telephone, the developer intends to record the same restrictive covenants for Kensington Park Section II that have been recorded for Kensington Park Section I. A copy of the recorded covenants, as addressed in item 1 of this letter, is enclosed. We trust that this letter provides the information you requested and that the permitting process may proceed as soon as possible. If you have any questions or need additional information, please feel free to contact us at your convenience. Sincerely, Krissina B. Newcomb Project Environmental Scientist I CC: Ian McMillan, DWQ 401 Oversight, 1650 Mail Service Center, Raleigh, NC 27699-1650 Mr. John Koenig, 6432 Yadkin Road, Fayetteville, NC 28303 Soil Science Investigations • Wetland Delineations, Permitting, and Consulting FROM y <MON)JUL 16 2007 13C 74/ST Io~V111Y111A11Y11 Doc ID: 001161650006 Type: CRP Recorded: 08/21/2008 nt 01:39:29 PM Fe• Amt: 529.00 Pags 1 of 6 Onslov County. NC Mildred M Thomas Register of Deeds BK2716 P~880-885 Prepared by and return to: L. Robert Coxe, III, Attorney at Law, 3884 Henderson Drive, Jacksonville, NC 28546 NORTH CAROLINA RESTRICTIVE COVENANTS Section , Kensington Pazk of ONSLOW Williamsburg Plantation KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, JOHN KOENIG, INC., herein sometimes called "Owner" or "Developer", is the owner of all that land designated as Section ,Kensington Pazk of Williamsburg Plantation, as shown on that certain plat recorded in Book 51 Page 72 in the Office of the Register of Deeds of Onslow County, North Carolina;-and, WHEREAS, Owner desires to provide stability and appeal in the development of said land; NOW, THEREFORE, Owner hereby covenants and agrees to and with all persons, firms, and corporations now owning or hereafter acquiring any of the numbered lots included on said plat, that all of said numbered lots shall be and same now are, to the extent hereinafter defined and described, subject to the following restrictions as to the use thereof, running with the said land by whomsoever owned, to-wit: 1. LAND USE AND BUILDING TYPE: No numbered lot shall be used except for residential purposes. No structure shall be erected, placed, altered or permitted to remain on any such lot other than one detached single-family dwelling not to exceed two stories in height, a private garage for not more than three (3) cars, with a minimum of one (1) caz gazage with a parking apron, which garage may contain living quarters for occupancy by domestic servants or family of the lot owner only, and such other outbuildings as may be reasonably appurtenant to the dwelling provided that the same are constructed in line with the general architectural design and construction standards used in the dwelling itself. 2. DWELLING COST QUALITY AND SIZE: No single-family attached or detached dwelling unit shall be permitted on any such lot or lots which shall give to the improved lot or lots on which the said single-family attached or detached dwelling unit is constructed an appraised valuation of less than One Hundred Forty Thousand and No/100 ($140,000.00) Dollars; such valuation to be based upon cost levels prevailing at the date these covenants are recorded; it being the intention and purpose of this covenant to provide that all dwellings shall be of quality and workmanship substantially the same or better than that which ~ * ~ _ _ _ _ _ __ _ __.7...1 C .. •L.e .r.:.+imaim v9~nP hP,-Pm atate[~ covenants are reeoraea; 1t neing the iu~ciiuvu a,ttu Yua ~vav ~_ •=u~ ~~ • ~• '~"` " r dwellings shall be of quality and workmanship substantially the same or better than that which ~ 2 ~ can be produced on the date these covenants are recorded for the minimum value herein stated for the minimum permitted dwelling size. No single-story residence or dwelling unit shall be constructed which shall have a heated area living space of less than 1500 square feet. No two-story residence or dwelling unit shall be constructed which shall have a heated area living space of less than 1500 square feet of which a aunimum of 800 square feet shall be the first floor of said two-story dwelling. Heated area living space shall mean the ordinary living space in a house which is designated and constructed to be capable of being heated for regular living use in cold weather. In the computation of floor space, furnace room and exterior storage areas, garage and porches shall not be counted. No residence may be constructed without a gazage. Any plan for construction of a detached gazage Received Time Ju1.16. 