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HomeMy WebLinkAbout20071580 Ver 1_401 Application_20070907HAL 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 Q 7 ~ 5 ~ $ Q E-mail: halowen@earthlink.net 7 September 2007 Ms. Emily Burton Wilmington Regulatory Field Office p ~ ~ ~~ US Army Corps of Engineers ~' A I ~ Post Office Box 1890 --------- S E P 1 ~ 2001 Wilmington, NC 28402-1890 gkiV~t - VVAT~Ft QU~Li1`~° v~os ~v~ sroz!~~~r~ s~cH Reference: Pre-Construction Notification Laurenwood, Royal Woods, and Princess Gate Developments Whispering Pines, Moore County, North Carolina Dear Ms. Burton, The enclosed Pre-Construction Notification (PCN) has been prepazed for the above referenced property, which is located on the northern side of Airport Road (SR 1843), McNeill Township, Moore County, North Carolina. The area is owned and being developed by Mr. James Cothran of Dominion Development, 105 Royal Woods Way, Whispering Pines, NC 28779, and includes extension phases of three existing residential subdivisions: Princess Gate, Laurenwood, and Royal Woods, as well as future developments that are in the early planning stages. The subject property is approximately 325 acres and is within the Little River watershed of the Cape Fear River Basin (Vass and Niagra USGS 7.5 minute quadrangles; see Figure 2). Much of the property lies within the floodplain of the Little River and is characterized as being low-lying, riverine floodplain, wetland swales and depressions, freshwater marsh, and narrow stream corridors. Approximately 122 acres of vegetated wetland and 4,465 lineaz feet of stream channel were identified and delineated by The Catena Group in 2005. Field verification of wetlands and streams was conducted on October 31, 2406 (Final verification is still pending). During the summer of 2006, while attempting to construct a residential cul-de-sac, 30,492 ft2 of delineated wetland was cleared and disturbed without a permit. This violation was noted by Mr. Ken Averitte of the NCDWQ and reported to the USACE (Thomas Farrell). No formal Notice of Violation (NOV) was issued. The Catena Group was requested to prepaze a restoration plan and oversee its implementation. The restoration plan is included in Appendix A. While this area has since been restored, the decision was made to install a water line (Site 5, detailed below) as part of the restoration efforts to minimize wetland impacts. The residential subdivision plan proposes four road crossings that will permanently impact 18 linear feet of a disconnected, intermittent stream and 0.4 acre of wetlands. As is evident in Figure 4, there are areas of developable uplands surrounded by narrow strips of wetlands. Therefore, the only way to access these sites is to cross the wetlands. In addition, county regulations require two access points and connectivity for a development of this size, necessitating a looping pattern in the roadways. As a result, four crossings are proposed. These crossings have been limited to the extent practicable such that impacts to Waters of the US have been limited to 0.4008 acres (0.3% of the total wetland area). Final road cross sections have not Soil Science Investigations • Wetland Delineations, Permitting, and Consulting HAL OWEN & ASSOCIATES, INC. been completed for Sites 1 and 4, so those impact acreages are based on preliminary designs and include the entire road right of way. Therefore, once these designs are fmalized, wetland impacts are expected to be less than the projected 0.4 acres. Culverts are proposed at Sites 2-4 to allow aquatic life passage. It is our belief that the proposed impacts can be authorized by USACE Nationwide Permit 29. After-the-fact permit authorization is requested for a temporary wetland impact associated with a community water line crossing. A community water line has been installed at Site 5 in the Princess Gate Phase II Subdivision (Figure 9). Due to the geometry of development, crossing the wetland at this point provided a much more economical route than attempting to pump around the wetland. Site 5 is located within the area of disturbance that is detailed in Appendix A. While this area has since been restored, the decision was made to install the water line as part of the restoration efforts to minimize wetland impacts. Compensatory mitigation for the proposed wetland impacts is proposed as a combination of restoration, creation, and preservation of wetlands. At mitigation area A, a raised 184-foot long by 7-feet wide walkway (0.02 acre) through the wetland in the southeast portion of the property (future phase of Laurenwood Subdivision) will be removed. After the walkway is removed, the area will be graded to the level of the surrounding wetlands and planted with native tree species. Mitigation area B is a temporary sediment basin adjacent to existing wetlands that currently supports wetland vegetation and appears to have wetland hydrology. The berm will be removed and the area graded to the elevation of the existing wetland to create connectivity between the sediment basin and the current wetland. This will create a minimum of 0.5 acres of wetland. These two wetland mitigation areas and the restored wetland area at Site 5 (excluding community water line easement) will be preserved within the subdivision covenants. The covenants will maintain these wetland areas, identified as Conservation Areas A, B, and C (Figure 8), in perpetuity in their natural condition by prohibiting land disturbing activities, removal of or damage to vegetation, or disruption of hydrology. These covenants will preserve 4.5 acres of wetlands. The proposed development will only be impacting 0.4 acres or 0.3% of the total wetland area. Soil Science Investigations • Wetland Delineations, Permitting, and Consulting HAL OWEN & ASSOCIATES, INC. I trust that this provides all the information that you require to authorize the proposed impacts. If you have any questions or need additional information, please feel free to contact me at your convemence. Sincerely, ~(U(lo~.c~. ~ Jv 2~rGe'+~ Krissina B. Newcomb Project Environmental Scientist I CC: Mr. James Cothran (owner) Dominion Development 105 Royal Woods Way Whispering Pines, NC 28779 Division of Water Quality 401 /WetlandsUnit 1650 Mail Service Center Raleigh, NC 27699-1650 Soil Science Investigations • Wetland Delineations, Permitting, and Consulting ~PAIIIA Office Use Only: Form Version March OS 07-1580 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here~~~ t~ ~ ~ R Dl~ fa .