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HomeMy WebLinkAbout20041094 Ver 3_401 Application_20141202Dennis W. Hawthorn Coastal Permitting Assistance 252 5991040 den niswhawthorn(a)gmail.comt Ms. Beverly Strickland NCDENR NC Division of Water Quality 1617 Mail Service Center, Raleigh, NC 27699 -1652 November 21, 2014 Re: KINNAKEET SHORES PHASE 16, Avon, NC GEORGE BROWN, Managing Member Dear Ms. Strickland: Enclosed in this packet, I have hopefully provided the necessary forms and attachments to review and issue a 401 Certificate regarding the subject site which was recently delineated by Kyle Barnes with the U S Army Corps of Engineers. This delineation was a renewal of a previous delineation that expired. However, the subdivision was originally planned and approved by Dare County based on the previous delineation. The new delineation, however, in some locations significantly differed from the previous one and therefore has required that the owners do some re- arranging and changing of this final phase of the previously approved subdivision. After some layout revisions, they were able to arrange all the building envelopes to meet the County's setbacks except in the case of four building sites. At this point, the owners have the options of either loosing those four building sites or applying for the necessary permits utilizing a small amount of wetland area to allow the building envelopes to still meet the previously approved setbacks for the subdivision. Considering the "fill" option, the owners could either wait until the individual building sites were sold, letting the builders apply for individual NWP for each of the four sites that needed additional area or the owner /developer could apply for one individual NWP now so that the project could move forward. This option would result in less area overall being regained but would result in less overall impacts and likely move the project along quicker. In that the building industry and property owners, it is still experiencing economically very tough times, it will be financially difficult to forgo the loss of four building sites. Therefore, the owners have asked that one NWP 18 and a 401 Certificate be issued so they can maintain the setback requirements for the building sites in this final phase of the Kinnakeet Shores Subdivision. The requested total of 0.0993 of an acre will allow these four lots to be positioned as previously permitted by Dare County and allow the owners to move forward with their project, saving money, and time while minimizing impacts to coastal resources. You and your staff's assistance in this review is greatly appreciated. Sincerely, Dennis W. Hawt o Coastal Permitting Assistance 407 Angler Way Kitty Hawk, NC 27949 252 599 1040 Personal Account Information Redacted Dennis W. Hawthorn Coastal Permitting Assistance 252 5991040 den nis wna 0hu ,rra3" co r.t November 24, 2014 Mr. Kyle Barnes U. S. Army Corps of Engineers Regulatory Field Office 2407 W. Fifth Street Washington, NC 27889 Re: KINNAKEET SHORES PHASE 16, Avon, NC GEORGE BROWN, Managing Member Dear Mr. Barnes, Enclosed in this packet, I have hopefully provided the necessary forms and attachments to review and issue a NWP No. 18 regarding the subject site which we recently delineated, as you know. This delineation was a renewal of a previous delineation that expired. However, the subdivision was originally planned and approved by Dare County based on the previous delineation. The new delineation, however, in many locations significantly differed from the previous one and therefore has required that the owners do some re- arranging and changing of this final phase of the previously approved subdivision. After some layout revisions, they were able to arrange all the building envelopes to meet the County's setbacks except in the case of four building sites. At this point, the owners have the options of either loosing those four building sites or applying for the necessary permits utilizing a small amount of wetland area to allow the building envelopes to still meet the previously approved setbacks for the subdivision. Considering the "fill" option, the owners could either wait until the individual building sites were sold, letting the builders apply for individual NWP for each of the four sites that needed additional area or the owner /developer could apply for one individual NWP now so that the project could move forward. This option would result in less area overall being regained but would result in less overall impacts and likely move the project along quicker. In that the building industry and property owners, it is still experiencing economically very tough times, it will be financially difficult to forgo the loss of four building sites. Therefore, the owners have asked that one NWP 18 and a 401 Certificate be issued so they can maintain the setback requirements for the building sites in this final phase of the Kinnakeet Shores Subdivision. The requested total of 0.0993 of an acre will allow these four lots to be positioned as previously permitted by Dare County and allow the owners to move forward with their project, saving money, and time while minimizing impacts to coastal resources. You and your staff's assistance in this review is greatly appreciated. Sincerely, Dennis W. Hawthorn Coastal Permitting Assistance 407 Angler Way Kitty Hawk, NC 27949 252 5991040 Dennis W. Hawthorn COASTAL PERMIT ASSISTANCE 407 Angler Way, Kitty, Hawk, NC 2794 252 - 599 -1040 Re: Kinnakeet Shores, Phase 16 TO THE USACE & NCDENR The under signed has authorized that Dennis W. Hawthorn act on Kinnakeet Shores Phase 16 behalf for the purposes of applying for a USACE and NC DWQ permits in order to obtain the necessary permits to fill 0.10 A of US ACE jurisdictional wetlands in this subdivision located in the Village of Avon, Dare County, NC, Parcel Index No. 054909057799. George W. Brown, Kinnakeet Shores 16, Managing Member /0 Date Property Owner: Address: Telephone Number: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2014 -01747 County Dare U S G S. Quad: NC- BUXTON NOTIFICATION OF JURISDICTIONAL DETERMINATION Kinnakeet Shores 16, LLC. George Brown 17500 Fredrick Road Mt. Airy, MD, 21771 ti Size (acres) 22.91 Nearest Town Avon Nearest Waterway Pamlico Sound River Basin Pamlico Sound. North Carolina. USGS HUC 3020105 Coordinates Latitude- 35.338759 Longitude: - 75.510015 Location description The project site is located in the Kinnakeet Shores Subdivision in the town of Avon adjacent to the Pamlico Sound and the Atlantic Ocean in Dare County North Carolina Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there maybe wetlands on the above described property We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction To be considered final, a jurisdictional determination must be verified by the Corps This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by "the Corps to reevaluate the JD. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification X There are waters of the U S including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification _ We strongly suggest you have the wetlands on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps _ The waters of the U S including wetlands on your project area have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U S including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 10/10/2014. Unless there is a change m the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification There are no waters of the U S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our Page 1 of 2 Copy furnished Dennis Hawthorn, 407 Angler Way Kitty Hawk, North Carolina 27949 w, f �1�• 1• 'E L PL'MW -11.37 ACRES o r4 LAKE AREA(illC111DED iN ABOVE 6.,3 ACRES wEn AND yii AREA 4n / 31 111 A I• I 3 / / l� 1 .�l m Naas SURVEY LEGEND - it ! ECMO SBt ® EIOSTINC CONCRETE MONUMENT SET IRON ROD c ! $= I EIR 0 EIPO E7OSTING IRON ROD >?�+ CP o EXISi9dc IRON PIPE CALCULATED POINT M B L =TED o8`��e LIMIT m An N.T.S. NOT TO SCALE P.0 PLAT CABINET sB D.B. DEED BOOK t SL SLIDE SF SQUARE FEET mom, AC ACRES W Fcle�l �� 1 $ k `341^iS C00110MA11ES ED u4 SURVEYOR'S CERTIFICATION I, Mich" D. Barr, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed and description ``\`` ��1111C 1I recorded in Books referenced)' that the boundaries not surveyed are clear) indicated as drown from information found M Books referenced; �� Q y / , that the ratio of precision or positional accuracy is 1:10,000; and that :4': ASSIp , 9 this map meets the requirements of The Standards of Practice for i• Land Surveying in North Carolina (21 NCAC 56. 1600).' ? .SEAL 400' Witness m original ature, registration number and seal this _ Y � , r. L -1 %rJs 4 9y �o.• day of D. :a SuWi lk; •� �A� L -1756 p r essional Lan rveyor Q'ZZ- t,cf� "'i 4E L IIN11111111�U���� W� �x OW w� W 0 o~ w A I I :- E -22 -14 1-200' NS8 1@B We Er- 1 "1 1 i2300WL2074 ECT NQ 1523 THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS 1HE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT IN THE AREAS IMPACTED BY THE PRESENT PROPOSED AC" W. AS DETERMWED BY THE UMW ON THIS DATE OTHER AREAS OF JJRMCTM MAY BE PRESENT ON THE SITE BUT HAVE NOT BEEN DEIJNEATED. UNLESS THERE IS CHANGE IN THE LAW OR OUR PUBLISHED REGULATIOK THIS DETERMINATION OF SECTION 404 AMSDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE REGIONAL MSUPPLEMENT TO THE 1987 CORPS OF ENGINEERS WETLAND DELDWATION REGULATORY OFFIMAL TITLE DATE USACE ACTION ID JE TABLE 11' 00. 391E 13. 20' 231E 55' 35' 181E lr is 581E M 43' 52'E .r 2r 171E A7 16' 31'W 3' (1' 3rW r tr 171E K at 067E r 26' OS'E r 31' 131E 23' ao7w r 13' 181E 59' 047E 42' 081E D4' 101E I 1W 437E I ' 30. 431E I S1' 591E I 00' 541E L �' 43'W L 24' 201E L'. 24' 41'W L1 52' 2rE 11 1r WE U 19' 2rW U 25 321E Ll 44' 23'W L11 ZY 47'W LV 14' S3'w Lt; W 09'w LIS W 547E U5 7 31'w Lts r 261E L1s aaiewwa a w1 rr-� W-A/ A/ sil v�r.. - E\ DE ONVE -&&.7g AbR.T WETLAND -- 22a.DWo ACRES -10;83 ACRES �$ -11-V ACRES LINE TABLE BOUNDARY LINE TABLE L122 1108 Sir Or WIN UW LEWIN BEAiW C L123 58.67 SW s6' srw L1 2240 WO' 1r 48'W L.124 38.83 N6r 04' 307W u L12s 54.79 Nor 28' Srw .1261 4102 1 N6r 22' 2rW .1271 33.40 1 N68' 20' 3r'W .1251 49.09 I N81- 28' OWrW .1291 23.60 1 N36' SW 181E 1301 46.48 1 VW 33' Obi 11311 8215 1 N41- 5'.F 201E 1321 25.63 N10' 43' 30'W 1331 53.51 I N2.0' 33' WE 134 38 38 I N71- 10' 211E 35 3200 1 N85' 43' 251E 361 39.43 I W 00' 181E 37 13.17 1 NS' 08' 259Y 38 7.69 1 N7a' 48' 62'iP 59 33.93 1 NW 09' 06'W 1 10 18.67 1 N46. 4r 01'W 111 1527 1 N12- 16. 117W 2 2892 1 N11. 16' 2rW 3 80.78 1 N2' or a0'W ! I 26.04 mw 48' 1YE S 7.18 N34. 21' 381E S 53.06 N33. 66' 2rw I 24.34 NW 41' 4rW 1 55.47 SW 31' 11'W N07" aaiewwa a w1 rr-� W-A/ A/ sil 49.49 S6r 3r 667W 1. AREA DETERMINED BY COORDINATE METHOD. J0.37 NST 3T 24'W 2- IRON PINS AT ALL PROPERTY CORNERS UNLESS OTHERWISE NOTED HEREON. 21.83 S46. 30' 1511 3• FLAGGED WETLAND LOCATIONS WERE FIELD LOCATED IN SEPTEMBER 2014. 3584 N57- 31' 46'W 60.46 NB' 54' 301E 1530 NW 4r M 93.83 N6r 51' 011E 2556 N73' S8' Sn �I v ' s V V 3i /i SURVEYOR'S CERTIFICATION I, Michael D. Barr, certify that this plot was draw from an actual survey made under my supervisiol recorded in Books referenced); that the boundono dearly indicated as drawn from information found that the ratio of precision or positional accuracy this map meets the requirements of The Standar, 28 9 13'W 1.1571 39.71 N4 46' 'W GRAPHIC SCALE Land Surveying In North Carolina (21 NCAC 56. it 200' 0 100' 200' 400' r 31'w L158 27.32 Nor 49' Orr Witness my original signature, registration number 1' OB'W L159 1205 N60. 23' 3rW day of D. 1rE L160 I SM72 NBr 25. 1s'w r ,91E (IN FEET) � L- 1 inch = 200 ft 4essional Lan rveyor v�r.. - E\ DE ONVE -&&.7g AbR.T 404 VAT.ANDS `' v4 UPLAM -- 22a.DWo ACRES -10;83 ACRES �$ -11-V ACRES 4 Estl %1 ;. LAKE ANICLUDED IN 11E1LAND /. •° 31- - 8.43 ACRES' A-u. u '1 1 A/ J#/ a i 49.49 S6r 3r 667W 1. AREA DETERMINED BY COORDINATE METHOD. J0.37 NST 3T 24'W 2- IRON PINS AT ALL PROPERTY CORNERS UNLESS OTHERWISE NOTED HEREON. 21.83 S46. 30' 1511 3• FLAGGED WETLAND LOCATIONS WERE FIELD LOCATED IN SEPTEMBER 2014. 