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
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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
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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).
~_
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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
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NOTARY PUBLIC
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GRAPHICS
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WITHERS ~ RAVENEL
ENGINEERS I PI-ANNERS I SURVEYORS
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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 ~--,,
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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
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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.
Copy fiunished:
Joanne Steenhuis, DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405 -
Page 2 of 2
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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
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PROGRAM
October 3, 2007
Glen Futrell
Goose Creek Partners, LLC
150 Towcrview Court
Cary, NC 27513
Project: Glenkirk Subdivision County: BRUNSWICK
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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."