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HomeMy WebLinkAbout20071732 Ver 1_CAMA Application_20071011WITHERS c~' RAVENEL ENGINEERS I PLANNERS I SURVEYORS 704o WRIGHTSVILLE AVENUE, SUITE 101 WILMINGTON, NORTH CAROLINA, 28403 (910) 256-9277 FAX (910) 256-2584 0 7 - 1 7 32 ~EI~~Q 0~ ~° ° [~E~1~EE~ T0: NC Divison of Water Quality - 401 Wetlands Unit 2321 Crabtree Blvd Raleigh, NC 27604 WE ARE SENDING YOU ^ Shop Drawings ^ Copy of Letter DATE 10/ /0 loB No. 0.06110 .00 aTrENnoN Ms. C ndi Karol PHONE # RE: Glenkirk Subdivision NWP 2 A lication ® Attached ^ Under separate cover via ^ Prints ^ Plans ^ Samples ^ Change order ^ Diskette ^ ^ Resubmit ^ Submit ^ Return COPIES DATE N0. DESCRIPTION 6 so/ /0 0.06110 .oo NWP 2 PCN THESE ARE TRANSMITTED as checked below: ® For approval ^ Approved as submitted ^ Foryour use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US 1 k h REMARKS: ~~a~ ~."'.~ , ~,, a..:..,, 4.h ~»~ ~..;,.: ~ I t, o~~r ~ zoos Si nature: _ is=~~ . >; 4v~r ~k ra ~E„ ~~z i~T"II7,;3,`•, r,7()R~ig!,!U.djcq 9RA,RCH Date: COPY TO: Fle the following items: ^ Specifications copies for approval copies for distribution corrected prints SIGNED: Troy Beasley If enclosures are not as noted, kindly notify us at once. WITHERS c~ RAVENEL ENGINEERS I PLANNERS 1 SURVEYORS October 5, 2007 US Army Corps of Engineers Regulatory Field Office Attn: Ms. Kim Garvey 69 Darlington Avenue Wilmington, NC 28403 Re: Glenkirk Subdivision Previous AID# SAW NC-Division of Water Quality 401 Wetlands Unit Attn: Ms. Cyndi Karoly ~ 7- 1 7 3 2 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 2006-41094 W&R Project #03061103.00 Dear Ms. Garvey and Ms. Karoly, On behalf of Southern Villages, LLC., we are requesting authorization from the USACE to use NWP 29 for 0.30 acres of permanent impacts and 0.02 acres of temporary impact to jurisdictional wetlands for the construction of the proposed project. A copy of this PCN has also been provided directly to Ms. Joanne Steenhuis in the DWQ Wilmington Field Office. The site is located east of the intersection of Hale Swamp Road and Goose Creek Road in Shallotte, Brunswick County. The project is approximately 37.04 acres in size and is located in the Lumber River basin. The wetland delineation was reviewed and approved by Ms. Kim Garvey (AiD #2006-41094) on March 5`~', 2007. A copy of the signed JD Survey and tearsheet has been provided as an Appendix to the enclosed PCN. The current request is for 0.30 acres of permanent impacts and 0.02 acres of temporary impacts to Section 404 jurisdictional wetlands (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincere.ly; -~---~- ___--- / _ TroyrBeasley Environmental Scientist Attachments: NWP 29 PCN Cc. Joanne Steenhuis - DWQ Wilmington Field Office 7oyo Wrightsville Avenue, Suite ioi Wilmington, North Carolina z8yo3 tel: 9io-z56-gz77 fax: 9io-z56-z58G www.withersravenel.com Office Use Only: Form Version March 05 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 ~~ ~-- , '~ ' ~' 3 2 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: 29, 33 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: 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, ~L~na,~ement Area of Environmental Concern (see the top of page 2 for further details), c ~' ~k ~:~ ~~ ~; ~'~~^ ~ ; ~' '~ . ~' II. Applicant Information ~~~ ~ :a. zoos f7~~~:~ -~ t~+A; ~k ~~'t1-~L;i~' Owner/Applicant Information ''~,~'"; ~,,u ,~T~`'~ ~~'fl~h~._,~ ~~~~~.N Name: Goose Creek Partners, LLC _ Mailing Address: 150 Towerview Court Cary NC 27513 C-,.1d~ns~n F- >~a .t L 1 ~d' d Telephone Number: 919-535-0111 Fax Number: 919-535-0127 E-mail Address: 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.) Name: Troy Beasley Company Affiliation: Withers and Ravenel Mailing Address: 7040 Wr~htsville Ave Suite 101 Wilminuton NC 28403 Telephone Number: 910-256-9277 Fax Number: 910-256-2584 E-mail Address: tbeasle~withersravenel com Updated 11/1/2005 Page 1 of 10 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 USACI/ 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: Glen Kirk Subdivision 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 2290001002 4. Location County: Brunswick Nearest Town: Shallotte Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From Hwy 175, make a left onto Hw_y 17 Business through Shallotte. Make a right onto Village Road in downtown Shallotte at the Scotchman Make a right onto Hale Swamp Road after you pass the Woodsong subdivision The~roperty is located east of the intersection of Hale Swamp Road and Goose Creek Road. 