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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 Farrell determined the wetlands were adequately restored and the NWP 39 was revoked.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 Q-1 V Mill �< i ,ptord Rd SE M09 Bran", 3� S 8i W Bowling SP, % t 01.11 swamp L:IWETLANDS12014 WETLANDS FILES140 -14 -120 *Boundaries are approximate and are not meant to be absolute. Map Source: ArcGIS World Street Map p/ry M,, k- -dot For ^� iJOltt. Boning '� rtry L!rka Q-a S ring= N Lake O gQ 4 `c0 = L�Roa JUN 2 0 2014 - WA tiVA a OUALITY ! c, 4 o� Sources: Esri, DeLorme, NAVTEQ, USGS? Intermap, iPC, NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2012 Hwy 87 BSL, George Moncrieff\Maps SCALE 1" = 1 Mile .l.■ 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 Lakes Bo�linq Spring L.*es Country Club i �Dr Country lilt' •sic v ��� 1 c, 4 o� Sources: Esri, DeLorme, NAVTEQ, USGS? Intermap, iPC, NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2012 Hwy 87 BSL, George Moncrieff\Maps SCALE 1" = 1 Mile .l.■ 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 -- e-T f dy 46 L: \WETLANDS\2014 WETLANDS FILES \40 -14 -120 - -- Hwy 87 BSL, George Moncrieff\Maps `Boundaries are approximate and are not meant to be absolute. 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 • Impt �- ''A., ? DIY!► 'ie.. r, ,r . .may ONO, - >r SITE y. -L -- e-T f dy 46 L: \WETLANDS\2014 WETLANDS FILES \40 -14 -120 - -- Hwy 87 BSL, George Moncrieff\Maps `Boundaries are approximate and are not meant to be absolute. 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 Boiling Spring Lakes LMG NND MANAGEMENT GROUP ..� George Moncrieff _ �m•�,,,«_, .,,,� Figure 3 www.WlGroup.net Soils Map Brunswick County, NC Phone: 910.452.0001.1.866.LMG.1078 June 2014 Fax 910.452.0060 3805 Wrightsville Avenue 40 -14 -120 1 Wilmington, NC 28403 ," y . �, 4�4 ,• r "� .j� Y. � � � ' • 1 w • S � ' . �� � + � ,_ ' - 'F ' _ 4 •4 • � °i_ si 7 � l � � � � -. � a r � � . F �- _ + -c - � _ � f i y � 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 r r r -2- 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