3584 N57- 31' 46'W 60.46 NB' 54' 301E 1530 NW 4r M 93.83 N6r 51' 011E 2556 N73' S8' Sn �I v ' s V V 3i /i SURVEYOR'S CERTIFICATION I, Michael D. Barr, certify that this plot was draw from an actual survey made under my supervisiol recorded in Books referenced); that the boundono dearly indicated as drawn from information found that the ratio of precision or positional accuracy this map meets the requirements of The Standar, 28 9 13'W 1.1571 39.71 N4 46' 'W GRAPHIC SCALE Land Surveying In North Carolina (21 NCAC 56. it 200' 0 100' 200' 400' r 31'w L158 27.32 Nor 49' Orr Witness my original signature, registration number 1' OB'W L159 1205 N60. 23' 3rW day of D. 1rE L160 I SM72 NBr 25. 1s'w r ,91E (IN FEET) � L- 1 inch = 200 ft 4essional Lan rveyor THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT IM 1HE AREAS IMPACTED BY THE PRESENT PROPOSED ACiMTY AS DETERMINED BY THE UNDERSIGNED ON THIS DATE 07M AREAS OF JURISDICTION MAY BE PRESENT ON THE SITE BUT HAVE NOT BEEN DELINEATED. UNLESS 11B3tE IS CHANGE IN THE LAW OR OUR PUBLWED REGULATIONS, THIS D£MONA71ON OF MOM 404 JURISDIC 10N MAY BE RELIED UPON FOR A PMW NOT 70 EXCEED FiVE YEARS FROM 7HIS DATE THIS DETERMINATION WAS MADE UflLMMG 714E APPROPRIATE REGIONAL SUPPLEMENT TO THE 1887 CORPS OF ENGINEERS KIFLA NO DELINEATION MANUAL REGULATORY OFFICIAL TITLE DATE USACE AC71014 ID IWETLAND LINE TABLE WETLAND LINE TABLE WETLAND LINE TABLE WETLAND LINE TABLE L2 14,57 MW 15' 4219 L42 29.00 S73' 68' 11E U!2 b4J98 I ml- OO' 3919 L122 13.08 318' Or 39'W L3 11.68 Nay or 5319 L43 29.27 Nor 51' WE LW 46.24 jit3Y 2D' 2319 L123 69.67 S63' 00' S2'W L4 18.88 S63 40' OB'E L44 24.30 N41' 34 Ir E UM 43.52 9W 38' 1WE L124 39.83 NBT 04' 30'W L5 13.49 SW tT 25-E L45 2208 NT 19' 4rE L85 I M96 I Nor 13' B E I L1251 54.79 1 NW 2r &M 'A 3108 SW 2W 3519 I L48 44.94 N71' 37' 26-W LW 3556 N3r 43' 52E L126 4302 Nor 2r ww L7 14.30 S74- OW WE L47 41.88 Wr 18' S89M W 1298 Sig' 27' IrE L127 M40 NW 2O' 3rW LB 11.59 S81' 57 34E L48 2519 wtr 1W 48'E us tA.97 S37' 16' 31-W LIM 49.09 N81' 2W O6'W L9 24.17 w 11' S31M L49 4&72 MS 3T 7WE L89 21.33 SST 01' 39'11 Lin 23.60 N38' 54' WE L.io 1 77.15 N= o9. 4011' L50 8.68 m0' 36' WE LAO 5&49 527' 12' 17-E L130 4546 SW 33. 08 E Lit 2&09 N4T 4T 25'1M LM t2.68 Inc 10' "I LAI 1 4136 1 SNr OW OBE L131 6213 041' SS WE L12 19.54 Sm" 39' 0" L62 34.13 NTT 89' 43'W M I 60.30 I SIO' 2W On L132 25.63 N10' 43' 3rW L13 8.92 N32' 56' 2rW L53 16.82 I N4T 4W 11'W L.93 I 4139 I Mo. 31' 13T U33 3331 N20' 33' WE L14 36.49 N4. 41' 27-W L54 38.25 N8r 31' IrW L94 I b7.91 SM' 23' OW'W L134 30.38 N71' 10' WE 1.15 6&59 N26' 29 20'W l55 1 4&03 N40' 3W ALAS 1 3384 SXr 13' 18'19 ILIZI 3200 INW4r 2619 LIS 18.38 NM- 35' 22'W I LW T40.11 Wr OO' 14E L.96 34.64 SOr 69' 0419 L138 1 39.43 1 N6' 00' 1919 L17 45.75 N20- tr M-E-f L57 1 6&14 Nob' 24' o8E L97 31.19 X33' 4r 0819 L1371 1117 1 N3' OW 25'W LIS 31.58 N45' 49' 44E L58 32.82 NM- OS' 1819 L96 8570 Mt' O4' 10E L136 7.89 N7W 4W 54'W 09 1 3&09_r"'54' 27E L59 97.07 N34 29' 3619 L99 28.17 N7r 10' 43 E LIM 3393 N50' OW 08'W .20 6&56 MO' 3W O7" E 1.80 31.78 m0. 53' 34E L100 46.39 S19. 3C 4319 Lmo 18.67 Nob' 47- Ot'W L21 5517 m' 3W wE I 1.61 2270 M4' 29' 12T L101 37.55 S79' 31' WE L141 1527 mr tW 11'M' 22 4562 NT 4r 37'11 I L62 37.86 N24 2f' 2119 I L102 73.82 S3T 00' 34'19 Lt42 28.92 1 mi' 16' 22"W 23 6289 MT or 1919 I L93 I 27.23 N09. 34' 3719 I L103 I 24.85 S26' OW 43'W 1 U431 0&78 1 Mr OW 00'W 24 38.37 N1' 21' ir'W 1.64 28.02 1 SW 2W bW'E I L104 41.QO 1 SW 24' 2019 I 1144 25.04 N7S 4W IIE 25 SL44 N8T 01' 14-W L85 71.02 N14' 36' 3SE L10S 8599 1 SW 24' 41-W L145 7.18 N34 21' 3819 26 38.38 M2' BY 41'W L66 49.38 N14' b3' 30-E L1p8 37.72 1 M4' N2' 2719 L146 5&08 N3T b6' 22-W t7 4220 NU ST In L67 37.68 mT 01' 04E LIO7_L 29.60 I W tr 3219 L147 24.34 X79' 41' 4519 E 6800 N58' 3W 5719 L68 54.16 N3r 15''26'W UOB 47.73 S29' 19' 28'W U48 3547 S68 31' 11'W * 49.90 N0 3r 03E L39 27.75 N29' 2t' 2319 La09 33.33 S78' 25 32E L149 49.49 SE' 3r 58'W 0 7.9 1 N62' 36' 25'W L70 21.93 wr 33' 4WE L110 71.75 SW 44' ZrW LIM 3&37 NST 3T 24'W It 04.18 NW 10' 00'W L71 36.38 St8' 05' 19E L111 78.08 ISM 25 47'W LiSt 21.83 S48' 30' 15'W 33.22 NOD' b6' 24E L72 40.36 S4' S3' 47E 1.112 44.75 SIT O4' S3TM 1.152 3584 N67' 31' ov 39.21 N42' 3W 04E 1.73 29.28 N70' 1W 37'IT 1113 86.31 519' 4W Orw mw 8&46 Na. 64' 3OE F 73.46 WM tr 0019 174 49.13 NW 21' " L114 47.62 St4 14' S4i L154 16.30 X34 42' DE t9 N68 2r 25E L75 28.33 NS 24' 36'11 1115 39.81 Sir Or 31'W Lin 9393 4q9' b1' 01'19 59.50 N217 43' 81 W 1.78 4216 N7' 31' 26'W I uiq 71.1b I Sr 3T 26E tLIN I 28b8 NTT Sr 6719 48.26 N2r 4T 34E L77 WAS M4 00 0419 L117 43.98 Sir 29' 13TH L157 39.71 N4' W. 28'W i5S4 Mt' SS' 39'E L78 4945 Wr SW 3519 L1t8 61.5N 1 S21' 43' MV LIS8 1 27.327 N42' 49' OS'W 34.12 NTT Ot' 2619 1.79 4502 N79' 14' 36E L119 3 &O5 S40 16' OB'W 1.158 1 �NIWWW 26.00 570' SO' 20'19 1..90 47.27 N7S 33' ICE 1.120 2283 ST 3r 17'19 1.160 8 43 53 S78' 15' 2719 Let 50.37 N40' O5' 21'19 1.121 438 S40 44 1819 BOUNDARY LINE TABLE 181E Imam I B mmo Lt 12140 1 St0' 1T 4WW NO7ES. 9/ 9/ \ .a La\ • r"' 1 c(/ 3 G� Lo I y` 3r aaa`a000nw 311 I r 31 Ia J-1/ 3� r orract �am�'rtry� �� ♦ e�m. en � 1. AREA DETERMINED BY COORDINATE METHOD. 2 IRON PINS AT ALL PROPERTY CORNERS UNLESS 07MWM NOTED HEREON. I PLUGGED WETLAND LOCATIONS WERE FIELD LOCATED IN SEPTEMBER 2014. GRAPHIC SCALE 200' 0 100' 200' 4 111111111111111111q �i l IN FEET ) 1 inch = 200 fu SOUTH ZZ! = ' =1' f= DARE COU NORTH CAR A THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT IM 1HE AREAS IMPACTED BY THE PRESENT PROPOSED ACiMTY AS DETERMINED BY THE UNDERSIGNED ON THIS DATE 07M AREAS OF JURISDICTION MAY BE PRESENT ON THE SITE BUT HAVE NOT BEEN DELINEATED. UNLESS 11B3tE IS CHANGE IN THE LAW OR OUR PUBLWED REGULATIONS, THIS D£MONA71ON OF MOM 404 JURISDIC 10N MAY BE RELIED UPON FOR A PMW NOT 70 EXCEED FiVE YEARS FROM 7HIS DATE THIS DETERMINATION WAS MADE UflLMMG 714E APPROPRIATE REGIONAL SUPPLEMENT TO THE 1887 CORPS OF ENGINEERS KIFLA NO DELINEATION MANUAL REGULATORY OFFICIAL TITLE DATE USACE AC71014 ID IWETLAND LINE TABLE WETLAND LINE TABLE WETLAND LINE TABLE WETLAND LINE TABLE L2 14,57 MW 15' 4219 L42 29.00 S73' 68' 11E U!2 b4J98 I ml- OO' 3919 L122 13.08 318' Or 39'W L3 11.68 Nay or 5319 L43 29.27 Nor 51' WE LW 46.24 jit3Y 2D' 2319 L123 69.67 S63' 00' S2'W L4 18.88 S63 40' OB'E L44 24.30 N41' 34 Ir E UM 43.52 9W 38' 1WE L124 39.83 NBT 04' 30'W L5 13.49 SW tT 25-E L45 2208 NT 19' 4rE L85 I M96 I Nor 13' B E I L1251 54.79 1 NW 2r &M 'A 3108 SW 2W 3519 I L48 44.94 N71' 37' 26-W LW 3556 N3r 43' 52E L126 4302 Nor 2r ww L7 14.30 S74- OW WE L47 41.88 Wr 18' S89M W 1298 Sig' 27' IrE L127 M40 NW 2O' 3rW LB 11.59 S81' 57 34E L48 2519 wtr 1W 48'E us tA.97 S37' 16' 31-W LIM 49.09 N81' 2W O6'W L9 24.17 w 11' S31M L49 4&72 MS 3T 7WE L89 21.33 SST 01' 39'11 Lin 23.60 N38' 54' WE L.io 1 77.15 N= o9. 