HomeMy WebLinkAbout20140626 Ver 1_More Info Received_20140620LMG
LAND MANAGEMENT GROUP mc.
Environmental Consultants
June 18`h, 2014
TO: Ms. Emily Hughes
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: NWP 39 Application
Highway 87; Lot 13, Sect. 25W, Boiling Spring Lakes
Mr. George Moncrieff
Action ID# SAW- 2005- 01049 -001
Dear Emily:
?J�140b210
JUN 2 0 2014
61W -_WAM_Q_U_A_LTfY
Enclosed is a NWP 39 application for your review. This application is submitted on
behalf of Mr. George Moncrieff for the construction of a multi -use commercial building and
associated parking area within his tract, which is located off of Highway 87 in Boiling Spring
Lakes (Brunswick County), NC. In 2005, Mr. Moncrieff received a Notice of Violation for this
site from Mr. Tom Farrell with the USACE. The applicant applied for and received a NWP 39
for 0.5 acre of wetland impact in order to resolve the NOV and build on the property. After
issuance, he decided to restore the impacts instead of build on the site. Mr. Farrell determined the
wetlands were adequately restored and the NWP 39 was revoked. Mr. Moncrieff now wishes to
build on the property, but with a much smaller building footprint than previously authorized.
Only 0.027 acre of wetland impacts are needed to construct a 60' x 90' building pad and side
slope.
The Pre - Construction Notification form, associated maps, and site plan are enclosed for
your review. Because wetland impacts are so small, no compensatory mitigation is proposed.
Please contact me if you have any questions. Thank you for your assistance with this project.
ML-L
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. George Moncrieff
Mr. Chad Coburn, NC DWR
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
O�OF W A 7�9'q
�? r
o c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
A.
Pre - Construction Notification (PCN) Form
Applicant Information
(XR ME no
JUN 2 0 2014
1. Processing
1 a. Type(s) of approval sought from the
Corps: ® Section 404 Permit ❑ Section 10 Permit
Storm r Brand,
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
®Yes
❑ No
1 d.
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
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
[:]Yes
® No
2.
Project Information
2a. Name of project:
NC 87, Lot 13, Sect. 25W, Boiling Spring Lakes
2b.
County:
Brunswick County
2c.
Nearest municipality / town:
Boiling Spring Lakes
2d. Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
M & M Rentals & Development Corp.
3b.
Deed Book and Page No.
2814 0001
3c.
Responsible Party (for LLC if
applicable):
c/o Mr. George Moncrieff
3d.
Street address:
310 Charlestowne Road
3e. City, state, zip:
Boiling Spring Lakes, NC 28461
3f.
Telephone no.:
(910) 262 -6074
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
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
Ag
Fax no
4h
Email address
5.
Agent/Consultant Information (if applicable)
5a
Name
Kim Williams
5b-
Business name
(if applicable)
Land Management Group, ,Inc
5c
Street address
3805 Wrightsville Avenue, Suite 15
5d
City, state, zip
Wilmington, NC 28403
5e
Telephone no
(910) 452 -0001
5f
Fax no
(910) 452 -0060
5g
Email address
kwilliams @lmgroup net
Page,2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID)
1560000702
Latitude 340399 °N Longitude -78 0787 °W
1b Site coordinates'(in decimal degrees)
(DD DDDDDD) ( =DD DDDDDD)
1c Property size
5 acres
2. Surface Waters
2a, Name of nearest body of,water (stream, river, etc) to
UT to Boding Spring Lake
proposed project
2b Water Quality Classification of nearest receiving water
C, SW
2c River basin
Cape Fear
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
Site,is currently undeveloped and,forested Adjacent land use is undeveloped or residential
3b List the total estimated acreage of all existing wetlands on the property
Approximately 4 4 acres
3c Listathe total estimated linear feet of all existing streams (intermittent and perennial) on the property
N%A
3d Explain the purpose of the proposed project
The purposefof the project is to construct a multi -use commercial building and associated parking area within the site
3e Describe the overall project in detail, including the type of equipment to be used
The applicant proposes to construct ,a� budding and associated gravel parking lot within the tract Fill ;material, will be
trucked in to the area as needed for construction A track hoe and bulldozer will be used to level spoil material Silt fences
will be used to reduce erosion into adjacent wetlands
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State lbeen requested,or °obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b If the °Corps made the jurisdictional determination, what type
❑ Preliminary, ❑ Final
of determination was made?