~ II. Applicant Information SEp 1 ~ 2001 Owner/Applicant Information Name: James Cothran f7ENR -1MA7ER GIUi1Ll ~H L . ~. .. Mailing Address: Dominion Development 105 Royal Woods Wav Whispering Pines NC ~~, 2 8 3 a'1 ~ d Telephone Number: (910) 949-2642 Fax Number: (910) 949-2642 E-mail Address: jamescothran(c~earthlink.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Coordinating Agent: Hal Owen Company Affiliation: Hal Owen & Associates, Inc. Mailing Address: PO Box 400 Li1linQton NC 27546 Telephone Number: X910) 893-8743 Fax Number: (910) 893-3594 E-mail Address: halowen(a~earthlink.net Project Consultant: Michael Wood Company Affiliation: The Catena Groin Mailing Address: 410 B Millstone Drive Hillsborough, NC 27278 Telephone Number: (919) 732-1300 Fax Number: X919) 732-1303 E-mail Address: mwood e thecatenagroup.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Royal Woods, Laurenwood, Princess Gate Developments 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 859400541881, 859400591806, 859402559229 859402576094, 859402587260, 859402651522 859402653431 859402658453 859402660478,859402664425,859404640373,864300459149 4. Location County: Moore Nearest Town: Whispering Pines, NC Subdivision name (include phase/lot number): L_ aurenwood, Royal Woods, and Princess Gate Developments Directions to site (include road numbers/names, landmarks, etc.): From the intersection of US 1 and Camp Easter Road (at Lakeview, approximately 2 miles south of Vass NCLgo north (and then west) on Camp Easter Road for approximately 0 7 miles then turn right on Airport Road• continue north (and then west) on Airport Road for approximately 2 25 miles to Princess Gate Drive. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): Crossing 1: 35.245732°N -79.347196°W Crossing 2: 35.258151°N -79.345735°W Crossing 3: 35.257654°N -79.344690°W Crossing 4: 35.257743°N -79.348228°W 6. Property size (acres): 352 acres 7. Name of nearest receiving body of water: Little River Page 6 of 13 8. River Basin: Cape Fear (HUC 03030004) (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Residential and Wooded 10. Describe the overall project in detail, including the type of equipment to be used: The project involves four road crossings of wetland to facilitate the development of a subdivision. Equipment to be used includes, but is not limited to, bulldozers, backhoes, graders, and dump trucks. 11. Explain the purpose of the proposed work: Wetland crossings will allow access to developable land for a residential subdivision IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Un permitted wetland impact -see attached Restoration Plan (Appendix A); Jurisdictional Determination field verification -October 31, 2006 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. The lots will be serviced by individual septic systems. However, the soil investigation and permitting for each lot has not been completed, and off-site septic easements may be necessary for some lots. AccessinP these septic easements mawrequire installation of a septic suppler across a wetland area. The location and necessity of these offsite septic easements will not likely be known for several months. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Page 7 of 13 Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Wetland impacts are expected within this proiect in the form of fill and mechanized clearing. Sites 1-4 are proposed road crossings that will result in permanent fill of wetlands. Site 5 is an existing temporary wetland impact due to installation of a community water line. This area has been restored. 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, separately list impacts due to both ~tnicture and fle~clin¢ Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) 1 mechanized clearing, Forested No 5478 0 17 grading, fill . 2 mechanized clearing, Forested No 1279 0 09 grading, fill, culvert . 3 mechanized clearing, Forested No 1328 0 10 grading, fill, culvert . 4 mechanized clearing, Forested No 0 0 04 grading, fill, culvert . 5 Existing, temporary; Forested No 0 02 mechanized clearing . Total Wetland Impact (acres) 0.40 perm 0.02 temp 1. List the total acreage (estimated) of all existing wetlands on the property: 122 acres 2. 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 acrea~e_ multiply length X width- then divide by 4'~ 5F(1 Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act (linear feet) (acres) 4 Isolated UT culvert lntennittent 2 feet 18 0.0008 Total Stream Impact (by length and acreage) 18 0.0008 Page 8 of 13 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 fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 0 4. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0008 Wetland Impact (acres): 0.4 permanent 0.02 temporary Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.4208 Total Stream Impact (linear feet): 18 5. 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. None. 6. 