12:09PM FROM (MON)JUL 76 2007 13: 14/57. 13: 14/No. 7500000971 P 3 must have the prior approval of the Developer, as set out in Paragraph 21 of these Restrictive Covenants. 3. PROVISIONS RELATING TO WETLANDS: All of the properties subject to these declarations, conditions, covenants and restrictions shall also be subject to the following Special Provisions Relating to Wetlands. In developing the property, the Developer has agreed with the State of North Carolina and the Department of the Army Corps of Engineers (pursuant to a permit issued by the State of North Carolina and the Corps of Engineers)to restrict and prohibit any future filling or other detrimental activities in the wetlands areas which presently exist within the identified area of the property. Accordingly, all wetlands shown and delineated on the wetland survey plat dated December 9, 1999, and verified by the Corps of Engineers of March 4, 2003, shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove, or harm any vegetation; nor construct any structures, nor allow animal grazing or watering or any other agricultural use on such conservation area. Benign structures, such as pile- supported walkways, maybe permissible only after reviewed and written consent is provided by the U.S. Army Corps of Engineers. This covenant is 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, Action ID 200001107, and therefore may be enforced by the United States of America. This covcnant is to run with the land, and shall be binding on the Owner, and all parties claiming under it. 4. BUILDING LOCATION: The building line of any dwelling house and the buildings appurtenant thereto shall not be less than 35 feet from the lot line which the dwelling house fronts. Interior lot line and side yard set-back requirements shall be as provided in the City of Jacksonville and/or Onslow County Subdivision Regulations governing residential developments. In the event that the regulatory boards for the City of Jacksonville and/or Onsiow County Commissioners at a later time adopt a "zero lot line" set back for the development then that ordinance shall apply to this development. Where a garage or other permitted accessory building is located within 30 feet of the rear property line, then there shall be a five foot side yard requirement for the reaz 30 feet of the lot. A rear yard set-back requirement of 35 feet shall be maintained for those lots abutting other properties outside this subdivision. Nothing shall be built within ten (10) feet from each lots curb as this is a utility easement. With respect to comer lots, the building line of any dwelling house or unit of the building appurtenant thereto shall not be less that 35 feet from the street on which the dwelling house or unit fronts. The provisions of the City of Jacksonville and/or Onslow County Subdivision Regulations governing residential developments shall be complied with in determining the set back from the side street property line and the required rear yard, if any. For the purposes of these covenants, eaves and steps shall not be considered as a party of the building; provided, however, that this shall not be construed to permit any portion of a building to encroach upon another lot. Open fire escapes, outside stairways, the ordinary pro}ections of chimneys and flues, swimming pools, flag poles, decorative fountains and other similar items are not subject to the building lines' so long as the do not obstruct light and ventilation necessary for the structure on the adjoining lot. A variance no more than 10% of the set-back requirements of this covenant shall be deemed to be in compliance with the requirements stated herein. 5. STORMWATER MANAGEMENT: The following covenants are intended to e......~v ....~,,;,,~ ,-.,n,.,u~..~.P u,;rh CtatP Rtnrmwater Manaeement Permit Number SW8 050629, as ~* ~ • 5. STORMWATER MANAGEMENT: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050629, as ~ z ~ issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Received Time Ju1.16. 