4011' L50 8.68 m0' 36' WE LAO 5&49 527' 12' 17-E L130 4546 SW 33. 08 E Lit 2&09 N4T 4T 25'1M LM t2.68 Inc 10' "I LAI 1 4136 1 SNr OW OBE L131 6213 041' SS WE L12 19.54 Sm" 39' 0" L62 34.13 NTT 89' 43'W M I 60.30 I SIO' 2W On L132 25.63 N10' 43' 3rW L13 8.92 N32' 56' 2rW L53 16.82 I N4T 4W 11'W L.93 I 4139 I Mo. 31' 13T U33 3331 N20' 33' WE L14 36.49 N4. 41' 27-W L54 38.25 N8r 31' IrW L94 I b7.91 SM' 23' OW'W L134 30.38 N71' 10' WE 1.15 6&59 N26' 29 20'W l55 1 4&03 N40' 3W ALAS 1 3384 SXr 13' 18'19 ILIZI 3200 INW4r 2619 LIS 18.38 NM- 35' 22'W I LW T40.11 Wr OO' 14E L.96 34.64 SOr 69' 0419 L138 1 39.43 1 N6' 00' 1919 L17 45.75 N20- tr M-E-f L57 1 6&14 Nob' 24' o8E L97 31.19 X33' 4r 0819 L1371 1117 1 N3' OW 25'W LIS 31.58 N45' 49' 44E L58 32.82 NM- OS' 1819 L96 8570 Mt' O4' 10E L136 7.89 N7W 4W 54'W 09 1 3&09_r"'54' 27E L59 97.07 N34 29' 3619 L99 28.17 N7r 10' 43 E LIM 3393 N50' OW 08'W .20 6&56 MO' 3W O7" E 1.80 31.78 m0. 53' 34E L100 46.39 S19. 3C 4319 Lmo 18.67 Nob' 47- Ot'W L21 5517 m' 3W wE I 1.61 2270 M4' 29' 12T L101 37.55 S79' 31' WE L141 1527 mr tW 11'M' 22 4562 NT 4r 37'11 I L62 37.86 N24 2f' 2119 I L102 73.82 S3T 00' 34'19 Lt42 28.92 1 mi' 16' 22"W 23 6289 MT or 1919 I L93 I 27.23 N09. 34' 3719 I L103 I 24.85 S26' OW 43'W 1 U431 0&78 1 Mr OW 00'W 24 38.37 N1' 21' ir'W 1.64 28.02 1 SW 2W bW'E I L104 41.QO 1 SW 24' 2019 I 1144 25.04 N7S 4W IIE 25 SL44 N8T 01' 14-W L85 71.02 N14' 36' 3SE L10S 8599 1 SW 24' 41-W L145 7.18 N34 21' 3819 26 38.38 M2' BY 41'W L66 49.38 N14' b3' 30-E L1p8 37.72 1 M4' N2' 2719 L146 5&08 N3T b6' 22-W t7 4220 NU ST In L67 37.68 mT 01' 04E LIO7_L 29.60 I W tr 3219 L147 24.34 X79' 41' 4519 E 6800 N58' 3W 5719 L68 54.16 N3r 15''26'W UOB 47.73 S29' 19' 28'W U48 3547 S68 31' 11'W * 49.90 N0 3r 03E L39 27.75 N29' 2t' 2319 La09 33.33 S78' 25 32E L149 49.49 SE' 3r 58'W 0 7.9 1 N62' 36' 25'W L70 21.93 wr 33' 4WE L110 71.75 SW 44' ZrW LIM 3&37 NST 3T 24'W It 04.18 NW 10' 00'W L71 36.38 St8' 05' 19E L111 78.08 ISM 25 47'W LiSt 21.83 S48' 30' 15'W 33.22 NOD' b6' 24E L72 40.36 S4' S3' 47E 1.112 44.75 SIT O4' S3TM 1.152 3584 N67' 31' ov 39.21 N42' 3W 04E 1.73 29.28 N70' 1W 37'IT 1113 86.31 519' 4W Orw mw 8&46 Na. 64' 3OE F 73.46 WM tr 0019 174 49.13 NW 21' " L114 47.62 St4 14' S4i L154 16.30 X34 42' DE t9 N68 2r 25E L75 28.33 NS 24' 36'11 1115 39.81 Sir Or 31'W Lin 9393 4q9' b1' 01'19 59.50 N217 43' 81 W 1.78 4216 N7' 31' 26'W I uiq 71.1b I Sr 3T 26E tLIN I 28b8 NTT Sr 6719 48.26 N2r 4T 34E L77 WAS M4 00 0419 L117 43.98 Sir 29' 13TH L157 39.71 N4' W. 28'W i5S4 Mt' SS' 39'E L78 4945 Wr SW 3519 L1t8 61.5N 1 S21' 43' MV LIS8 1 27.327 N42' 49' OS'W 34.12 NTT Ot' 2619 1.79 4502 N79' 14' 36E L119 3 &O5 S40 16' OB'W 1.158 1 �NIWWW 26.00 570' SO' 20'19 1..90 47.27 N7S 33' ICE 1.120 2283 ST 3r 17'19 1.160 8 43 53 S78' 15' 2719 Let 50.37 N40' O5' 21'19 1.121 438 S40 44 1819 BOUNDARY LINE TABLE 181E Imam I B mmo Lt 12140 1 St0' 1T 4WW NO7ES. 9/ 9/ \ .a La\ • r"' 1 c(/ 3 G� Lo I y` 3r aaa`a000nw 311 I r 31 Ia J-1/ 3� r orract �am�'rtry� �� ♦ e�m. en � 1. AREA DETERMINED BY COORDINATE METHOD. 2 IRON PINS AT ALL PROPERTY CORNERS UNLESS 07MWM NOTED HEREON. I PLUGGED WETLAND LOCATIONS WERE FIELD LOCATED IN SEPTEMBER 2014. GRAPHIC SCALE 200' 0 100' 200' 4 111111111111111111q �i l IN FEET ) 1 inch = 200 fu Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: City, State: County: Directions: STARBOARD DRIVE KINNAKEET SHORES AVON, NC DARE OFF NC 12, AVON KINNAKEET BLVD OFF NC 12 TO STARBOARD DR Parcel Index Number(s) (PN: 054909057799 B. REQUESTOR INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address I: DENNIS W HAWTHORN 407 ANGLER WAY KITTY HAWK, NC 27949 252 - 599 -1040 denniswhawthorn @charter net Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address3: GEORGE BROWN, MM for KINNAKEET SHORES 16, LLC 17500 FREDRICK RD MT AIRY, MD 21771 ❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel /Tax Record data) 1 If available z Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION 1, the undersigned, a duly authorized owner of record of the property /properties identified herein, do authorize representatives of the Wilmington District, U S. Anny Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U S subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Hai bors Act of 18�9�9 JL— Z.L r"� ,�v t'�, . ; `j,'ifSZl�l���:✓„CG'r't!�'Y J'.�- �t'� .ate =''f /l �-y� Property Owner (please print) Date Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One• I am requesting that the Corps provide a preliminary JD for the property identified herein This request does include a delineation I am requesting that the Corps provide a preliminary JD for the property identified herein This request does NOT include a delineation I am requesting that the Corps investigate the property /project area for the presence or absence of WoUS5 and provide an approved JD for the property identified herein This request does NOT include a request for a verified delineation. I am requesting that the Corps delineate the boundaries of all WoUS on a property /project aiea and provide an approved JD (this may or may not include a survey plat). I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property /project area and provide an approved JD (may or may not include a survey plat) 4 For NCDOT requests following the current NCDOT /USACE protocols, skip to Part E 5 Waters of the United States Version: December 2013 Page 4 Dennis W. Hawthom Coastal