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): 33.9247 °N 78.4193 °W 6. Property size (acres): 7. Name of nearest receiving body of water: limeys Branch a tributary (RPW) to the Shallotte 8. River Basin: Lumber River (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: The site currently consists of undeveloped land. The Updated 11/1/2005 Page 2 of l0 property lacks a mature canopy as a result of past logging activities. The land use of the surrounding properties consists of sparse residential to the west, undeveloped land to the north and south and a residential subdivision under construction to the east. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will consist of a residential subdivision. The equipment to be used will consist of common commercial construction equipment. 11. Explain the purpose of the proposed work: The overall pro'e~ ct purpose is to meet the rig demand for residential housing in Brunswick County. 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. The onsite wetlands were reviewed and approved by Ms. Kim Garvey the Corps of Engineers on March 5 2007 (AID 2006-41094 Copies of the JD Tearsheet and signed wetland map have been provided as Appendix 1. 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. There are no future permits anticipated for the proposed project The road stub-outs shown on the site plan are required by Brunswick County, and are not indicative of future work by the ~rplicant Please note that the future connections to the proposed road shtb-outs are located in uplands and will not result future wetland impacts to complete the connection. 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. lJpdatcd 11/1/2005 • Page 3 of 10 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: The project proposes 0.30 acres of permanent wetland impacts to onsite wetlands as a result of construction of the shared driveway for Lots 71 and 72, the construction of Newington Lane, and the construction of Lots 42-49 and Lots 53-58. The_project also proposes 0.02 acres of temporary impacts as a result of installation of the stormwater~ipe and sewer pipe which must cross the wetlands. 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 structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Wetland # Impact # A . hnpact 1 Permanent Fill Forested No 150 If 0.03 ac A Impact 2 Temporary Excav Forested /Herbaceous No 500 If 0.01 ac A Impact 3 Temporary Excav Forested /Herbaceous No 700 if 0.01 ac D [mpact 4 Permanent Fill Forested No 250 if 0.27 ac Total Permanent Wetland Impacts 0.30 ac Total Permanent Wetland Impacts 0.02 ac Total Wetland Impact (acres) 0.32 ac 3. List the total acreage (estimated) of all existing wetlands on the property: 4.14 ac 4. Individually list all intermittent and perennial stream impacts. Be sure to identity 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 mnct he inrlnrlPrl Tn calculate acreage_ mnltinly length X width_ then divide by 43.560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intern~ittent7 Average Stream Width Qefore Im act Impact Length (Linear feet) Area of Impact (acres) ICABLE N OT APPL Updated 11/1/2005 Page 4 of 10 Total Stream Impact (by length and acreage) 5. 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 till, excavation. dredain~. flooding. drainaee. 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) NOT APPLICABLE Total Open Water Impact (acres) 6. List tl to cumutactve impact to ati waters or the u.a. resunmg rrom me project Stream Impact (acres): Wetland Impact (acres): 0.32 ac Open Water linpact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feat): 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: ~ Expected pond surface area: Updated 11/1/2005 Page 5 of 10 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. See Appendix 2 The ~roposed~roject will result in 0 30 acres of permanent wetland impacts and 0.02 acres of temporary impacts When the site flan was on ig_nally designed all efforts were made to avoid and minimize wetland impacts to the greatest extent possible. Approximately 0 14 acres of the proposed wetland impacts will occur as a result of the construction of the interior collector road Newington Lane and construction of the shared driveway for Lots 71 and 72 Due to the location of the wetlands within the site plan, these impacts were unavoidable The impacts were minimized by constructing a shared dnveway to provide access to Lots 