12:09PM FROM <MON)JUL 16 2007 13: 15/ST. 13: 14/No. 750000097'1 P 4 Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. The maximum allowable built-upon area per lot is limited to a maximum of 3,660 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lotto drain towazd the street, or grading perimeter swales and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these measures. 6. ERECTION OF FENCES AND SIGNS: No fence shall be erected on any lot closer to the front of the lot than the house's reaz corner nearest the street. No fence shall be built within the easement for utilities as set forth in Pazagraph 7(a) of these covenants. A minimum three-foot wide gate must be constructed if the fencing is across the "maintenance area" described in Pazagraph 7(b) hereof. Fencing traversing a lot shall be pazallel with the front line. Provided however, that with respect to comer lots, no fencing shall be erected or maintained any closer than forty-five (45) feet from the front property line or twenty-five (25) feet from the side property line, not to exceed aten-foot extension from the back corner of the house (extended from the back line of the house); and in the event a house has already been established on the lot adjacent to the comer lot, no fencing shall be erected on the comer lot any closer to the front of the lot that the distance the front corner of the adjacent structure is from its front property line; in any event, fencing shall be no closer than the house's rear corner. Solid privacy fences over three (3) feet in height shall not be built within twenty-five (25) feet of a public right-of--way. Chain link fences of any type are not permitted. No fences, including decorative split-rail fences, are permitted in the front yard of a lot. 7. EASEMENT: indicated as streets and easements on the recorded plat are hereby dedicated to public use for such uses forever; (a) For Utilities and Drainage: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, or which may change the direction or flow or drainage, or which may obstruct or retazd the flow of water. All areas (b) For Repairs and Maintenance: The lot owner having an abutting wall or a wall within five (5) feet of his lot line shall have afive-foot easement along said lot line on adjacent lot owner's property for the purpose of repairs and maintenance of said abutting wall or wall within five feet of the lot line where such repairs and maintenance cannot be accomplished otherwise. (c) For Overhangs Extensions and Projections: As to lot owners of adjacent ~..+~ ._,~.,~ti ha.,e~ an ah„tt;na wall easements are reserved over those portions of the adjacent lot ~~~ (c) For Overhangs Extensions and Projections: As to lot owners of adjacent lots which have an abutting wall, easements are reserved over those portions of the adjacent lot ~ 2 ~ owner's property that may be necessary or required to accommodate drainage and utilities and overhanging eaves or other cantilevered construction which may encroach upon the adjacent lot owner's property or the air and light space above such lvt owner's property. (d) For Underground Cables and/or Installation of Strcct Liehtina: The Developer or their Assigns reserves the right to subject the real property in this subdivision to a contract with Carolina Power and Light Company or any other utility company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or continuing monthly payment to Carolina Power and Light Company ar any other utility company by the owner of each building. Also the County of Onslow may levy special tax assessments against each lot to install street lighting. Received Time Ju1.16, 12:09PM FROM <MON)JUL l6 2007 13. 15/ST. 73:'14/No. 7'300000971 P 5 8. ILLEGAL ACTIVITY: No illegal, noxious or offensive activity shall be permitted or carried on any party of said land, neither shall anything be permitted or done which is or may become a nuisance or a source of embarrassment, discomfort or annoyance to the neighborhood. No trash, garbage, rubbish, debris, waste material or other refuse shall be deposited or allowed to accumulate or remain on any part of said land, or upon any land or lands contiguous thereto. No fires or burning of trash, leaves, clippings or other debris or refuse shall be permitted on any part of said land without the required permits issued by the appropriate authority. 