Permitting Assistance 252 5991040 ns November 18, 2014 Ms. Kelly Williams NC Eco Enhancement Program 1652 Mail Service Center, Raleigh NC 27699 -1652 Re: KINNAKEET SHORES PHASE 16, GEORGE BROWN, Managing Member Dear Ms. Williams: Greetings to you and thank you for your assistance on the subject project thus far. As we discussed, the applicants are applying for a NWP 18 in order to predominately provide for shoreline stabilization along the shoreline of a man-made lake. In addition, a small portion of the proposed fill will provide for stabilization to an adjacent wetland area. The applicant has redesigned the project subdivision to minimize wetland fill. Instead of applying larger fill amounts on multiple lots after the property building lots have been subdivided and formalized through the County, the owners have opted to minimize fill in order to move the project forward and with less impacts to coastal resources. . In this regard, we are applying for permits with the US ACE & NCDWQ to obtain authorization to fill 0.10 A in order to provide for these needed improvements, etc. As we discussed, a mitigation bank debit is not available for the vicinity at this time. The two associated pages concerning this In Lieu Fee Request should be attached to the email accompanying this letter. If you have questions or need additional information, please contact me at the email address above or the phone number below. Thanks again, Dennis W. Hawthorn Coastal Permitting Assistance Coastal Permitting Assistance 407 Angler Way Kitty Hawk, NC 27949 252 5991040 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP - IE, h ; Revised June 18, 2014 .93 C --'s ...CC�:?.?�rc CONTACT INFORMATION ;^ V APPLICANT'S AGENT ' APPLICANT 1. Business/Company Name ©� S ✓fit 03=a m tT l} s iT-VAP k r I Kt 2. Contact Person 3. Street Address or P O Box ki „ Lza 1-7 50U C(C I? 4. City, State, Zip k.t [-- �� 'Z i — tit 21 5. Telephone Number 1 25 2_ s -41(2(- 4O - -7 2rx 6. E-Mail Address 7. Project Name vbs W tAOVJ'{Ll01A i!� Cka PROJECT INFORMATION it vu-t 8. Project Location (nearest town, city) ; AvU tj, tiL C �9. Lat -Long Coordinates or attach a map 3 S -] S e) -ZQ 10. County DAi0c_: 11. River Basin & Cataloging Unit (8- digit) (See Note 1) 12. Project Type * *indicate owner type and write in protect type (e g school, church retail, I der Type: ❑ Government � Private residential, apartments, road utilities military i Project Type: etc )-° i 6UGO'lVI S 10 �l 13. Riparian Wetland Impact (ac.) (e.g., 0.13) I 14. Non - Riparian Wetland Impact (ac.) o Q pc� 3 15. Coastal Marsh Impact (ac.) 16. Stream Impact (ft.) (e.g. 1,234) Warm Cool Cold i f 17. Riparian Buffer Impact (sq. ft) Include subwatershed if Jordan or Falls Lake: ' Zone 1: Zone 2: i 18. Regulatory Agency Staff Contacts NCDWR: USACE. Other. �r By signing below, the applicant is confirming they ,have 0 revision to a current acceptance read and understand EEP's refund policy posted at nceep.net and attached to is form. El renewal of an expired acceptance Signat pp 'c nt or A horized Agent: ❑ extension of unexpired acceptance Date• L Note 1 For help in determining the Cataloging Unit, visit­,f ,,,,' r,ce ;> or contact EEP Direct questions to Kelly Williams at 919 - 707 -8915 or i e­; -,'Is or to EEP's front desk at 919 - 707 -8976 Statement of Compliance with Session Law 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks and SL 2011 -343. Prior to accessing the Ecosystem Enhancement Program (EEO)- In -Lieu Fee Mitigation Program, all applicants requesting wetlands, stream and /or riparian buffer mitigation are now required by law to comply with Session Law 2009 -337 An Act to Promote the Use of Compensatory Mitigation Banks and Session Law 2011 -343. All requests submitted on or after June 27, 2011 MUST include this form signed and dated by the permit applicant or an authorized agent. Please refer to _ _ -: _ for more detailed guidance Compliance Statement: I have read and understand SL- 2009 -337 and SL -2011 -343 and have, to the best of my knowledge, complied with their requirements. I understand that participation in the NCEEP is voluntary and subject to approval by permitting agencies. Please check all that apply: Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143- 214.11 (as amended by SL 2011- 343) and is not required to purchase credits from a mitigation bank. There are no listed mitigation banks with the credit type I need located in the hydrologic unit where this impact will take place,,- _ _ _ UT Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not currently available. The DWR or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. p This is a renewal request and the permit application is under review. Bank credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Note: It is the applicant's responsibility to document any inquiries made to private mitigation banks regarding credit availability. 29 L—W I have read and understand EEP's refund policies (attached) initial here r l _ Sig ature of Applicant or /Agent // l % C Date Project Name I ,covlks 'TtL i VtG�� Printed Name Location Print Form 4 North Carolina Department of Environment and Natural Resources Pat McCrory Governor George Brown Kinnakeet Shores 16, LLC 17500 Fredrick Road Mt Airy, MD 21771 Project: Kinnakeet Shores Phase 16 Michael Ellison, Director John E, Skvarla, III Ecosystem Enhancement Program Secretary November 20, 2014 Expiration of Acceptance: May 20, 2015 County: Dare The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for protect impacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved You must also comply with all other state. federal or local government permits regulations or authorizations associated with the proposed activity including SL 2009 -337• An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L 2011 -343 This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the issued 404 Permit /401 Certification /LAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep.net Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by permitting agencies and may exceed the impact amnnnrc chnum hain. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010 Thank you for your interest in the NCEEP If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915 cc Kyle Barnes, USACE- Washington Roberto Scheller, NCDWR- Washington Dennis Hawthorn, agent Sincerely, James. B Stanfill Asset Management Supervisor 1652 Mad Service Center, Raleigh, North Carolina 27699 -1652 Phone. 919 - 707 -89761 Internet, www.nodenr gov An Equal Opportunity 1 Affirmative Acton Employer— Made in part by recycled paper River CU Stream (feet) Wetlands (acres) Buffer I Buffer Il Basin Location (Sq Ft) (Sq Ft) Cold Cool Warm Ri arian Non - Riparian Coastal Marsh I Impact J Tar - Pamlico 03020105 0 0 0 0 Up too 10 1 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010 Thank you for your interest in the NCEEP If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915 cc Kyle Barnes, USACE- Washington Roberto Scheller, NCDWR- Washington Dennis Hawthorn, agent Sincerely, James. B Stanfill Asset Management Supervisor 1652 Mad Service Center, Raleigh, North Carolina 27699 -1652 Phone. 919 - 707 -89761 Internet, www.nodenr gov An Equal Opportunity 1 Affirmative Acton Employer— Made in part by recycled paper �J 9 o � o o�A o�`i v.3 Office Use Only - Corps action ID no DWQ project no Form Version 14 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Formg PAIn A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps. © Section 404 Permit {] Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number 1 c Has the NWP or GP number been verified by the Corps? © Yes ❑ No Id Type(s) of approval sought from the DWQ (check all that apply) Q 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 NX No For the record only for Corps Permit ❑ Yes ❑X No If 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 ❑X Yes ❑ No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below 0 Yes ❑ No 1 h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a Name of project. KINNAKEET SHORES 16, LLC 2b County DARE 2c Nearest municipality / town. AVON 2d Subdivision name KINNAKEET SHORES 2e NCDOT only, T I P. or state project no 3. Owner Information 3a Name(s) on Recorded Deed. KINNAKEET SHORES 16, LLC 3b Deed Book and Page No 1952/0419 3c Responsible Party (for LLC if applicable): GEORGE BROWN, MANAGING MEMBER DEC 3d Street address- 17500 FREDRICK RD 3e City, state, zip MT AIRY, MD 21771 40NR -WATER RESOURCES 3f Telephone no. 252 - 599 -1040 DENNIS W HAWTHORN, AGENT 3g Fax no 3h Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is. ❑ Agent ❑ Other, specify. 4b. Name. 4c Business name (if applicable) - 4d. Street address 4e. City, state, zip - 4f Telephone no.. 4g. Fax no. 4h Email address: 5. Agent/Consultant Information (if applicable) 5a Name. DENNIS W HAWTHORN 5b Business name (if applicable) - 5c Street address Before 12- 22 -14. . 407 ANGLER WAY, Kitty Hawk NC 27949 5d. City, state, zip. After 12- 22 -14. 32B SANFORD ST, ST. AUGUSTINE, FL 32084 5e. Telephone no.. 252 - 599 -1040 5f Fax no. 5g Email address denniswhawthom @gmad corn Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) PARCEL ID NO 014822269 1b Site coordinates (in decimal degrees): Latitude. 35 338106 Longitude -75 511013 1c Property size 22.9 acres 2. Surface Waters 2a Name of nearest body of water to proposed project. MAN -MADE LAKE, PAMLICO SOUND & ATLANTIC O 2b Water Quality Classification of nearest receiving water. SA 2c River basin TAR- PAMLICO 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application THE SITE IS AN EXISTING RESIDENTIAL SUBDIVISION (S/D) AROUND A MAN MADE LAKE THE MAJORITY OF BUILDABLE SITES HAVE BEEN BUILT UPON IN THE PROJECTS PREVIOUS PHASES THE S/D IS PLANNED SUCH THAT ONLY THE BUILDABLE FOOTPRINTS OF THE PROPERTY WILL BE BUILT UPON, ALLOWING FOR & MAINTAINING AS MUCH OPEN SPACE AS POSSIBLE & MINIMIZING IMPACTS 3b List the total estimated acreage of all existing wetlands on the property 1063 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property. 0 3d Explain the purpose of the proposed project The protect is to provide for shoreline W or slope stabilization, & to allow the developer to continue to maintain the same area of budding envelopes tha 3e Describe the overall project in detail, including the type of equipment to be used, The project includes 4 small fill areas These areas will result in overall minimal impacts compared to if individual property owners were to apply for 4 sE 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? E] Preliminary ❑X Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Kyle Barnes Agency /Consultant Company. US ACE Other: 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Action ID SAW- 2014-01747 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the pasty Yes ❑ Unknown 0 ❑ No 5b If yes, explain in detail according to "help file" instructions. This is a portion of an existing subdivision and previous County & State (Storm water) authorizations have been obtained 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b If yes, explain This is the final phase of an easbng subdivision project Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply)- ❑X 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 impact Type of wetland Forested Type of junsdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary W1 P Fill Non -Tidal Freshwater Marsh No Corps 00993 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes[No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one YeslNo - W6 - Choose one Choose one YesMo - 2g. Total Wetland Impacts: 00993 2h Comments* The applicant is completing the development of a County approved subdivision based upon a previous wetland delineation that expired recently The current delineation resulted in a significant reduction in the site's overall available buildable area However, to move the protect forward, the applicant has opted to pursue one NWP18 instead of waiting, selling the individual lots then requiring the individual property owners to each seek their own NWP which could result in four times the impact This option will allow the budding