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: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) 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. All wetlands and streams not Page 9 of 13 directly affected by the proposed activities will be protected from unnecessary encroachment. Wetlands will be protected with silt fencing near construction areas. No staging of construction equipment or storage of construction supplies will be allowed near surface waters. Wetland and stream impacts were minimized to the maximum extent practicable. Wetland impacts from road crossings were limited by reducing the road footprint and adjusting_the location of the road to impact the smallest area of wetland. Site 1 is a road crossing of the wetland which will result in a maximum of 0.17 acres of permanent fill in the wetland. If the road were to be routed around the wetland, due to restriction in road angles, four lots would be lost for development. Sites 2, 3, and 4 are road crossings of wetlands that will result in 0.09, 0.10, and 0.04 acres, res ectively, of permanent fill in the wetland. These crossings are unavoidable to provide access to developable land, meet coun requirements for two points of access, and to connect the current phase of development with future phases. Wetland impacts have been minimized by reducing the road footprint and placing crossings at the narrowest point of the wetland. 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, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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. Page 10 of 13 Compensatory mitigation is described in detail in the attached cover letter and includes 0.02 acre of on-site restoration 0.50 acre of on-site creation and 4.5 acres of on-site preservation. Preservation will be accomplished through the subdivision covenants. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 11 of 13 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The site totals 352.25 acres of which 21.83 acres are anticipated to become impervious due to roads and 218 house lots (assuming 3000 ft2 impervious areaper lot). The total impervious area is 6.2%. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will be treated through individual subsurface septic systems for each lot. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ^ See Cover Letter and Restoration Plan (Appendix A) Is this an after-the-fact permit application? Yes ^ No ^ Page 12 of 13 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ® No ^ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: There is additional, undeveloped land adjacent to the subdivision which could be used for residential development in the future. It is likely that any future development would be similar in density to this subdivision and result in impervious cover of approximately 6%. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 Date Month Y ear Owner Information Name: James W. Cothran Mailing Address: 10~ Royal Woods Way City, State, Zip: Carthage, NC 28327 Telephone #: 9I0-949-2642 Pronertv Description Project Name: James W. Cothran Address: Whispering Pines, NC PIN #: see below ZtjOM PROPERTY TO LRK OWNER ADDRESS DISCRIPTION DEEDACRAGE OEEDBOOK DEEDPAGE 1 35833 LYON, RtSDEN A HRS & AIRPORT P.D GRIER- 295.89 96E iQ9 WILSON LAND County: Moore I, James W. Cothran as owner of the above referenced property, authorize the US Army Corps of Engineers to enter the subject property for the purpose of a jurisdictional. determination. I also authorize Mr. Hal Owen of Hal Owen & Associates, Inc. to act in my behalf as my agent in processing applications for wetland certification and/or permits. Title Dat ~~~ Date Month Year Owner Information Name: Mailing Address: City, State, Zip: Telephone #: Property Descrit~tion Project Name: Address: PIN #: County: James W. Cothran 105 Royal Woods Way Carthage, NC 28327 9I0-949-2642 I, James Vij. Cothrarx as owner of the :above referenced property, authorize the US Army Carps of Engineers to enter -the subject. property for the. purpose of a jurisdictional determination. I also authorize Mr. Hal Owen ofHal Owen & Associates, Inc. to act in my behalf as my agent in processing applications for wetland certification and/or permits. Title Date Date: April 13, 2007 Owner Information Name: Mailing Address: City, State, Zip: Telephone #: Property Description Project Name: Address: PIN #: County: James W. Cothran 105 Royal Woods Way Carthage, NC 28327 910-949-2642 Loyal Woods III Whispering fines, NC LRK: 35833 Moore, North Carolina I, James W. Cothran , as owner of the above referenced property, authorize the LJS Army Corps of Engineers to enter the subject propert~T for the purpose of a jurisdictional determnatian_ I also authorize Mr. Hal Owen of Hal Owen & Associates, Inc. to act in my behalf as my agent in processing applications for wetland certification and/or permits. Title ~ ~~~~ Date HAL OWEN & ASSOCIATES, INC. Table of Figures Figure 1 Vicinity Map Figure 2 USGS Topographic Map Figure 3 NRCS Soil Survey Figure 4 Jurisdictional Map with Subdivision Overlay and Impact Sites Figure 5 Phase 3 Sediment and Erosion Control Plan (C2) with detail of Sites 2-4 Figure 6 Phase 3 Profile (C4A) with detail of Sites 2 and 3 at Scale 1"=50' Figure 7 Phase 3 Profile (C6) with detail of Sites 2-4 at Scale 1"=50' Figure 8 Plan view of Site 5 at Scale 1"=100' Figure l0a Location of Conservation Areas A, B, and C Figure lOb Close=up of Conservation Areas A, B, and C at Scale 1"=300' Soil Science Investigations • Wetland Delineations, Permitting, and Consulting s ~ Property Boundary (approximate) ~ ,,-~ ~ _ -~ ~,~~, i ~ f~ ; % t ~'' ~ > ~' '~< , i~r 0 0.25 0.5 Miles ~ s'~ ~ ~ } t~`" ~ ~ '~ ~ ~ 6t ~ `4 '' '°~ ,' ~ ~, -.._~-,..-tire ~, ~ ' '~ ~;».~` ~~,tP: Figure The 1:24,000 USGS May Zoos Catena To o ra hic Ma S`:~''e: Group P 9 p P As Shown Vass and Niagra 7.5 minute quadrangle Job No.: Moore County, North Caretjn~ ~~ ~-- i~`r~~ ~ ~04 .11 ,~ SAP 1 ~ Z007 DENR - WAl'Ff~ (1UALiTY WETLAtdI);? A,vO STO?ARvATER BRANCH The Catena Group NRCS Soil Survey Map Sheets 8 and 12 Moore County, North Carolina Date: Figure May 2007 Scale: As Shown Job No.: 2104 S~P~ g100/ YOE7 UkRR ~'VAi:~R QUALIry Vass Carthage Rd A LEE ,~ ~/~` ~~ ~ N ~s' ~ % w f 'J /........ ~~~r 3 ~r , d 5 Lakeshore ~ / f// Hardee ~n 7 N r v m J, ~n oa ` c d a j ~ J` 0 m m` ~o y o ~/~ a >. ~ c m a ,` r J J~ U ~ ~s -r Q~< O Morning GiO m~ 'm ~`~ ~ d SR#1843 ~ ~ o` 0 Property Boundary (approximate) Streams u~ Roads G 0 0.25 0.5 Miles ~ ~` ~ I i I a SAP 1 ~ LOOI la~!~!R - WA7~F~ (~i1A.UT1` Y~ETlAhiO:~ ~~-lJ ;rn~7~~re,T~:+? 3R.4~;C~; r 07- 1 5 80 DECLARATION OF PROTECTIVE COVENANTS ROYAL WOODS SUBDIVISION PHASE III THIS DECLARATION OF PROTECTIVE COVENANTS made and entered into this 7th day of September, 2007, by James W. Cothran, Jr. of Moore County, NC, hereinafter referred to as "Declarant"; WITNESSETH: WHERREAS, the Declarant is the owner of a certain tract or parcel of land situated in McNeill Township, Moore County, North Carolina, a portion of which parcel has been subdivided into lots which are more particularly shown on that certain plat entitled "ROYAL WOODS SUBDIVISION, PHASE III"; dated the day of , 2007, prepared by Registered Surveyor, and which plat is recorded in Plat cabinet ,Slide ,Moore County Registry, to which map and its recordation reference is hereby made for a more complete, accurate and particular description of said property, and the Declarant does now desire to subject the said lots to those certain protective covenants hereinafter set forth, and WHEREAS, the lots shown and designated on the plat herein above referred to are made subject to the restrictions and covenants hereby declared for the purpose of insuring the best use and most appropriate development and improvement of the subdivision, and to protect the owners of the lots against such improper use of surrounding lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said lots to guard against poorly designed and unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on said lots; to secure and maintain proper setbacks from streets, and adequate free spaces between structures and in general to provide adequately for a high type and quality of improvements of said property, and thereby to enhance the value of investments made by purchasers of lots therein; NOW, THEREFORE, the Declarant hereby declares that lots numbered through ,inclusive, as shown and designated on the aforesaid plat, shall be single-family residential lots only and shall be held, transferred, sold and conveyed subject to the following protective covenants: 1. The lay of the lots as shown on the recorded plat shall be adhered to and no lot or group of lots shall be subdivided so as to produce a greater number of smaller lots. However, lots or portions of lots producing a lot in greater size than the average lot of the subdivision may be combined into a single curtilage and home site for the erection of a residential structure, and the restrictions hereinafter set out as to setbacks shall apply to the outside boundary lines of the combined curtilage. As to any lot or lots that has not been sold by Developer, Developer reserves the right to re-subdivide any such properties, of course any subdividing will have to be in accord with the zoning ordinances in effect at such time. 2. Declarant reserves the right to petition for the annexation of lots through into the Village of Whispering Pines. 3. Except as provided in #3 below, no structures shall be erected, altered, placed or permitted to remain on any residential lot other than one main dwelling and a detached garage. No duplex house ormulti - familyapartments may be constructed or used on said premises. No structure can be rented separate from the main dwelling. The dwellings constructed on any lot in this subdivision shall be single family residential dwellings only, and no multi-family groups may reside in or occupy any single family residence located on any lots in this subdivision. The ordinances and regulations of the Village of Whispering Pines shall prevail to the extent that they are more restrictive. 4. No building, tool shed, chain link fence or any fencing of any type may be erected or placed on any of said development without approval of the Architectural Control Committee and the Village of Whispering Pines Ordinances. Additional lighting requiring installation of power poles may not be erected without the permission of the Architectural Control Committee. 5. All areas indicated as streets and easements on said plat are hereby dedicated to public use as such use forever. The Developer will maintain the streets until such time as they are accepted by the highway Department, or the Village of Whispering Pines, as the case may be. 6. No residential structure shall be located on any lot less than forty (40) feet from the front lot line and no building shall be located less than twelve (12) feet from any side lot line, and no building shall be located less than fifty (50) feet from the rear lot line, The setback as to side lot lines on a side street is fifteen (15) feet. 7. No residential structure which has no area of less than one thousand eight hundred (1800) square feet heated area, exclusive of porches, shall be erected or placed on any lot, If the residential structure is a two-story building, it shall have not less than eleven hundred (1100) heated square feet on the ground floor in accordance with the ordinances of the Village of Whispering Pines. 8. No noxious or offensive trade or activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No billboards or signs shall be erected or maintained on the premises, no business activity of any kind whatsoever, which shall include, but not limited to, the use of any residence as a doctor's office or professional office of any kind, a fraternity house, a boarding house, antique shop or gift shop, shall be carried out upon any lot. ,~ .. 9. No automobile or other motor vehicles may be dismantled unless housed in an approved structure. No mechanically defective or currently unlicensed motor vehicle shall be stored, placed, or allowed to remain for more than ten (10) days. No junk motor vehicles shall be placed, stored, or allowed to remain on any lot within this subdivision outside of approved structure. 