9. ARTESIAN WELLS: No artesian wells may be drilled or maintained on any building lot without first obtaining the consent of the Developer. The central water supply system provided for the service of said land shall be used as the sole source of water for all water spigots and outlets located within all buildings and improvements located on each building lot. No individual water supply system or well shall be permitted on the building lot except to supply water for air-conditioning or heating installation, irrigation purposes, swimming pools or other exterior use. All lots shall be subject to service charges and fees and any and all assessments levied in connection with the central water supply system service to the respective subject lots. 10. ANIMALS AND LIVESTOCK: No animals, livestock or poultry of any kind shall be raised, bred or kept on the property, except cats, dogs, and other common household pets and they shall not exceed three (3) of each, provided that they are not kept, bred or maintained for any commercial purposes. Household pets shall not roam freely; they must remain in the yard or, if not in the yazd, on a leash. 11. AUTOMOBILES, ETC: No automobiles, boats, campers or any other motor vehicle may be dismantled on said property. No mechanically defective automobile or currently unlicensed automobile shall be placed or allowed to remain on said property over ten (10) days. No junked cars shall be placed or allowed to remain on the property. No trailer, mobile home, camper or like recreational vehicle shall be permitted to remain upon any lot unless it is located so as to be hardly visible from any street or road within the subdivision. 12. OBSTRUCTIONS: The Developer shall have the right, but not the obligation, to remove or require the removal of any fence, wall hedge, shrub, bush, tree or other object, natural or artificial, placed or located on any building plot, if the location of the same will, in the sole judgment and opinion of the Developer, obstruct the vision of a motorist upon any of the access ways. 13. REGULATE TRAFFIC: The Developer shall have the right, but not the obligation, from the time to time to control and regulate all types of traffic on said access ways, including the right to prohibit use of said access ways by traffic which, in the sole discretion of the Developer, would or might result in damage to said access ways or pavements or other improvements thereon, and the right, but not the obligation to control and prohibit parking on all or any part of said access ways. 14. TYPE OF CONSTRUCTION: No building or other improvement may be constructed with an exterior wall finish of material of concrete or cinder block type construction or shall be finished in asbestos siding shingles. I5. WINDOW AIR CONDITIONERS: Nv window air conditioning units shall be ;nctatlecl ;n a hui]dinQ visible from the road which the building faces. ~ * ~ 15. WINDOW AIR CONDITIONERS: No window air conditioning units shall be installed in a building visible from the road which the building faces. ~ z ~ 16. UTILITY: All telephone, electric and other utility lines and connections between the main utility lines and the residence and other buildings located on each building plot shall be located underground. 17. UTILITY COMPANY: The Developer reserves the right to subject the real property in this entire subdivision to a contract with the Cazolina Power and Light and/or City of Jacksonville or any other utility company, for the installation of underground electric cables and/or the installation of street lighting, either or both, of which may require a continuing monthly payment from the owner of the lot. Received Time Ju1,16. 12:09PM FROM <MON)JUL l6 2007 13: 15/ST. 13: 14/No. 7500000971 P 6 18. TYPE OF RESIDENCE: Nv trailer, basement, garage or any outbuilding of any kind, other than a guest house or servant's quarters, even if otherwise permitted hereunder to be or remain on a building lot, shall be used as a residence either temporarily or permanently. 19. DEVELOPER SIGNS: Nothing contained in these covenants and restrictions shall prevent the Developer, approved Builder, or any person designated by the Developer, from erecting or maintaining such commercial or display signs and such temporary dwelling, model house and other structures as the Developer may deem advisable for development purposes. 