envelopes to meet the County sf requirements approved previously 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a 3b. 3c. 3d. 3e 3f. 3g Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary p ry m (feet) feet) S1 - Choose one - _ S2 - Choose one _ _ S3 - Choose one _ _ S4 - Choose one _ _ S5 - Choose one S6 - Choose one 3h Total stream and tributary impacts 31 Comments There will be no stream or open water impacts All associated fill and structures will be landward of the shoreline and NWL Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indiv ually list all open water impacts below 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g Comments: N/A 5h Is a dam high hazard permit required? E] Yes © No If yes, permit ID no 51 Expected pond surface area (acres)- 5j Size of pond watershed (acres): 5k Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mite ation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? [] Neuse Tar - Pamlico 0 Catawba E] Randleman [J Other- 6b Buffer Impact number— Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet 131 - Yes/No B2 - Yes/No B3 - YeslNo B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 61 Comments' Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The project involves the completion of a previously approved subdivision(S /D) that was originally based upon a previous wetland delineation th recently expired The owners have redesigned the project to minimize impacts while still providing required County setbacks In order to avoid & minimize impacts to coastal resources, the SID is planned so that only the budding envelopes of each lot well be disturbed allowing for more open space, less earth disturbing activities & less potential sedimentation of adjacent waters and wetlands. lb Specifically descnbe measures taken to avoid or minimize the proposed impacts through construction techniques Construction will utilize sedimentation BMP's, including filtration cloth, seeding & mulching in order to avoid & minimize erosion & sedimentation impacts to adjacent wetlands & nearby waters. No fill or structures will be placed in any open waters & silt fence will-be installed around the sites prior to any filling activities 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S. or Waters of the State? Yes ❑ No 2b If yes, mitigation is required by (check all that apply)- ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ® Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank. 3b Credits Purchased (attach receipt and letter) Type: Choose one Type. Choose one Type Choose one Quantity- Quantity Quantity: 3c. Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached. ❑X Yes 4b Stream mitigation requested- linear feet 4c If using stream mitigation, stream temperature: Choose one 4d Buffer mitigation requested (DWQ only). square feet 4e. Riparian wetland mitigation requested: acres 4f Non - npanan wetland mitigation requested: 025 acres 4g Coastal (tidal) wetland mitigation requested: acres 4h. Comments, NWP 18, 0 25 acres of mitigation credits approved for 0 099 A of impact 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 buffer mitigation? ❑ Yes ❑X No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 15 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) 6h Comments. Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified E] Yes Q No within one of the NC Ri arian Buffer Protection Rules lb If yes, then is a diffuse flow plan included? If no, explain why D Yes No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0% 2b Does this project require a Stormwater Management Plan? ❑ Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why. The project is part of a previously approved subdivision which has a current storm water plan in place_ 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan'? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this ro"ect'7 DARE COUNTY ❑ Phase 11 3b. Which of the following locally - implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed © Other - 3c Has the approved Stormwater Management Plan w% proof of approval been es ❑ No attached 0 4. DWQ Stormwater Program Review OCoastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): []Session Law 2006 -246 ❑Other. 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached'? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ❑ No 5b Have all of the 401 Unit submittal requirements been mete © Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal/state/local) funds or the Yes OX No use of public (federal/state) land? 1 b If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA) 7 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 letter) ❑ Yes ❑ No Comments - 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1 300), DWQ Surface Water or Wetland Standards, E] Yes © No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b Is this an after - the -fact permit application? ❑ Yes No 2c If you answered 'eyes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in []Yes © No additional development, which could Impact nearby downstream water quality. 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative Impact analysis in accordance with the most recent DWQ policy If you answered "no,' provide a short narrative description. The project will not result of the placement of any fill in open waters The wetland fill areas will be landward of the shoreline & fill will be retained behind stabilization structures that wig use filtration fabric & the filled areas will be graded, seeded, Mulched & have sediment fence around the site areas to prevent any sedimentation into any nearby waters 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility This project will not involve any wastewater other than storm run off- The project areas will use BMP's & install sediment fence around the sites to prevent any siltation of adjacent waters or wetlands Page 9 of 10 PCN Form — Version 1.4 January 2009 S. 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 El Yes QX No impacts? 