10. Any trailer, boat, and/or playground equipment, shall be parked or placed in the rear of any lot. No trailer boat, motorized home, mobile home, recreational vehicle, or the like, shall be occupied for any length of time for any purpose. Any motorized home or recreational vehicle may not be stored on any lot unless garaged. Motor homes and recreational vehicles, not garaged, may not remain on any lot for more than three (3) days. Any boat or trailer kept on any lot shall be garaged or kept in the back yard, out of sight from the street. If the Village of Whispering Pines has more restrictive ordinances, the more restrictive of these covenants or the Village's ordinances shall apply. 11. No animals or poultry of any kind, other than normal household pets, shall be kept or maintained on any lot in this subdivision. No animals or pets that are otherwise allowed to be kept or maintained on any lot in this subdivision shall not be allowed to run free or unrestrained, and the owners of any such animal or pet shall be responsible to any damaged party for damages or losses caused or resulting from allowing its animal or pet to run free and unrestrained within the subdivision. 12. No mobile home or trailer home shall be placed, erected or constructed on any lot within the subdivision. 13. The interpretation and decisions that may be necessary in connection with Royal Woods shall be made by and through the Architectural Control Committee which shall be appointed by the Developer (Declarant) or his designee. The initial ACC shall be the Declarant and/or his designee(s). If there be no Architectural Control Committee thusly named and appointed for a period of ninety (90) days, any vacancy or vacancies not filled within said time in the manner afore indicated, shall be named and appointed by a majority vote of the lot owners with each entitled to cast one (1) vote. No building or construction of any kind whatsoever shall be put, placed or built upon any lot until the plans for the same be approved by the Architectural Control Committee in writing. Plans submitted to the Committee which remain un-responded to in writing from the Committee for ninety (90) days after receipt by the Committee of said plans shall be deemed to be approved. All foundations shall be brick unless this provision is waived in writing by the Architectural Committee. To say again, all foundations of all dwellings shall be brick unless this provision for brick foundation is waived in writing. If plans are submitted wherein there will not be a brick foundation, this fact must be called to the attention of the Architectural Committee along with a written request for a written waiver of this provision for brick foundations. 14. Such designated park area(s) as required by the Village of Whispering Pines ordinances shall be provided by the Developer (Declarant); and, Developer shall also provide and maintain such areas and ponds as required for erosion control. After five years or when ten (10) lots have been sold, whichever occurs later, the then current homeowners shall form a homeowners association and accept title and responsibility for said property. Developer reserves the right to substitute other land for park and erosion control areas, subject to the approval of the governmental unit in question. The Developer will maintain the park area(s), as well as areas and ponds as required for erosion control, until such time as they are taken over by the homeowners association. The Developer may elect to pay the cost of forming the homeowners association. Developer reserves the right to transfer to the Village of Whispering Pines such of the above areas as the Village may be willing to accept. Developer further reserves the right to substitute and/or swap said areas with the approval of the government involved. These rights shall pass to the HOA if Developer is unable to exercise them. 15. The Declarant reserves the right to subject the property hereinabove described to a contract with Progress Energy Carolinas, Inc. (formerly Carolina Power and Light Company) for the installation of underground electric cables which may require an initial contribution and/or the installation of street lighting, which will require a continuing monthly payment to Progress Energy Carolinas, Inc. by the owner of each lot in this subdivision. 16. There is reserved herein an easement for drainage and utility purposes on each lot as follows: Ten feet on front and rear; 7.5 feet on interior side lines and 10 feet on exterior (or corner) side lines. 17. Declarant (Developer) shall retain and does have authority and the right to sign an annexation petition for the homeowners, notwithstanding any provision hereinbefore set forth or hereinafter set forth or the sale of lots herein. 18. Building contractors shall furnish Developer one copy of house plans and one copy of the site plan. Building contractors shall also be responsible for repairing any damage to roads and road shoulders caused during construction. 19. The maximum built-upon area per lot is to be an average of 3,720 square feet, inclusive of that portion of the right of way between the lot line and the edge of pavement, structures, walkways or brick, stone, or slate, but not including open wood decking. Developer shall be responsible for making sure this average is adhered to and shall maintain copies of all plans of all buildings or lots as well as a site plan thereof. 20. The covenants pertaining to storm water regulations may not be changed or deleted without concurrence of the State. Developer reserves the right to amend these restrictions pertaining to storm water with the concurrence of the State, notwithstanding any provision hereinbefore or hereinafter set forth or the sale of lots. 21. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. 