71 and 72 rather than proposing individual driveways. The wetland impacts were also minimized by desi~~~Newington Lane to the minimum ROW and curve radii requirements of NCDOT and Brunswick County. The wetland finer extending south from Wetland D is proposed to be completely impacted as a result of construction of Lots 42-49 and Lots 53-58 In the original site layout wetland finer (D) was designed to be incorporated into the adjacent lots with no direct impacts from lot fill. However the wetland finger (D) consists of a natural topographic funnel which receives runoff from adjacent uplands during storm events and conveys water into the downstream wetlands. The hydrology of this wetland fin eg r is provided almost entirely from upland runoff, with very little influence from roundwater fluctuations Brunswick County requires that all runoff from hi hg__density subdivisions be captured and treated in the stormwater management system. This design results in all runoff from adjacent lots being directed away from the wetland finer (D , severi~~its natural l~droloQic source Without a sufficient hydrologic source, the function of the wetland finger would be secondarily impacted and eventually convert to a dry ditch. The integrity and long term viability of this wetland finer could not be mamtamed m the post- development condition It was determined that its ecological value would be better served through the provision of mitigation within a significant wetland system. Therefore, the compensatory mitigation will consist of onsite preservation and the purchase of offsrte mrti~ation from EEP Please refer to the Mitigation discussion for a complete explanation of the proposed miti atg ion plan. The 0 02 acres of temporary impacts are needed in order to connect the stormwater pipes to the stormwater pond and to extend the sewer line to Newington Lane These impacts will consist_ of temporary excavation for installation of the~ipes and backfillin~ the trenches with the ori~mal material Upon installation of the pipes the disturbed area will be graded to remove any ruts and allowed to re-ve etate throu h natural recruitment. Updated 11/1/2005 Page 6 of 10 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. USAGE - 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 USAGE 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/newetlands/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. The proposed miti atg ion plan will consist of the preservation of 3.85 acres of wetlands remaining in the post-development condition, the preservation of 1.3 acres of upland buffer alon~Jenny_'s Branch along with the purchase of 0.25 acres of mitigation credits from the Ecosystem Enhancement Pro rg am (EEP). A copy of the EEP Letter of Reservation has been provided as Appendix 2 1'he preservation of the of the 3.48 acres of wetlands and 1.6 acres of uplands represents much more mitigation value than simple preservation alone. The proposed preservation represents the preservation of approximately 1500 linear feet of riparian corridor alone southern ed~7e of Jenny's Branch. The proposed preservation will provide f175' wide (average) natural buffer alon~Jeilny's Branch. The preservation of this natural buffer will provide additional water quality treatment alon~ith preserving wildlife corridors along lenny's Branch. The natural buffer will also provide Jenny's Branch a visual and sound. Updated 1 U(/2005 Page 7 of 10 buffer from the development resulting in less interference with natural wildlife patterns. The preservation of the onsite wetlands and uplands will also prevent future timber harvesting, which has occurred historically on this property The removal of silviculture interests will result in the preservation of a mature canopy and natural vegetative diversity, futher enhancing wildlife habitat within the preserved riparian buffer. In order to provide assurance against future impacts the preserved wetlands will be placed under a Restrictive Covenant which will be incorporated into the HOA documents. A copy of the Restrictive Covenant language has been provided as Appendix 3 The preservation of 3 85 acres of wetlands and 1 3 acres of uplands along, with the purchase of 0 25 mitigation credits from EEP will sufficiently offset the functional loss from the proposed 0 30 acres of permanent wetland impacts 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 aNEPA/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) Updated 11/1/2005 Page 8 of 10 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. 