4c If yes, who delineated the-jurisdictional areas?
Agency /Consultant ^Company
Land Management Group, Inc
Name (if known) Wes Fryar
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
The wetland lin e was approved by Mr. Tom Farrell of the USACE in 2005 That JD expired and, LMG has re- delineated the
site Wes Fryar recently submitted a JD request to,Emily Hughes of the USACE
5. Project History
-
5a Have�permits or certifications been requested',or obtained for
t
® Yes ❑ No ❑Unknown
this project (including all prior phases) in the past
5b If yes, explain in detail according to "help file" instructions,
Mr Moncneff received a Notice of Violation for this site in September of 2005 (Action ID 2005- 01049 -001) from Mr Tom
Farrell with the USACE The applicant applied for and received a NWP 39 for 0 5 acre of wetland impact in order to
resolve the NOV and build on the property After issuance, he decided to restore the impacts instead Mr Farrell
determined the wetlands were adequately restored and the NWP 39 was revoked
Page 3 of 10
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
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 ❑ T
Fill
Non - riparian
® Yes
❑ No
No
® Corps
®DWQ
027
W2 ❑ P ❑ T
❑ Yes
'❑ Corps
❑ ,No
❑ DWQ _
W3' ❑'P ❑ T
❑ Yes
❑,,Corps
❑ No
❑ DWQ
W4 ❑ P [:IT
❑ Yes
❑ Corps
❑ No,
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ fDWQ
2g. Total wetland impacts
002.7
2h Comments
3. Stream Impacts N/A
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
❑ PER
El Corps
S2 ❑ P ❑ T
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page,4 of 10
4. Open Water Impacts: N/A
,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'im acts 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
04E] P 0 T
4f. Total open water impacts
4g ° Comments
5. Pond or Lake Construction: N/A
If' and orilake_construction proposed, then com lete the chart below
,5a
5b,
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded,
Filled
Excavated
Flooded
P1
P2
5f. Total
5g Comments -
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface,area (acres)
5i Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ): N/A
If project will impact,a protected riparian buffer, thencomplete the,chart below If yes, then individually list all buffer,impacts
below If'any impacts require mitigation, then ou MUST fill out Section D of'this form
6a.
❑ Neuse El Tar-Pamlico El Other
,Project is in which protected basin?
❑ Catawba ❑ Ran dlemari
,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)
Tei_n_ uiat T
uri-act
required?
El Yes
B1 ❑P ❑T
❑ No
El Yes
B2 ❑P ❑T
❑ No
❑ Yes
B3 ❑ P ❑`T
❑ No
6h Total buffer impacts
61 Comments
Page 5of10
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la
Specifically describe measurestaken to avoid or minimize the proposed impacts in designing project
The large,front setback,and the overall amount of wetlands within the tract makes,complete avoidance of wetlands
difficult The proposed budding footprint was reduced in order to minimize wetland impacts as much as possible while still
maintaining an economically viable project Proposed impacts are much'less than previously requested, and authorized
1 b
Specifically describe measures taken to avoid or minimize the-proposed impacts through construction techniques
Silt fencing will be installed to prevent erosion into adlacent,wetland areas
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 al[that apply)
❑ DWQ ❑ Corps
2c
If yes, which mitigation option will,be used for this
project?
❑ Mitigation bank
El Payment to in- lieu,fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank: N/A
3a
Name of Mitigation Bank
3b
Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4.
Complete if Making a Payment, to] n-I ieu Fee Program: N/A
4a Approval letterifrom,m -lieu fee program is attached
❑ Yes
4b
Stream mitigation requested
N/A
4c
If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
,N /A square,feet
4e
Riparian wetland mitigation requested
N/A acres
4f
Non - riparian wetland mitigation requested
N/A acres
4g
Coastal (tidal) wetland mitigation requested
N/A acres
4h
Comments
5.
Complete if Using a Permittee Responsible Mitigation Plan: 'N /A
5a
If using -a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 1 3 December 10, 2008 Version
Stormwater Management and Diffuse Flow Plan (required by DWQ), continued
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 ® No
buffer mitigation?