22. Swales and ditches must pick up surface runoff and direct it into the pond(s). 23. The areas shown on the recorded plat entitled "ROYAL WOODS SUBDIVISION, PHASE III"; dated the day of .2007, prepared by Registered Surveyor, and which plat is recorded in Plat cabinet ,Slide ,Moore County Registry, as conservation areas designated as "A", "B"and "C" as shown on the attached drawing marked as Exhibit "A" shall be maintained in perpetuity in their natural or mitigated condition. Said drawing, designated as Exhibit "A" is incoroporated herein by reference. Additionally, no person or entity shall perform any of the following activities on such conservation area: fill, grade, excavate or perform any other land disturbing activities cut, mow, burn, remove, or harm any vegetation c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area e. dump or store soil, trash, or other waste f. graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, US Army Corps of Engineers, Wilmington District, Action ID ,and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it. See attached Exhibit "A", Map as to conservation area(s). Covenant No. 23 above cannot be amended at any time without express written consent of the US Army Corp of Engineers, Wilmington District. The foregoing protective covenants shall be deemed and considered as covenants running with each and all of the lots hereinabove referred to, and the same are imposed upon each lot for the equal benefit of the Declarant, his heirs and assigns, and all lot owners, their heirs and assigns, and all of the said protective covenants may be enforced either by the Declarant, his heirs or assigns, or the owner of any lot in said subdivision. Invalidation of any one or more of the foregoing protective covenants by judgment, court order, or by law, shall in no wise affect any of the remaining protective covenants, all of which shall remain in full force and effect. These covenants shall be binding on all parties and all persons claiming under them until the 7th day of September, 2018 at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless terminated by two thirds majority vote of all lot owners. In no event however shall these covenants continue beyond 2085. If these covenants shall be violated or attempted to be violated by any lot owner (or person or persons), it shall be lawful for any person or persons owning lots in said subdivision to prosecute any proceedings at law or in equity against the lot owner (or person or persons) violating or attempting to violate any such covenant, and either to prevent said person or persons from so doing or to recover damages or other costs for such violation. IN WITNESS WHREOF, the Declarant has hereunto set his hand and seal as of the day and year first above written. (seal) James W. Cothran,lr. NORTH CAROLINA, MOORE COUNTY. I certify that the following person(s) personally appeared before me this day and I have personal knowledge of the identity of the principal(s) or have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a driver's license or a credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Name of Principal(s): James W. Cothran, Jr. (unmarried). Date: , 2007 Notary Public Type or print name of notary: My commission expires: ~J u 0~ ~ ~~ :, I: :~, ~ ~ ~ -~c ~/ ~~'.~ / i ~i ~ tiC ~9~ ys \ P~ P~~ ~~`~- ` \~ 9G0 \~~ ti 60 r. "~~ i EIS ~~ DEER I ~~ 1 I S.yc N/F . I CAROL A. CZOSEK ' N/F D VI D C_ & JANICE E. 33 ) I ANDERSON ~ F . f ~ ROONEY G. do T BATHA S. DOZIER 35 ) N /F _.~ ~ ~ ~~ ~ "~ _~~' SAP 1 ~ 200% I~EfV~ _ WATER ODaLI1Y , ~lL~.h1p,.,~~fD ~T02?Nky~47L~t 8R4NCN /. N/F ~ ~ ~ ~~ \ ROBERT D. & DAWN D. LE Z0, ~E ZONING: RS-3 EP (~. 1~ ~/ G i0 \ ~ ~s G~ LYON/COTHRAN ~ ~*~ /j.. & COTHRAN ~ ~ FUTURE DEVELOPMENT ~ ~\ ~ \ ~\ T \`1 / N/F THE LYON _ ~ I~ / \ ~ ,- ~~I~ I------ °15g0 cal ~ I ~~~~ = IOO~ce-~ 0 50 you ~ c~ ~ ~i9 u ~e. g SbaJd VO/Ib/~aaSUO~ •E~~ ~J~b~J 0 ~ a3 s o` ~ ~~ a o a, C J O - ~ ~ ~~ d ~ J ~ O O ~° C~ ~y ~ v $ 'J' (1U Y~~~ ~ rn "~ $ ~ N ~: ~~ D m C ~~ r U ~ e [ o ~'1,~~ ~ was ~ x ~ ~ a m v / Q wo r" ~i ~" 0 3 0 O_C~ 1 %f;~ r+ ~ O W m O N ~t // ~ o>°~ cyON a m° c U o mw /// ~~ N N m C w ~ L o~.a ~ E E~ m ~ J.. ~ Q)L 3OOa~ / /' I ; ~a~3 Ormond _f=~5~11 ~x _ o yNae '''~ '~ 1 / xe u-fa z: ed sx_ex Jf-i, - .. 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G?- 1 ~ ~~n Appendix A Soil Science Investigations • Wetland Delineations, Permitting, and Consulting ,~ The Catena Grou 410-B Millstone Drive p Hillsborough, NC 27278 (919) 732-1300 Mr. Thomas Farrell U.S. Army Corps of Engineers Wilmington Regulatory Office PO Box 1890 Wilmington, NC 28412 March 20, 2007 RE: Wetland Restoration Plan for Princess Gate Development Violation, Moore County, NC Dear Mr. Farrell, In late spring 2006, Chip Cothran of Dominion Development was notified by Ken Averitte of the North Carolina Department of Water Quality (NCDWQ) that he had violated Section 404 of the Clean Water Act. This violation occurred when Dominion Development attempted to construct a residential cul-de-sac and cleared and excavated 0.7 acres (30, 492 ft2) of delineated wetland without a permit. Per discussions with Thomas Farrell of the U.S. Army Corps of Engineers (USAGE) and Ken Averitte, it was agreed that the disturbed wetland must be returned to its original state, both physically and functionally. This correspondence details the restoration. PROJECT LOCATION The violation happened at the Princess Gate residential development, located north of Airport Road (SR 1843), east of Whispering Pines in Moore County, North Carolina (Figure 1). The wetland restoration site is located where the violation occurred, east of Princess Gate Road (Figure 2). HISTORIC WETLAND CONDITIONS The wetland was originally delineated during 2005, by Shay Garriock, Steve Melin, Alex Adams and Kate Montieth of The Catena Group, Inc. (TCG) (Appendix A). They described the original wetland as a densely vegetated pocosin-like depression with no defined stream channel. Soil was saturated at 6 inches. The boundaries of the wetland were located and mapped using a Trimble Geo-XT with sub-meter accuracy. PRE-RESTORATION CONDITIONS The vegetation was removed from the wetland and surrounding areas by mechanized clearing in March 2006 (Appendix B). In addition, several feet of topsoil were removed to an offsite waste location in an effort to create a solid foundation for the road. Two major ditches were the excavated in an attempt to draw the water into the adjacent, -2- S~~P 1 S 2007 4V L~EiVR -WATER QUALITY YVkTlAML~S.