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. I_f buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation t 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 additiona120 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. In the existing condition there is no impervious surface The site plan proposes the total impervious surface to exceed 20% and requires a state stormwater permit. The proposed impervious surface calculations can be reviewed in the Development Data table, located on the attached site plan Onsite stormwater will be treated in a high density stormwater treatment system consisting of two wet detention Ronds A State Stormwater Permit is being prepared and will be submitted to DWQ upon completion XII. Sewage Disposal (required by DWQ) Updated 11/1/2005 Page 9 of 10 Clearly detail the ultimate treahneiit methods and disposition (non-discharge or discharge) of wastewater generated fiom the prop'~osed project, or available capacity of fl1e subject facility. Brunswick Count Sanitar ~ Sewer XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past acid reasonably anticipated fiihlre 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 al http~//h2o enr state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed project will not result in cumulative wetland_in~acts as a result of desi ~'i~,1in~ the road stub-outs entirely in uplands ~~ 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 wo~lc schedules (e.g., draw-down ~ schedules for lakes, dates associated with Endangered and 1'lueatened Species, accessibility problems, or other issues outside of the applicant's control). ~_ .___ ,~- ., ~ .~... ~,~ ~ -- ~ _ _ ~: Applicant/ gent's Signature (Agent's signatur is valid only if an au u~~a<,~~d i vu2oos /~'/~~~~ Date letter from the applicant is provided.) Page 10 of 10 AGENT AUTHORIZATION FROM The undersigned owner(s), Goose Creek Partners. LLC do(es) hereby appoint Trov Beaslev / Withers &Ravenel Inc. as his, her, or it's exclusive agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Glenkirk Subdivision project. The owner does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: AUTHORITY FOR APPOINTMENT OF AGENT (1) To submit appropriate requestslapplicationssnd the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This agreement shall continue in effect until completion of the contracted task or termination by the property owner. Date: O'c~e.o-'+`'--i` 2- - `Z~b7 Agent's Name, Address & Telephone:. Trov Beaslev /Withers &Ravenel. Inc. 7040 Wrightsville Avenue Suite 101 Wilmington NC 28403 Tel (910) 256-9277 wCC~~_C County, North Carolina (TUE)OCT 2 2007 5: 42/ST. 8: 41 /Nn. 7500000254 P 2 Signature of Owner(s): 6' l-G NN ~iti~r ~ZL X1/1-~v-n°'.~--~/Z (name -Print) _,_~~___.__ II'' (Title) --' (Signature) I, b~hora~ T~-~wvna r~-~ , a Notary Public of the County and State aforesaid, certify that (~jPnn 1=c~,~h-ei( ,personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this ~ day of D~~' 2007 . Official seal or stamp) ~~\"~' r "~- ~`~------ ( r~p~~J_ ~A„,^p~ Notary Public ~s..W1Fy~ ~C~,Of\/'1f1 NGY~1~-1'~IY NOTARY PUBLIC + ,~ WAKE COUNTY, N.C. ~~+~ My Gommissinn Expires 12-15-ZOOS -----Mq-ter~~r-tssivrr~ex ' ~G~JO~a~t l~-ewvNal~ 1a~IS ,20 ~~ GRAPHICS ~tland Location Maq ,, ~~~ ~_ ITHERS ~c' RAVENEL ENGINEERS I PLANNERS I SURVEYORS 70NYAiyIbrW Awnw BWM 10/ WYnYn0len, NC 20107 W:9f0.20B.l27T 6x: fi0.W.10/f ~~1~-~~ 2006 Aerial Photograp: WITHERS ~c' RAVENEL ENGINEERS I PLANNERS I SURVEYORS nrownya..irw.w. wn+f~ niu.ym., we g/w rcfaarvn m: nf.wzpn Landscape Location Aerial Photograph N WITHERS ~ RAVENEL ENGINEERS I PI-ANNERS I SURVEYORS 7010 YMyMMtlN+mr 901h 701 YWn9g1a0, qC lN00 b1:9/B.2//./2T7 he /1B.M3.N1/ S ~ E.~ ~i. < t........ i ~ e ~~% ~'~,~ ~ i X001 4 x,..~ r~.~.. 9~? k-6A s U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2006-41094 County: Brunswick U.S.G.S. Quad: Shallotte NOTIFICATION OF JURISDICTIONAL DETERMINATI(~~r-~-~, -~; ~ ~ S ~ F, -a ~--,, t5 , a't v ~. ~~ . 4 ~ ~~?~ a Z C ~ 1.` L- b.+.. .. Property Owner: Carolina Land Enterprises ;,j*~ '_'f Address: 505 Village Road ~~ ~' j 1 = J ~{'~ % Shallotte, NC 28470 Applicant: JLG Corporation Address: 150 Towerview Court Cary, NC 27513 Agent: Troy Beasley Address: Withers & Ravenel 7040 Wrightsville Avenue, Suite 101 Wilmington, NC 28403 Telephone No.: (910) 256-9277 °i..~Y~z~~~'~ b,~ ~l~ ~n?5,~.