20. SIGNS: No sign or signs other than a "For Sale" or "For Rent" sign shall be displayed on the property, and these signs shall not exceed five (5) squaze feet total area. 21. SWIbIlVIIlVG POOLS: No swimming pool shall be constructed on any lot unless the proposed location shall have been first approved in writing by the Developer and said pool, with required fence, shall be built in accordance with all applicable City of Jacksonville and/or Onslow County Zoning Ordinances and Regulations.. Above ground pools are not permitted. 22. MAIL BOXES: No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspapers or magazines or similar material shall be erected or located, on any building lot unless the size, location and design and type of material for said boxes or receptacles shall have been approved by the Developer. To insure uniformity, the Builder does hereby agree to provide the original mail box post. If at any future time the post becomcs damaged or has to be replaced for some other reason, it will be replaced with a post of the same size and material at the owner's expense. 23. APPROVAL OF PLANS: No construction shall begin on any lot, neither shall any building or other improvement be erected, placed or altered on any lot until the construction plans and specifications and plans showing location of the structure on the individual lot have been approved in writing by the Developer, its successors or assigns. This approval shall be as to the quality of workmanship and materials, harmony of external design with existing structures, and as to the location with respect to topography and finished grade elevation. The Developer may delegate its duties under this paragraph to an architectural committee created for this purpose. Such assignment will be by a document recorded in the office of the Register of Deeds for Onslow County, North Cazolina. 24. RADIO OR TELEVISION AERIALS: Except as provided below, no radio or television aerial, antenna or satellite dish, or any other exterior electronic or electronic equipment or devices of any kind shall be installed or maintained on the exterior of any structure located n a building lot or any other portion of any building lot. A satellite dish, no greater than eighteen (18) inches in diameter maybe installed, as long as it is not visible from the street. 25. AMENDMENT OF COVENANTS: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. During the first twenty-five (25) year period, these covenants may be amended in full or in part by an amendment, signed by not less than eighty (80%) percent of the owners of the numbered lots. To be effective, any amendment must be recorded. However, the covenants in contained in Paragraph 3 hereinabove are in perpetuity and may not be amended without the PY TTP.CC cnnaPnt c,f the State ~f North Carolina and the Devartment of the Army Corps of ~ * ~ in contained in Paragraph 3 hereinabove are in perpetuity and may not be amended without the express consent of the State of North Carolina and the Department of the Army Corps of ~ 2 ~ Engineers. 26. ENFORCEMENT: Enforcement shall be by proceedings at law or in cquity against any person or persons violating or attempting to violate any covenant either to restrain violation or recover damages. The Developer of Williamsburg Plantation Homeowner's Association, or any lot owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, reservations, liens and charges now or hereafter imposed by the provision of this Declazation. Failure by the Developer or by a lot owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. Received Time Ju1,16. 12:09PM FROM <MON)JUL lB 2007 13: 16/ST. 13: 74/No. 7500000971 P 7 Association. Referenec is also hereby made to the Declaration of Covenants, Conditions and Restrictions recorded in Onslow County Registry, which recording created the Williamsburg Plantation Homeowners' Association. Each lot owner in Regency Park of Williamsburg Plantation Section. One, is also a member of. the Williamsburg Planta~on Hommeowners' 27. VALIDITY: Invalidation of any one of these covenants by judgnent or court order shall in no way affect any of the of the other provisions which shall remain in full .force and effect IN TESTIMONY WHEREOF, JOHN KOENlG, INC., bas caused this instrument to be signed and sealed this the 2(0'~ day of July, NORTH CAROLINA ONSLOW COUNTY ~ ~ ~ b ~ , a Notary Public of the County and State aforesaid, c hat John Koenig personally came before me this day and aclmowledged that he is the President of JOHN KOENZG, INC., a North Carolina corporation, and that the seal affixed to the foregoing instrument in writixtg is the corporate seal of said company, and that said writing was signed and sealed by him in behalf o£ said corporation by its authority duly given. And the said John Koenig, President aclcnow]edged the said writing to be the act and deed of said corporat%on. Witness my hand and official stamp My Commission Expues: o~~~~'o`~ ~~~uu ~ u uari i \~~.