HomeMy WebLinkAbout20072003 Ver 1_401 Application_20071107LM G
LAND MANAGEMENT GROUP irrc. O 7- 2 ~ ~ 3
Environmental Consultants
November 27, 2007
TO: Ms. Kim Garvey
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
RE: Nationwide Permit 29 Application
Rice Creek Plantation; Brunswick County, NC; Action ID# 200301136
Dear Kim:
Enclosed is a NWP 29 application for your review. This application is submitted on
behalf of Brunswick STU, LLC for Phase One of Rice Creek Plantation, a residential subdivision
located at the intersection of Highways 17 and 87 in Winnabow, NC. The applicant is proposing
to construct 174 single-family lots and 361 multi-family units within this phase of development.
Although he has attempted to minimize wetland disturbance through careful site design, the
proposed site plan shows impacts to 0.181 acre of 404 wetlands. These impacts are needed to
construct two road crossings. The applicant proposes to mitigate for these impacts by buying into
the NC Ecosystem Enhancement Program.
Sincerely, ~`
~)
~{~~
Kim Williams
Wetland Scientist
Encl.
~~?1P~(
Q~c~~oec~~
NOV 2 8 2001
C: Mr. John Baker, Brunswick STU, LLC 1METt~pyµpg,~~~H
Mr. Brian Hall, Bowman Design and Engineering Services
Mr. Chad Coburn, DWQ
Mr. Ian McMillan, DWQ
www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
7
Offlce USe Only: Form Version March OS
07-2003
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, pease enter "Not Apptt~cgan~e~®®or ~~ivie,~.~
L Processing ,~.,~,~~~
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
o [~C~L Dad D
II. Applicant Information
1. Owner/Applicant Information
NOV 2 S 2007
Name: Mr John Baker oENR-wA7ERUUAI~ Qsti~W
Mailing Address: Brunswick STU, LLC y~gND3M10S
219 Lee's Cut
Wriehtsville Beach, NC 28480
Telephone Number: (910) 256-5850 Fax Number: (910) 256-5850
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: Kim Williams
Company Affiliation: Land ManaPement Group Inc.
Mailing Address: PO Box 2522
Wilmington NC 28402
Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060
E-mail Address: kwilliams~ci~li_n~;rouh.net
Updated l l/I/?005
Page 5 of 12
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 maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Rice Creek Plantation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 08400068
4. Location
County: Brunswick Nearest Town: Winnabow
Subdivision name (include phase/lot number): Rice Creek Plantation
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take
17 S into Brunswick County Site is located directly off of 17S on left, shortly after the
intersection with Governors Road (see vicinit~ap)
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): 34.1353 °N 78.0854 °W
6. Property size (acres): Total tract: 1221.9 ac• Phase 1: 157 ac
7. Name of nearest receiving body of water: Bell Swamp Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h~o em-.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: Site contains several dirt lo~~in~ roads and sections of it have
previously been in silvicultural production Remaining tract is forested. Adiacent land use is
residential agricultural or forested
Updated 1 V1/?005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Phase One
of this residential subdivision will contain 174 single-family lots and 361 multi-family
buildings The subdivision will tie in to the existing sewer system via developer installed
sewer lines A stormwater plan and erosion control plan have been developed. Sediment and
erosion shall be minimized with the use of silt fencing
11. Explain the purpose of the proposed work: Purpose of the proposed work is to provide
access to uplands located throughout the subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE 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. There is a previously signed Notification of Jurisdictional Determination
signed by Mr Tom Farrell of the US Army Corps of Engineers dated July 23 2004 (Action ID#
200301136)
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.
No future wetland impacts are anticipated on site
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.
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: Two proposed road crossings will
impact 0 181 ac of wetlands
Updated 1 V V2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, gradingt~, fill, excavation, flooding, ditching/drainage, etc. For dams,
CP.nAYAtP.1V 17Ct 7TYlna~tc duP, to ()(lt~ 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
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill/Culvert for
Road Crossing Forested Wetland No ~ 1000 0.081
2 Fill/Culvert for
Road Crossing Forested Wetland No ~ 1100 0.10
Total Wetland Impact (acres) 0.181
3. List the total acreage (estimated) of all existing wetlands on the property: 330 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, eta If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mast he included. Tn calculate acreage. multinly length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A
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
fill Pxcavatinn rlrerluina flnndin~_ drainage_ hulkheads_ etc.