~~g.i~rW". ~~iF2,tli~s(:I'! ~^_ ~ a Y m .. ..... ..... k. t~ _ Property description: Size (acres) 37 Nearest Town Shallotte Nearest Waterway Jinny's Branch River Basin .Lumber USGS HUC 03040207 Coordinates N 33.9247 W 78.4193 Location description The parcel is located east of the intersection of Hale Swamp Road and Goose Creek Road, Brunswick 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 fmal, 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). 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 maybe relied upon for a period not to exceed five years from the date of this notification. X There are 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 wetland on your property 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, maybe relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on July 13, 2007. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 Action ID: SAW-2007-02124 _ There are no waters of the U.S., to include wetlands, present on the above described property 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 published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Deparhment of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Kimberly Garvey, Regulatory Specialist at 910 251-4482 or Idmberly.l.garvey~usace.army.mil. C. Basis For Determination The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual, and are adjacent to Jinny's Branch which is subject to the ebb and flow of the tide downstream of this site. This determination is based on information submitted by Withers & Ravenel and verified by this office. D. Remarks E. Appeals Informatlon (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Kimberly Garvey, Project Manager, Wilmington Regulatory Field Office PO Box 1890 Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and t1~aLi as been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RF~form, it ust be received at the a e a, dress by September 13, 2007. **It is not necessary correspondence. Corps Regulatory Date July 13, 2007 submit a~i RFA fo to you dofiot object to the determination in this Date, July 13, 2012 The Wilmington District is committed to providing the highest leve f su drt to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://w~vw.saw.usace.army.miliWETLANDS/index.html to complete the survey online. 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N C o ~ C 1 AO m nnZ~ _ Aa~rzi~°i gnu, A ~ `<~~?~ Z i'3 m j~W"o~~Sm ~• Z m o m z ' '~T '~ • ~ i ya c m in ~ ~'N n = ~nn ~ ~ A to z ODZ O ~ D SURVEY FOR JLG CORPORATION ~~~ - ~~ (~ GOOSE CREEK ROAD TRACT" SHALLOTTE TOWNSHIP BRUNSWICK COUNTY ENGINEERS I P 6 A N N E R 5 i S U R V E Y A R S NORTH CAROLINA WETLANDS SURVEY 104D Wi~gMwipeAvenue, Suile IDl, WiYninglon, NoM Caolina 20102 ~w: 910256927] laa: 910.256258/ vnniavwmiuavenelmm -, os ste_m PROGRAM October 3, 2007 Glen Futrell Goose Creek Partners, LLC 150 Towcrview Court Cary, NC 27513 Project: Glenkirk Subdivision County: BRUNSWICK ~, ~-~ 1', t ~ ~.~~ tw ri t.~ ' n UC ~ ~ i. t"t..~ ~~, ~ , T .~~ ~~t~ t~19 p~lClt +NLYIAnt. -~, . The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that ttte payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. 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/40I Certification/CAMA permit within this time frame, this ~.cceptance 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 the impacts [hat may require compensatory mitigation are summarized in the followin table. LUMBER 03040207 Stream (feet) Wetlands (acres) Buffer I {Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh Impacts 0 0 0 0.30 ~ 0 0 0 0 Credits 0 0 0 0.60 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, ]998. If you have any yuestions or need additional information, please contact Kelly Williams at {919} 71b-1921. Sincerely, C\~ Wil ' D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Kirn Garvey, USACE-Wilmington Joanne Steenhuis, NCDWQ- Wilmington Troy Beasley, agent File 1~EStDYGl~t~... ~ ~ ... ~YDtP.C~G~ DGGY Stag ~''~i-L, ACDET~iR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net APPENDIX 3 Restrictive Covenant Language "The areas shown on the recorded plat (identify the plat by title, date, and ~°eco~ding data) as conservation areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation area: a. fill, grade, excavate or perform any other land disturbing activities b. cut, mow, burn, remove, or harm any vegetation c. construct or place any roads, trails, walkways, btuldings, 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, U.S. 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."