~~~~,HAN e~'%,~ ~~,o~-~Ry:. .~. ~ •• ~~~i~~r:,~,.,tu~`~ [*] m M QO n 0 0 N ~O N n fipr ~ 011TH Mt~+a101 w'thods a~o.e~ C~.o~ o-~.s~ ~ i~o ~s.:o ~.oo re ~ ~~ ~~o^KLs ^~ ~s•~unr Noon: ~s aN ruo ~r• to ~ 4' ~ ,I+or a~ ruE. . ~ v' ° w i F.E~ • ~ ~ ~ ~ - \ pc ~ N ~ w m I U ,~ ~, iEARTHEN ~ ' ~ BERM r - 0 p~ - --=-~' - ~' -.~-- ~ € 7NV= ~2 : 7-4'~ - -------~I ~-- ~ ~ .- -- _, ,r _ , __- ~ ~ I~ `_- ~ . RIP RAP S~OOIJR PAD SC[~3DRJLB sis~d o~i~q >NlDOZ D~ipatos Qrrt~. v~oci~ ta^v1t tears r~s 1 7.0 Z 10 8 Ci'i• 40 20 _- '~ li I-- `~~ ~~ ,~ , \\~~ \~ WETLANDS CROSSING #1 4,120 S.F. (0.09 AC.) 86 LF STREAM IMPACT ~~~~ ~ ~~x . ~.(~x 30 WETLAND CROSSING #1 OF KENSIGNTON PARK SECTION II OF WILLIAMSBURG PLANTATION -~- ~ r:.---~_~ ~ ~-~ JACKSONVILLE TWSP., ONSLOW COUNTY, NC ~ ~--~°`` _ ' ~~, PREPARED BY ~~,• ~~ 'oo ?~ JOHN L. PIERCE & ASSOCIATES, P.A. ~:w.~~ ~-' ~G 409 JOHNSON BLVD, JACKSONVILLE, NC 28540 ~.,.~~ ~:~~.~ 910-346-9800 FAX 910-346-1210 EMAIL: brianJ~jlpnc.com `~~;~~~ ~' %°~~ MAY 4, 2007 ~ ~'~,g (Revised July 26, 2007) fi~-,~ ~- SCALE: HORIZONTAL 1 "=40" ~`+`~~ VERTICAL 1 "=4' ~;~~ =~=" 40 30 20 - ~~ F.E• z ' i~INV=3 366 RRSP # ~ ~ ~~ - - ~~~-- 05/31/2007 15:17 910-346-1210 JOHN PIERCE SURVEYOR PAGE 02 Street Design Page Z Tabie 2.02 Minimum Herren+al Curvp Rarlll Classll'iCation Minimum Radii Major Thoroughfare 600 Minor Thoroughfare 310 Collectors 310 Minor. Marginal 230 Cul-de-Sac 230 A tangent o'f not less than one hundred (100) feet shall be provided between reverse curv~:s on all streets. 2.3.2 Intersections Street intersF~ctions shall be designed in the following manner: A. No more than two streets shall intersect at one point. B. Streets shalt intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle of less than 75 degrees. C. Street jogs with centerline offsets of less than 125 feet on minor and major thoroughfares are prohibited. D. Property lines at street intersections shall be rounded with a minimum radius of twenty (20) feet. E. Intersections with a minor thoroughfare shall be at least 600 feet apart_ F, Intersections with major thoroughfares shall be at least 1,000 feet apart. All proposed connections to NCDOT roads shall meet the applicable criteria of the NCDOT "Subdivision Roads Minimum Construction Standards,° latest revision, and the "Policy on Street and Driveway Access to North Carolina Highways," latest revision. 2.3,3 Cul-de-Sacs Permanent d~~ad~nd streets, or cul-de-sacs, shall be no longer than 750 feet and shall be provided with a tum around at the closed end_ The length of a cul- de-sac shall be measured from the centerline of it's' intersection with a road with multiple points of access to the centerline intersection of the vehicle turn around as shown in standard detail 401.02. 2.3.4 Blocks A. Proposed Use: Blocks shall be laid out with special consideration given to the type of land u^~e proposed within the block_ B. Length: Blocks (streets providing multiple points of access, NOT cul-de-sacs) shall not excc~ed 1,500 feet in length nor shall they be less than 500 feet in length, as measured from centerline to centerline. City of Jacksonville, NC -Manual of Specifications, Standards i3 Design June 2006 Received Time May, 31. 3:12PM 0,6/04/2007 08:33 910-346-1210 JOHN PIERCE SURVEYOR JOHN L. PIERCE & ASSOCIATES, P.A. LANb SURVEYING • LAND PLANNING • MAPPING OFFICE: 910-346-9800 FAX: 910-346-1210 E-MAIL: bettyb®jipnc.com P.O. Box 1685 or brianj~jlpnc.com Jacksanvllie, NC 28541 DATE: l0 - ~` D PAGE 01 409 Johnson 91vd. Jacksonville, NC 28540 FAX NO. (910) 346-1210 To: K2~~5~+~ FxoM: ~ ~~ ~ ~J NUMBER OF COP]FS INCLUDING'~IS PAGE x~Maxxs: ~OUfrGll~ 1`~I~u~~s ~~S Q~u~~~~~ LOTS. FARMLAND AND WOODLAND SL~EYIN(3 • SfiE PIANNING • SUBDMSION LAYOUT • LAND DE1/ELOPMElJT PLANNING CONSTRUCTI~~N BUFiVEYING • TOPOQRAPMC SURVEYING AND MAPPING Phe~e I Ern~ironmental Audit / Rlsk Assessment Received Time Jun, 4. 