~t~+'D ST02~Ai?~,~TER 9RANCH a -3- SAP 1 ~ 2007 ;~~~ur~ . wAr~~ auA~irY ~V~1ANO~.~,atp STQ'~M'y1rATER BRANCH The °~e` M~~n z~a~ Figure Wetland irt~pact Area Catena Chip .Cothran Rroperty ~: Group ~~h Moore County, tVorih Caro€ina .lob tta.. 2112. undisturbed wetland. The excavated soil was piled along the length of the ditches. Culverts were installed in the ditches to facilitate water flow and to allow for vehicle crossings. Several piles of soil, logs, and woody debris were observed throughout the wetland. RESTORATION GOALS AND OBJECTIVES The goal of this restoration project is to restore the topography, hydrology, and vegetation of the impacted wetland. These actions will, over time, allow the wetland to return to its original state, both physically and functionally. Prior to beginning any restoration activities, TCG identified the wetland boundaries based on the original GPS-surveyed delineation. Under TCG supervision, Dominion Development removed culverts and backfilled ditches. Soil was replaced with the original wetland soil that had been stored offsite and the area was graded to appropriate slope and elevation. Finally, wetland vegetation similar to what had been removed was planted. RESTORATION PLAN Wetland Re-delineation On July 9, 2006, TCG re-marked the wetland boundary using the original GPS-surveyed delineation data. Restoration of Hydrology Dominion Development conducted all earthwork and soil replacement between July and November 2006. Soil that remained onsite from ditch excavation was used to refill the ditches. The entire area was then graded and "top dressed" with topsoil that was returned from the offsite waste area. Initially, when the site was graded and soil was replaced, water continued to flow in a small channel across the site. Due to a misunderstanding, Dominion Development used gravel fill to create a French drain-like feature to channel water across the site. This error was discovered during a site visit by TCG and the USACE on October 31, 2006. TCG supervised the removal of the gravel and re-grading of the site on November 20, 2006. Cereal rye was planted across the site to deter erosion. At a site visit on December 4, 2006, erosion was minimal and water appeared to once again sheet flow across the site (Appendix C). Restoration of Vegetation Based on the vegetation described in the original delineation, as well as the vegetation observed in the adjacent wetland, a planting design was created. Eight species of trees and shrubs were chosen to recreate wetland vegetation (Table 1). In addition, a seed mix was selected to ensure appropriate herbaceous species are present (Table 2). -4- Table 1. Tree and Shrub species Common Name Scientific Name T e Number Density trees/acre Cherrybark Oak uercus a oda Bare root 75 107 Green Ash Fraxinus enns Ivanica Bare root 50 71 Black Gum N ssa s lvatica bi ora Bare root 100 143 Water Oak uercus ni a Bare root 75 107 Redba Persea borbonia Tublin 30 43 Blackhaw Virburnum runi olium Bare root 20 29 Red Chokebe Aronia arbuti olia Bare root 20 29 Fetterbush L onia lucida Tublin 20 29 Table 2. Herbaceous s ecies seed mix Common Name Scientific Name % of Mix Switch rass Panicum vir atum 25 Deer ton ue Dichanthelium clandstinum 25 Fox sed e Carex vul inoidea 20 Broom sed e Andro 0 on vir inicus 5 Bush beard rass Andro 0 on lomeratus 10 Frin ed sed e Carex crinita 8 Yellow-fruited sed e Carex annectens 4 Boneset Eu atorium er oliatum 3 On January 10, 2007, Tom Dickinson and Kate Montieth of TCG planted the trees and shrubs (Appendix D). Trees and shrubs were planted on 1 - 1.5 m spacings with a proposed density of 557 plants/acre. However, as additional plants were available planted densities were higher then proposed (Table 3). On February 20, 2007, a permanent 10 m x 10 m monitoring plot was established; corners were marked with rebar and located using a Trimble Geo-XT GPS with sub-meter accuracy. Baseline vegetation data (species, number, density, and location) were recorded and calculated (Figure 3; Table 3). Vegetation density within the monitoring plot was 1862 plants/acre. Table 3. Baseline Restoration data Common Name Scientific Name Number Density trees/acre Che bark Oak uercus a oda 6 243 Green Ash Fraxinus enns Ivanica 10 405 Black Gum N ssa s lvatica bi ora 7 283 Water Oak uercus ni a 10 405 Redba Persea borbonia 5 202 Blackhaw Virburnum runi olium 2 81 Red Chokebe Aronia arbuti olia 5 202 Fetterbush L onia lucida 1 40 -5- Figure 3. Location of plants in permanent sampling plot.3 D C 30 25 d Q • . pago a ^ F. pennsylvanica 20 N l ti ~, . sy va ca ~ XQ. nigra 15 ~ red bay • V. prunifolium 10 +A. arbutifolia - L. lucidia 5 0 A 0 5 10 15 20 25 30 B feet The herbaceous seed mix was broadcast in spring 2007, after all danger of frost had passed. The seed mix was applied throughout the restoration site at a rate of 20 pounds per acre. MONITORING Success will be determined by the restoration of wetland hydrology and vegetation. Monitoring will be conducted twice after the initial woody vegetation planting: at 6 months (June 2007) and at 12 months (January 2008). Monitoring will include general observation of the site to ensure that vegetation is surviving and that original wetland hydrology has returned to the site. Vegetation within the