Open Water Impact
Site Number
(indicate on map) v
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A
Total Open Water Impact (acres)
Updated 1 Ul/2005
Page8of12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.181
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.181
Total Stream Impact (linear feet): N/A
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 USAGE.
N/A
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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. Wetland impacts were
minimized to the maximum extent practicable. However, road_ frontage off of Hwy 17 is minimal
and is located within a curve. The entrance road had to be positioned as proposed in order to
allow for maximum visibility to traffic.
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
Updated 11/1/2005
Page9of12
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o.enr.state.nc.us/ncwetlands/strm~~ide.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 applicant proposes to buy into the NC EEP for the restoration of 0.25 acre of riparian
wetlands No on-site wetland preservation is offered at this time because the layout of future
phases of development is subject to change Please note though that most lot placement is
located outside of the wetlands.
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/u~rp/index.htin. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.25
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Updated i 1 / I /2005
Page 10 of 12
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)
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate infornlation as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Updated 11/1/200
Page ll of 12
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. There is no existing impervious cover on site. Proposed impervious cover within
Phase One will include the roadways homes and associated driveways. This will be 58.6 acres
or 35 3% of Phase One. There is an existing Stormwater permit for Phase One. The protect
engineer is currentlypreparing amodification to this plan which will be submitted in December.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will tie into existing sewer services provided by Brunswick County.
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 and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Project
will not provide connections or utilities to other tracts.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~„~ ~i,(.~ i,
2~ v ~--
A~plicant/Agent's Signature >bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 1 l / V2005
Page 12 of 12
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Fran:l.end Ma~agemettt Glrnup 9104QZOa80 10/811Z~7 11:09
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCEEtN:
IF36B P. 001/1n1~ 1
As the current property vwnvr of the Sledge Co~zl Tract (aka Rice Creek Plantation), Uwe, the
undersigned, hereby authariae the LT_S _ Army Corps of Engineers to release the wetland survey
for this tract (Brunswick County, NC; Actioa iD #2003 D 113 6) to Laced Managemem Group, Inc.
Sincerely,
,.-
~!" Own lic~nt
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NOV 2 8 2007
DENR -WATER pUALIT~'
yVETLAND3 AND STORMWATER
slTf= SCALE 1" = 1 mile
Map Source: DeLorme: North Carolina Atlas and Gazetteer, 1997 p. 83/87.
Rice Creek Plantation Land Management Group, /ne.
US 17 & Governors Rd Environmental Consultants Figure 1
Brunswick County, NC Wilmington, N.C. Site Location Map
4o-o~-aas September 2007
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The boundary information contained ~O V
on this map has been overlaid with NQ ~ D
no ground control. Information as ~ .2
shown is approximate and not meant 8 2~~)
to be absolute. Boundary information Fes, ~fiNR _
taken from the Brunswick County GIS _"~'1SMbs ~y
Department. ATA~~
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Map Source: Soil Survey of Brunswick County, 1986. SCALE 1" = 2000'
Rice Creek Plantation Land Management Group, Inc. Figure 3
US 17 & Governors Rd Environmental Consultants Generalized Soil Map
Brunswick County, NC Wilmington, N.C. Brunswick Count NC
40-07-446 September 2007 Y'
The boundary information contained
on this map has been overlaid with
no ground control. Information as
shown is approximate and not meant
to be absolute. Boundary information
taken from the Brunswick County GIS
Department.
Map Source: Brunswick County Website; GIS section.
Rice Creek Plantation
US 17 & Governors Rd
Brunswick County, NC
40-07-446
DENR - Wg7~R 4UALITY
~ETLAND3 AHD S70F~1WA7E#~ gar
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ri
NOV 2 8 2007 J
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
September 2007
Figure 4
Tax Department
Brunswick County, NC
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SCALE: 1" = 1000'
RICE CREEK PLANTATION
Survey work by: Brunswick County, NC
o 404 Wetlands Hanover Design Services
Site plan and Engineering by:
Proposed Impact to 404 Wetlands Bowman Design and Engineering Services Figure 5. Site plan showing wetland impacts
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RICE CREEK PLANTATION
Brunswick County, NC
Figure 6. Wetland Impact #1
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RICE CREEK PLANTATION
Brunswick County, NC
Figure 7. Wetland Impact #2
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RICE CREEK PLANTATION
Brunswick County, NC
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