8:28AM 0~~04/2007 08:33 910-346-1210 ` 2007/06/01 15:58:05 JOHN PIERCE SURVEYOR PAGE 02 Powered by Lightningf`Ax Page:ll/17 Coluicil Regular Meeting Minutes lufay R. 2007 Page 11 A. tuotion was nladc; Uy Councilman Manta, s~:conded by Councilman Blount, and unanul~ottsly adopted to approve the Growth Managem..ent Plan with the amendmEntc to Policy Staterneats 5.2. 14.1, 3.2 and 17.6. as recomnaen.ded by Platuaing Board. PRELIM1NAIt~c' ANT) GENERraI,PLAN - kFNSINGTON PAR.k ti, AT WILLIAMSBUl?G PLANTATION, .iOHN KOENZG, INC. Jolv~t Koenig, Inc. had subrr;uitted a Preliminary anal Genera] P11n request for the division of 22.44 acres into 53 lots, wlaicll included 49 buildable lots, two fitture lots, and two l.otg desibaated for stormwater prnada. ~1us site was located vff of Guui Branch Road and adjacent to Westera Boulevard (Future 1`lorthwest Corridor). City staff had reviewed the Prelim.i.nary and C,'reneral Plan and. determined that it did meet al.l applicable City statadarda. 'Ibis project would impact ilia City s sewer allocation; la.owever tl~e developer was not requesting sewer allocation at thi s ti_nnc, Ms. Sltanelle Bullock, City Planner, gay e a brief overviEw of the request and pointed out the following recommended c~~nditions: 1.. Applicant provide an additional street connection through lot 47 to u~adeveloped property owtaec(by Mr. Koenig to south; and 2. !lpplicant constrict Weatherford Drive to the end of the property limits with the temrorary tum:~rottnd located nn the adjacent property owned by Mr. Itoenig. Couucilrnan Maau~ pointed out that the nortlaea~~t connection. (Weatherford Drive) was sla.own as a reel de sac with. a future connection_ He ask~;d if this cot~necti.on could also be stubbed out so that homehuyers would know in advance that this would be a througkt strcc"t. Mr. John Pierce, repre,eiating the developer reported that the area crossed over wetlands and it would require era indivi.c[ual pernut wlvch could tike a year to receive. Councilman Mane expressed concern that reside~ate buying these lots ~niglrt do so unaware that tlic cul de sac w~~ul.d eventually become a though street connection. He aglced if it would be possible to shtU tla~~, road out at least to the bow~dary of the wetlands so that tla.ose homebuyers would be a.wara tl.~at a future contection was platuied in the area Mr. Piero agreed that extending tlae road to thr, wetlands bouidary would not be a proble,a atad the developer would amend the plan to slow tl~.at uitercotuzection as well as the connection tluough lot 47. ~, motion was made b}' Councilman Lazzara and seconded by Cottncil Member Colet:nan to approve the preliminary a~~.d general plan. conditioned upon the applicant receiving sewer allocation and revising the plaits in accordane~ with the followi~.lg Council conditions 1) provide ~•~ ~b~~04/2007 08:33 910-346_-1210 JOHN PIERCE SURVEYOR PAGE 03 %~ Powered by LighttlingFAX Page:lz/7-i 7/06/01 15:58:05 ~f, ~' Council Regular. Meeting Minutes / May S, 2007 r PagE 1.2 an additional. street connection (Winterlochen Drivr:) through lot 47 to the adjacent Lu~deve~opeo property, and 2) constcuctlexrt-'nd Weather.Eord Drive up to the nvztheastent edge of wetlan a ' ernut and provide a temper. ry tl,e greatest er~terrt passible without requiring a LAMA p ttm )the connection will happe~1. turnaround until the property ~:o the north is developed at which Mayor Pro-Te~Y- ]3ittner suggested a sign be placed at the end of the stub outs advising "Future Gonnection to nalrae. ~ f street "for. residents and prospective buyers information. A vote was t<11ten on the motion as previously statEd and was approved ru~uli~iiously. __ _..~ , . ,, t r . wTT-- r'!