5c If yes, indicate the USFWS Field Office you have contacted -NA 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat?T ❑ Yes Q No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments 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? NA 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA - designated 100 -year floodplain? 7-59 Yes ❑ No 8b If yes, explain how project meets FEMA requirements: The project includes only the placement of eathen fill stabilized behind a retaining wall structure 8c What source(s) did you use to make the floodplain determination? Local FEMA mapping Dennis W. Hawthorn 11 -21 -2014 Applicant/Agent's Printed Name Date plicaktAgent's Signature 4 ( gents signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 FILL AREA LINE TABLE LINE LENGTH BEARING L2 7.99 N29' D8' 18'W L3 31.31 N60' 51' 42'E L4 12.99 S41' 34' 18 -W L5 19.41 S49' 51' 38'W L6 21.58 N11' 30' 22 -W L7 12.39 N11' 16' 22'W L8 29.41 N2' 05' DO'W 1_9 45.74 N68' 50' 55'E L10 40.00 S21. 09' 05'E Lit 57.47 S68' 50' 55 -W L12 45.36 N84' 14' 2r L13 j 40.00 j S5' 45' 33 -E L14 17.83 S84' 14' 27'W L15 39.02 N48' 03' 47'W L16 11.22 N12' 16' 11'W L17 36.12 N38' 57' 55'W L18 36.00 N51' 27' 11'E L19 13.05 S38' 57' 55 -E L20 25.41 S40' 16' 08 -W L21 21.17 S7' 32' 17 -E BOUNDARY LINE TABLE LINE LENGTH BEARING L1 22.40 S10' 17' 48 -W PROPOSED 404 WETLAND FILL AREA 1 Ds�os 143 SF +a KTnums 1 RETAINING WALL/ PROPOSED 404 WETLAND \ FILL AREA 1 � 16.0 CU. YDS. IA, 5= 0- DETAIL RETAINING WALL NOT TO SCALE FINISH GRADE = 6.9' EXISTING GROUND FURTHERMOST EXTENTS OF WETLAND TO BE FILLED / °AY I PROPOSED 404 WETLAND FILL AREA 2 04WEn.as 2,093 SF LW __�_BULKHEAD WATER ELEV. =1.5 N+� aeF FINISH GRADE = 6.7' PROPOSED 404 WETLAND FILL AREA 2 5 -_ ... ...... , 264 CU, YDS. NWL WATER ELEV. =1.5 DETAIL FURTHERMOST EXTENTS EXISTING NOT TO SCALE OF WETLAND TO BE GROUND FILLED SURVEYOR'S CERTIFICATION I, Michael D. Barr, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed and description recorded in Books referenced); that the boundaries not surveyed are clearly indicated as drawn from information found in Books referenced; that the ratio of precision or positional accuracy is 1:10,000; and that this map meets the requirements of The Standards of Practice for Land Surveying in North Carolina (21 NCAC 56. 1600).' Witness my original signature, registration number and seal this day of 14. 6 Professional Land Surveyor IIICNAIRI O SEAL L -1756 o ° 9ya � z e �11111'Y,111114 ,\N PROPOSED 404 mEs ww WETLAND FILL AREA 3 PROPOSED 404 WETLAND 1,406 SF NWL WATER ELEV. =1.5` � FILL AREA 4 686 SF 17X J BULKHEAD BULKHEAD NWL WATER ELEV. =1.5 ' PROPOSED 404 WETLAND g0d FINISH GRADE = 6.9' FILL AREA 4 � / FINISH GRADE = 5.4' PROPOSED 404 WETLAND 49 CU. YDS. FILL AREA 3 - NWL WATER ELEV. =1.5 5_ - x 180 CU. YDS. _ NWL WATER ELEV. =1.5 W _ 0- BULKHEAD BULKHEAD -0 DETAIL DETAIL EXISTING NOT TO SCALE NOT TO SCALE EXISTING FURTHERMOST EXTENTS FURTHERMOST EXTENTS GROUND GROUND OF WETLAND TO BE OF WETLAND TO BE FILLED FILLED SH ESA ASE 12 C z P.C.E, SL. 672 1 ECMEI _, /� 4 C1 DRIVE PROPOSED \ EIP Q NET 1 22.00 ACRES 404 NETLAND -� 404 •rs 10.63 ACRES w FILL AREA 1 D.B. -11.37 ACRES NDTTER V JOINT ,_RE JOIN c-! GEORGE = GDODRIcN 8 143 SF N. IN WETLAND AMES AC ACRES ~ O r4 w cr w U M� A O °a W E_ W 0 CLI m _8 ; 0 AREA TRACT i 1 ECMEI =22.91 _XMff "§ £ P6R DRIVE : 0.91 ACRES EIP Q NET 1 22.00 ACRES / 404 NIPS 10.63 ACRES P.C. UPLAN D.B. -11.37 ACRES NDTTER V JOINT ,_RE JOIN c-! GEORGE = GDODRIcN AK ARE I I A ABO I( LUDED � �A3 N. IN WETLAND AMES fbs / 5 E1 PROPOSED 404 ON SF KINNMIEET SNORES R1' PHASE 17 33 C. E. a. en SURVEY LEGEND ECMEI EXISTING CONCRETE MONUMENT SIR OQ SET IRON ROD EIR Q EXISTING IRON ROD EIP Q EXISTING IRON PIPE CP o CALCULATED POINT M.B.L. MAXIMUM BUILDING LIMIT N.T.S. NOT TO SCALE P.C. PLAT CABINET D.B. DEED BOOK SL SLIDE SF SQUARE FEET AC ACRES 3 1.406 SF I INNAKEET SNORES PHASE 17 �'•/� P.PHASE GRAPHIC SCALE 200' 0 100' 200' 400' ( IN FEET ) 1 inch = 200 ft. I As J NOTES: KXS *SHORE' K: NAD x!3(2001) COORDINATES 3.042.207�LI O SF: 0.99987972 C6 ( I\ r1 U a $ v 4 U UiS 4 ••� W�Eas LAKESI SNORES R NMEET 0I gM P.CNC iii! yOe Ulm °c • m °B- PROPOSED 9 404 VVLAND 2 / 2.093 SF PROPOSED, // WTLAM Ens ES@ 3 1.406 SF I INNAKEET SNORES PHASE 17 �'•/� P.PHASE GRAPHIC SCALE 200' 0 100' 200' 400' ( IN FEET ) 1 inch = 200 ft. I As J NOTES: KXS *SHORE' K: NAD x!3(2001) COORDINATES 3.042.207�LI O SF: 0.99987972 C6 E o 4 g •�ao 3 S $ W 4 4 ••� W�Eas LAKESI SNORES R NMEET 0I gM P.CNC iii! 1. AREA DETERMINED BY COORDINATE METHOD. 2. IRON PINS AT ALL PROPERTY CORNERS UNLESS OTHERWISE NOTED HEREON. 3. FLAGGED WETLAND LOCATIONS WERE FIELD LOCATED IN SEPTEMBER 2014. 4. TOTAL PROPOSED 404 FILL AREA = 4,328 SF 5. SEE SHEET TWO FOR FURTHER DETAIL a a 0 E o 4 g •�ao 3 S °c-'. a gel NN 2 m m D) _N 2.1 g • yOe Ulm °c • m °B- Ens ES@ ~ O r4 w cr w U M� O °a W E_ W 0 CLI m 0 i 0 I Z ' DATE: 11 -21 -14 SCALE 1 =200' MSB MDB BPG SHEET: 1 2 CAD FlLE 152300404FILL PRO„ECT N0: 1523 PROPOSED 404 WETLAND FILL AREA 1 143 SF PROPOSED 404 WETLAND FILL AREA 1 16.0 CU. YDS. DETAIL NOT TO SCALE 0— UPLANDS UPLANDS 404 WETLANDS 1 RETAINING WALL / 36.00 5- 0— RETAINING WALL FINISH GRADE = 6.9' EXISTING GROUND FURTHERMOST EXTENTS OF WETLAND TO BE FILLED 45.01 I RETAINING WALL PROPOSED 404 WETLAND FILL AREA 2 404 WETLANDS 2,093 SF LAKE BULK�NWL WATER ELEV. =1.5 ' 56.68' I� RETAINING WALL I FIt\II�H GRADE = 6.7' DOSED 404 WETLAND FILL AREA 2 264 CU. YDS. NWL WATER ELEV. =1.5 FURTHERMOST EXTENTS Lkt)IIINU OF WETLAND TO BE GROUND FILLED DETAIL NOT TO SCALE 0 zx O P.C.E, SL. 672 5= 0— 44.60 63.00' PROPOSED 404 WETLAND FILL AREA I 1,406 SF I IMP BULKHEAD TAINING W �.� NWL WATER ELEV. =1 .5 POSED 404 WETLAND FILL AREA 3 180 CU. YDS. NWL WATER ELEV. =1.5 FURTHERMOST EXTENTS OF WETLAND TO BE FILLED NWL WATER ELEV. =1.5 BULKHEA PROPOSED 404 WETLAND FILL AREA 4 49 CU. YDS. NWL WATER E DETAIL NOT TO SCALE tnI�) I IINu GROUND 12.65' I/ DETAIL NOT TO SCALE DOSED 404 WETLAND FILL AREA 4 686 SF E71 N iicu TRADE = 5.4' —5' —0 FURTHERMOST EXTENTS OF WETLAND TO BE FILLED EXISTING GROUND � o x � F w � O � W 0 w E, °a O a v^ N`: SGALF 11 -21 -14 1-200' e� v^ N`: SGALF 11 -21 -14 1-200'