permanent monitoring plot will be inspected at each site visit and the abundance and density of the baseline vegetation (as shown in Table 3) will be noted to allow for the assessment of vegetative health and the calculation of mortality rates. If plant mortality reduces the average stem density to less than 320 stems/acre, additional vegetation will be planted. If, at the end of one year, the restoration has not met the above goals, Mr. Cothran and TCG will consult with USACE and NCDWQ for further guidance. ~- • X ~ + ~ ^ + • ~ • ~ X ^ ~ ^ ^ X X + ~ • ~` ~ • ~ + _ -6- It is anticipated that this restoration plan will satisfy conditions discussed at the December 4, 2006, site visit. Further, it will be included as an addendum with the forthcoming Section 404 and Section 401 General Water Quality Certification permit applications. Sincerely, ~ ~ ~ Michael Wood The Catena Group CC: Chip Cothran, Dominion Development Ken Averitte, NCDWQ -7- Appendix A: Original data forms -s- DATA :FORM ROUTINE WETLAND DETERMINATION. {1987 COE`Wetlands De#ermination Manual} Project 15ite: r (~..~. Date: t d~h; 7 ~ Applicant /Owner: "'- '~ ' , ~ County. Investigator. ~ o State:. ~~ Do normal circumstances exist on the site? Yes _ '/ tab Contmunlty ID: t! ~'vl Is the site significantly disturbed (J~ltypiaal situation}? Yes _ Na r''~ Transact lD: ~S"'~ Is the: area a potential problem area? Yes No /~ Plot ID: Z. (expiai~ on reverse if needed} VEGETATION i~rtit~nt Pfartt Species St ~~ ratum indicator _ Qaninant Plarrt Soscies fndfcator f ~. !K - ~t`~~IC.. ~. 2.. trlap .•.~~~F~~ ,, ~~ 1©. _ 5.~~ct~oc u ~ -~irr c~ir, ~, FRG 13. S. 14. 7. 15. $. 16. Percent of Dominant Spscies that are OBL, FACW, or FAC excttsding FAC-). G 4 ~,~ Remarks:.... HYDROLOGY ,_ Recorded Data (Describe In Remarks): Stream, Lake,''orTide Gauge Wetland Hydrology Indicators - Aerial Photographs ', ._ C>Eher Primary Indicators; -Inundated ~5aturabed in Upper 12" ~, No Retarded Data Available _ Water' Marks ~Qt,,i; _ Drift Unes Fe[d Observations; - Sediment Deposits _ Draina~ Patterns in Wetlands -Depth of Surface Yliater; ~ (iu) Secondary Indicators.; Depth to Free Water in Pit: ? /2 (in. ~ ~d'~ Roots Channels in Upper t2p _ Water-~talttea Leaves Depth t4 saturated Soil: >I2 (inj .- ~~ Soi# Survey Data _FAC=Neutral Test ..~ Other (Explain in Remarks} Remarks; SOILS Map Unit Name b~ i d Ph S r - ~ r, j y ~'' e Class: a Draina er es an asej: ( ~ g Taxonomy{Subgroup}: ~ya.'c ~/.~ cccS Canfirn~ Mapped Type?.:Yes_ No =!'~ Profile Descriotian: Depth Mattrix Colors Mottle Colors- -- Mottle Texture, Contx+etions. jt~,_, Horizon (lNunseli Molsi} t fracture etc. _ Munssell Molstl AbunfContrast S .___ / ~~~_ / / D 4 rvt, .Sa ~ liydric Soil Indicators:....... _. Nistasbl -Concretions Histic Epipecion _ High Organic Content in SurFace Lary+er in Sandy Solis Suifidic Odor Organic Streaking in Sandy Solis Aquic Moisture Regime.. _ ,.Misted On Local Hydric Soils List Reducing Conditions Listed ort National°Hydric Sails List Gleyed ar LoNr-Chrorna Colors ~ Other (F~cpiain in Rerrrarksj ..Remarks:. WETLAND DETERMINATION Hydropttytic Vegetation Present? Yes No is the Sampling Point VMetiand Hydrology Present? Yes / ' No Within a VYeUand? Yes~/~ Na tiydric Soils Present? Yes / No Remarks; DATA FARM; *1'it~~t,E¢1V~ ROUTINE`WETLAND DETERMINATI©N (1987 CC?E Wetlands Qetermnation Manua!) Project I Site:~~ , ~ ~ f, it•3~~ Date: i~ i 7 o S" Applicant /.Owner. ~ w+ o r'a _ County: Y-1 • o ~ E Investigator:__~.~-~~, ~ CrZ.o+~.p State:,~('1 Do normal circumstances exist on the site? Yes / No Gommunlty ID: VVP~'~k'u.I is the site significantly disturbed {Atypical situa~on}? Yes No /'~ Transact ID: Is the area a potential problem area? Yes. No Plot IR: Z (explain on reverse if needed) VEGETATION Dominant Piarn Saecles ;. Stratum Indicate ,,.. Domir~rit Plant Saeeies Strs~im Indicator r• 1. ~ltX a.~r+t. CALLA g, 2. ~ -f;'~ c ~+.sr,d' FAG 1 U. 4. OsMr~nt~at l;~ri~IC.mo~,~,ra' ~~C~J ~' 11. 5. LYr,Gr~ /kc~Ati 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species'that are OBL, FACW, or FAC exduding FAG-). iQ O Remarks: HYDROLOGY _ Recorded Data {Descrlbe (n Remarks): Wetland Hydrologylndicators Stream, lake, or Tide Gauge - Aerial Photographs Primary indicators: Other mandated ~No Recorded Data Available _/Saaturated in Upper 12" Water Marks ~, Drift Unes Field Observations: _~~iment Ueposlts ~" Drainage Patterns Ire Wetlands Depth of Surface Water; ~_(in.) Secondary Indicators: Depth to Free Water in Pit: 7 ~z (ia.) t}xidizsd Roots Channels in Upper 12" _, .-'Water~tained Leaves ' ~ :'' Local Solt Burney Data. Depth to Saturated Sail: ~~(ia.) FAC-Neutral. Test Other (Explain in Remarks) Rernarics: SUI~.S Map Unlt Name / (Series and Phase): ~r~b Drainage Class: oat 1~n~G,r~c. Taxonomy{Subgroup):.~~Dr~ U i~A~ a ~ ~~ Confirm Mapped Type? Yes Na /~ ~'s+ofl~s Descsipdr-n; ~p~ Matrix Colors. Mande Colors MoWe Texture, CancrBtions, Creches} Horizon tMunseli Moist} (Muras elLMQlst} AbundancerContrast Structure, atc. - O~ ~ ~R I~ N ~oa~ ,h ~~=- Hydric Sail lndicators:_ ~Nistosoi - -Concretions s Histic Eplpedon ^ High Organic Content in Sut#~e Layer in Sandy Soils ~.~Sijlfidic Odor Organic Streaking in Sandy Soils /Aquic Moisture Regime /Cisted On Local Hydric Soils List /f~ ducing Conditions Listed on National Hydric Soils List ~/Glayed or Low-Chroma Caibrs i Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Yegetakio~ Present? Yes No Is ttte Sampling Point Wetland Hydrology Present? Yes / No Within a Wetland? Yes_i/'~io Hydrit; Soils Present? Yes _~" No Remarks: Appendix B: Pre-restoration photos -13- -14- -15- -16- -17- Appendix C: Grading and topsoil replacement photos -is- -19- -20- Appendix D: Tree and shrub planting photos -21- -22- Initial formation of erosion feature -January 10, 2007. -23- Appendix E: Permanent plot sampling photos -24- -25- Increased channelization of erosion feature -February 20, 2007. -26-