~A1'CD n T PT . AN _ TRACT II. DELTA INVESTORS INC. Delta Investors, Inc, had requested approval of a PrelituinarY and Ge~~eral 1'l1n for the division of t0 acres into two lots. This site vwfls located at the corner of Western }3oulevard and Brancliwood Drive (Future Vi,'estern Parkway). City staff had reviewed the Preliminary and General Plan a~~d determined that it met all applicable City standards. This project would not impact the City's sewer allocation. Pluming $oard and staff recommend approval of the Preliminary al~d General Plan conditioned upon the submission of a voluntary annexation - petition priorto the submission of a final plat. In response to council questions, Mr. Ryan Kui.g, Senior Planner. reviewed the displayed neap and reported that the developers plan identified and reserved the; area that were shown as r. fight of way for the alignment of the failure «Iestcrn. Parkway, which wag one of the three options NCDOT la.ad proposed for the etirtension of the PIwy 17 BypaSS. A motion was made by Mayor Pro-Tem I3ittner, seconded by Counci.I.t1~an Lazzara:. and wi~tninaously adopted to aa~prove of the Prel.irninary and General. Plan conditioned upon the subrz-i.ssion of a voluntary at~ne:uztion petitio~~ prior to the submission of a final plat. COMMERCIAL DZJMPSTER COLLECTION SERVICE CHANGES Tl~.e Commercial Di.unpster Gollectirnz Service was due to expire on June 29, 2007. T1~e City had solicited bids f~~r tbia service and had included an option for the initiation oaf con>»ierci.al recycling service. Lasing the attached PowerPoint presentation, var. Kerry Terrell, City Sa~utatior~ Superintendent, reviewed in detail the Commercial Dempster Service options, costs, and staff rccommen~lation. Following the review, Mr. Terrell sutrunari~.ed the options as follows: C~] Provide a written description of the proposed impacts: At Wetlands Crossing #1, the subidivision road will cross a wetland drain and stream. The construction corridor will be cleared using mechanized land clearing The stream will be piped with X76 feet of 54 inch pipe (buried 12") followed by 10 linear feet of rip-rap scour pad The wetland and culvert will be backfilled with about 1210 cubic yards of t~soil fill to support the road. Headwalls and a 3.1 side slope will be used to stabilize the fill. ^ '+°'" ?~'~'~ f °t of ~=rea:== E-Bi~S~r~1•E-t~0 Tl + + h ~ • „ ,- - - - - --- a ~ + + fit Y •1 ~ Wetlands Crossing,#2 the head of a wetland drain will be filled with about 90 cubic yards of topsoil fill to support the road 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, cPnarately list imnacts clue to both structure and flooding. -- -- ---~ r - - Located within Distance to Area of Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) I Mechanized clearing, Forested no adjacent &~ 09 0 fill, culvert . 2 Mechanized clearing, Forested no 90 0.0083 fill, Total Wetland Impact (acres) n 0.0983 3. List the total acreage (estimated) of all existing wetlands on the property: 1.25 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma ) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) 1 UT Culvert Perennial 4 ~6 76 B-AIl88 0.0070 I UT Rip-rap scour pad Perennial 4 10 0.0009 -t I~ ~~-}=- o,.,,.,.,:.,oa ~.,,,a c-1ea~g peret~ia-1 4 -1-8 8-99(x} 1 'T L ~~ o,.~,~.,:-,o~ ~.,..a 4 a-8 0_-A884 -I - - ~~ Total Stream Impact (by length and acreage) 106 perm 20 temp A-0-1-1 0.0079 Updated 11/1/2005 Page 8 of 13-1-3 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to ftt Pxcavatinn ~1rPrlaina_ flnndin~_ drainage. bulkheads, etc. ~~_~, .,.__ Open Water Impact Site Number ._.~_----~ ----a---o~ Name of Waterbody w Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, Area of Impact (indicate on ma) (if applicable) ocean, etc.) (acres) NA Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 9:8-~-~~ 0.0079 Wetland Impact (acres): ~:-1~-~ 0.0983 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 8~?3-8 0.1062 Total Stream Impact (linear feet): ~9g- 86 permanent o n-~-~~~~Pv~~ 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. NA 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and. stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The road at wetland crossinP #1 was designed to cross nearly_~erpendicular to the stream and wetland and at a narrow point of Updated 11/1/?005 Page 9 of l;-l~ the drain to minimize impacts Further minimization of impacts was accomplished by usin;; headwalls instead of fill slopes alone. Lot lines have been sited along wetland drains to avoid wetlands Silt fencinQ_ will be installed and maintained along the perimeter of the construction area to prevent offsite sedimentation of the wetlands. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version.). 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation for unavoidable wetland impacts is proposed as payment to the NC Ecosystem Enhancement Program-and preservation of undisturbed wetlands in the subdivision covenants Updated 11/1/2005 Page 10 of 13