6b If yes, then identify the square feet of impact to each zone of the npanan buffer that requires mitigation Calculate the
amount of mitigation required N/A
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:
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)
NIA
6h Comments, N/A
Page 7 of 10
Stormwater Management and Diffuse Flow Plan ('required by DWQ), continued
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a
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?
—5%
2b 'Does this project require a Stormwater Management Plan?
❑ Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
Applicant,is currently'working with Brunswick County to ensure that stormwater requirements are met
2d
If this project,DOES require a Stormwater,Management Plan, then provide a brief, narrative description of the plan
® Certified Local Government
2e
Who will be responsible,for the review of the Stormwater, Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 ,Urnt
3
Certified Local Government,Stormwater Review:
3a
In which local government's jurisdiction is,,thi's project?
Brunswick County
❑ Phase II
3b
Which of the following locally - implemented stormwater,management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review: N/A
❑ Coastal counties
❑ HQW
4'a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 =246
❑ Other
4b
Has °the approved Sto-rmwater Management Plan with proof'of approval been
❑ Yes No
❑
attached?
5.,
DWQ +401 Unit Stormwater Review: NIA
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'8 of 10
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
Does the =project involve an expenditure of public (federal /state /local) funds of the
❑ Yes
® No
use of public (federal /state) land?
11b
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)?
1c
If you answered "yes" to the above, has the document review been finalized by °the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
[:1 No
letter)
Comments
2.
Violations (DWQ Requirement)
2a.
Is the ,site in Violation of DWQ Wetland Rules (15A NCAC 2H 0500)', Isolated
Wetland Rules (15A NCAG 2H' 1300), DWQ Surface Water or Wetland Standards,
❑"Yes
® No
or Riparian Buffer Rules (15A NCAG 2B 0200)?
2b
Is this an after - the -fact permit application?
❑'Yes
® No
2c
If you answered "yes" to one or both of the aboverquestions, provideran explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
r
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
Project will not provide access or utilities to adjacent tracts
4.
Sewage! Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment methodsrand disposition (non - discharge or discharge) of wastewater generated from
,the proposed project, or available capacity of the subject,facility,
Tract will tie into municipal system
Page 9 of 10
PCN Form— Version 1 3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b Have you checked with the USFWS concerning Endangered Species,Act
❑ Yes ® No
impacts?
❑ 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?
According to the BSL website, the project area is not located within a known red - cockaded woodpecker cluster, however, the
tract has been Identified as needing further review The propose&impact area Was cleared ofimuch of Its vegetation several
ears ago and would not provide,appropriate habitat for RCWs
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data'sources did you use to determine whether your site would Impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat,Mapper GIS program was used to determine the presence of Essential Fish
Habitat According to their records, the project area is not classified as EFH
7. Historic or Prehistoric Cultural Resources (Corps, Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
govern ments,have designated as having historic or cultural preservation
❑ Yes ® No
status (e g , National Historic Trust designation or properties significant in
'North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural,or historic resources No resources are known to occur within or nearthe site
8. Flood Zone Designation (Corps Requirement)
8a WIII this project occur in a FEMA - designated 1,00 -year floodplain?
❑`Yes ® No
8b If yes, explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? The NC'Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain
Kim Williams
is
L
06/18/2014
Appllcant/Agent's Printed Name
Appllcant/Ageni's,Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 10 of 10
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I /we, the undersigned, 'hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the 4t'S site. All questions in regards to this project should be
directed to Land Management Group, Inc.
Sincerely,
Owner /Applicant
T Print Name
k/ (�
Date
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www.LMGroup.net Vicinity Map
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Hwy 87 BSL, George Moncrieff\Maps
SCALE 1" = 1 Mile
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Highway 87 Tract LMG
Boiling Spring Lakes xND MANAGEMEW GROIV
George Moncrieff Figure 1
www.LMGroup.net Vicinity Map
Brunswick County, NC Phone 910.452.0001.1.866 LMG.1078
June 2014 Fax 910.452.0 060
3805 Wrightsville Avenue
40 -14 -120 1 Wilmington, NC 28403 1 j
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Highway 87 Tract
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George Moncrieff ��m•���, Figure 2
wuvw.uVlGroup.net USGS Topographic Map
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June 2014 Fax 910.452.0060
3805 Wrightsville Avenue
40 -14 -120 1 Wilmington, W 28403
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Map Source: USGS Funston Quadrangle 7.5 minute SCALE 1" — 600'
Highway 87 Tract
Boiling Spring Lakes LMG
AND MANAGEMENT GROIN „
George Moncrieff ��m•���, Figure 2
wuvw.uVlGroup.net USGS Topographic Map
Brunswick County, NC Phone: 910.452.0001.1.866 1MG.1078
June 2014 Fax 910.452.0060
3805 Wrightsville Avenue
40 -14 -120 1 Wilmington, W 28403
L:IWETLANDS12014 WETLANDS FILES140 -14 -120 - -- Hwy 87 BSL, George Moncrieff\Maps
Legend
*Boundaries are approximate and are Lo: Leon fine sand
not meant to be absolute. CT: Croatan muck
Map Source: NRCS Soil Survey GIS layer.
SCALE 1" = 150'
Highway 87 Tract
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George Moncrieff _ �m•�,,,«_, .,,,� Figure 3
www.WlGroup.net Soils Map
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June 2014 Fax 910.452.0060
3805 Wrightsville Avenue
40 -14 -120 1 Wilmington, NC 28403
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NOTE: This is not a survey. All boundaries and distances are considered approximate.
This represents a preliminary sketch prepared from field notes. A survey of delineated
areas and review and approval by the US Army Corps of Engineers is recommended prior
to specific site planning.
Map Source: 2012 NAPP Aerial Photography
T%MMMMEE�
SCALE 1" = 50'
Highway 87 Tract
Boiling Spring Lakes LMG E MENT GADVP Figure 5
George Moncrieff ° °m•�' ° " ° °' ° "°
vmw.LMGroup.net Site Plan showing proposed
Brunswick County, NC Phone 910.452.0001.1.866.LMG.1078 wetland impacts (0.027 ac)
June 2014 Fax 910.452.0060
3805 Wrightsville Avenue
40 -14 -120 1 Wilmington, W-28403
June 5, 2007
Regulatory Division
Action ID NQ. 2005-01049,001
George and Polly Moncrieff
310 Charlestown Rd ad
Boiling Spring Lakes, North Carolina 28461
Dear Mr. and Mrs. Moncrieff:
This letter,is in regard to, a wetland violation,we documented on your property at your 5 -acre
vacant commercial tract on lot 13, 8ection 25 W, which is along the southern side of NC 87 in
Boiling Spring Lakes. Bruns ,,Pick County, North Carolina. The site is hydrologically connected
to Boiling Spring rake, which is. a regulated water of the United States.
The referenced violation consisted of unauthorized fill and mechanized cle4ring in
jurisdictional wetlands, for which we submitted to you a notice of violation on September 13,
2005. On December'27, 2006, we authorized the referenced wetland work-in accordance with
Nationwide Permit 39. Thepermit required mitigation to offset the, adverse effects of the fill.
On,February 20, 2007, Mr. Moncrieff notified us that he no longer desired to keep the fill
and other soil disturbance on site and agreed to restore the violation_
On May'22, 2007, I inspected the property and determined that the violation had bean
satisfactorily resolved. The fill had been removed and the.disturbed areas had been re- graded
and seeded for,stabilization,
Since the site,has been restored, the authorization we issued on December 27, 2006, pursuant
to Nationwide Permit 39 is null and void. Accordingly, no farther action will be taken in this
matter and our file is deactivated.
Please`be aware that additional unauthorized work by you of similar nature in jurisdictional
waters may be considered a.willful and intentional violation of Federal law and may result in
immediate referral of the: matter to the U.S. Attorney with recommendation for civil
prosecution.
In
MA
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Thank you for,your time and cooperation in resolving this matter. If you ha�e.any questions
or comments regarding this letter, please contact me at (910) 251 -4466.
,F1LENAME:MonerieffGeorge001049 satisre5t.6a
Sincerely, CESAW -RG; L/FARRELL /9'
MAIL
CFSAW- RG/F1LE
Copy Furnished:
Danny Smith
T1,C. Department,of Environment
and Natural; Resources
Post Office 13ox 27637
Raleigh, I-�Torth Carolina 27611
Blind'Copies Furnished:
CESAW- RG- L/HARRIS
CESAW- RG- L/FARRELL
CESAW- OC/MCCORCLE
Thomas Farrell
Project Manager
Wilmington Regulatory Field Office