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HomeMy WebLinkAbout20070997 Ver 2_401 Application_2008020807-0177 4- Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 910.452.2711 (office) • 910.452.2899 (fax) Date: 20 February 2008 Transmittal Letter To: Mr. Ian McMillan Of: 401 Oversight/Express Review Permitting Unit Attached you will find:* ? Proposal ? Sketch(es) ? JD Package ? Report(s) ,v r-?k,,T r;< SEGi Project #: 05-149.01 Client Name: K. Eason / Legend Builders LISACOE Action ID#: 2006-32879-071 (r-z' R OW r= FEB 2 1 2008 DENR - dVMER QUAUIY WETLANDS AND STORMWATER BRANCH ® Permit App. ? Signed Wetland Map ? Photo(s) ? Plans ? Information Request ? Other Copies Dated Description 5 02/14/2008 PCN 29 Application for Hoover Road Subdivision If noted items are NOT attached, please contact our office. These are being delivered: ® For your Review/Comment ? For your Records ? Returned for Correction(s) ? Corrected and Returned ? For your Signature ? As Requested ? Other: By: ? Hand Delivery ? Fed-Ex ? UPS © Regular Mail ? Other Notes: Ian: Attached are five copies of a NWP 29 application for a proposed subdivision, Hoover Road Subdivision, located off Hoover Road in Pender County. Also included is the $240 filing fee. Please review the attached documentation and let us know if you will need anything further in order to process the application. Thank you in advance for your time. Signature and (Typed) Name: C-? AAmandoaL. Kolb Date: 02/20/2008 5outkern Environmental 6roup, Inc. 55 15 South Collcgc Road, juitc r Wilmington North Carolina 28412 9 J O.-152.271 1- Fax: 9 10A-52.2899 • ofF1'cc05eg1.us www.scgi.us February 14, 2008 Hand Delivery Mr. Ronnie Smith Wilmington Regulatory Field Office US Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 FEB 2 1 2008 DENRiAEfClu,+u r "STIANDS AND STORMWA ER BRANCH RE: Proposed Hoover Road Subdivision Hoover Road Hampstead, Pender County AID#: 2006-32879-071 Dear Mr. Smith: [SEGi Project #: 05-149.01] Southern Environmental Group, Inc. (SEGi) has been retained by Legend Builders, Inc., to pursue Department of the Army approval to impact 0.49 acre (21,344.0 square feet) of jurisdictional wetlands. All of the requested fill is necessary to construct access roadways within the proposed Hoover Road subdivision. The project is located off Hoover Road, just beyond Renee Drive in Hampstead, Pender County, North Carolina. The subject parcel is comprised of 76.72 acres (3,341,923.2 square feet), 39.31 acres of which are considered jurisdictional wetlands, according to the parameters set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual. The adjacent parcel is 44.85 acres in size, and is owned by Mr. Kenny Eason et al. Previous submittals of the Pre-Construction Notification application associated with this project requested a driveway crossing, which would allow Mr. Eason access to his personal property, adjacent to the subdivision. Construction of the proposed driveway crossing and personal residence were not anticipated to require wetland impacts. As the permitting process has taken longer than anticipated, and cost more than originally thought, the Applicant is unable to construct his personal residence at this time. Economic hardships have limited the Applicant to only constructing the subdivision. Further down the line, when the Applicant is in a better economic position to construct his personal residence, he will treat any required wetland impacts associated with the driveway as cumulative with the subdivision (as the driveway permit would have been contingent upon the subdivision roads being constructed). SEGO The Applicant is proposing a low density 10-lot subdivision on the subject parcel, which would require 0.49 acre ( 21,344.0 square feet) of impact. These impacts are associated with the construction of an access road. Utilities will be installed within the roadway, so the fill request has accounted for all impacts. No impacts will result due to lot fill. The requested impacts are unavoidable, and have been minimized as much as is practicable. The table below outlines the fill request: This particular project has a history with the Wilmington District. Two environmental firms were hired to do the preliminary work on the project. The Clark Group, out of Wilmington, was responsible for the wetland delineation. Trigon Engineering Consultants, Inc., were responsible for the engineering of the project, as well as the original submittal of the Pre-Construction Notification. The original permit application was withdrawn by the Applicant's new agent, SEGi, on (or around) 19 November 2007. Prior to the withdraw of the application, SEGi addressed comments received from the Army Corps of Engineers, contained within a "Request for Additional Information." In that request, the Corps inquired why the entrance road could not be relocated further south, to reduce wetland impacts. Using CAD technologies, SEGi relocated the roadway and calculated the impact acreage of the relocated road. While the impacts were reduced in the relocation, subsequent research indicated that the road relocation would not be economically feasible. The impact would be reduced by approximately 0.20 acre, but would also eliminate the use of Lot 10 as a viable piece of real estate. With the original impact totaling 0.49 acre, and the property selling for $50,000/acre, the loss of an almost five acre lot would result in the loss of nearly $250,000 in potential income. In addition, the Applicant would be required to have all his engineered drawings re-designed, in order to show the roadway in the new location. Also, the Applicant would have to apply for modifications to all his existing permits, as well as take the project through the Technical Review Committee again. All of these factors, including the loss of $250,000, the amount of time it would take to obtain the necessary modifications and engineered drawings, versus an approximately 0.20 acre wetland impact reduction, make the relocation of the proposed roadway not a practicable alternative. 5L6i In accordance with Nationwide Permit General Condition 20 (c), compensatory mitigation is proposed for the impacts associated with this project. The Applicant is offering a combination of mitigation mechanisms to off-set unavoidable wetland impacts. First, minimization of impacts to wetlands was carried out by incorporating a retaining wall on each side of the entrance road, where the bulk of the impacts are proposed. By utilizing the retaining wall, impacts were reduced by 0.09 ac. (4050.5 square feet). Second, the Applicant is offering to place a 25 foot buffer off the centerline of Brick Run Branch. The Applicant is aware that the Corps feels an effective water quality buffer should be at least 50 feet in width, but suggests that the 25 foot buffer would be sufficient, since the area adjacent to the buffer would be yard and would assist in sediment removal. The third component of the Applicant's mitigation proposal is to provide all lot purchasers with a copy of the wetland boundary survey, as well as a separate document, which will inform potential buyers that any impacts to wetlands will more than likely be reviewed under the Individual Permit process and will have to be mitigated for. This will assist in making future lot owners aware that impacts to wetlands will not be permissible without appropriate regulatory approval. Fourth, the Applicant is offering the preservation of approximately 8.85 acres of wetlandsJound adjacent to the Hoover Road subdivision entrance (up to the property lines of Lots 1 & 10). These wetlands will be protected in perpetuity by the restrictive covenants associated with the subdivision. In addition to placing these wetlands into preservation, the Applicant will provide deed notifications on all lots with remaining unpreserved wetlands. The Applicant's final component of mitigation is to make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) at 2:1 ratio, for non-riparian wetland impacts. As stated previously within this cover letter, The Clark Group was responsible for the wetland delineation, and subsequent submittal of environmental documentation. Thus, SEGi is not in receipt of the tear sheet or signed wetland boundary survey, though both of these items should be on file at the Corps' office. For clarification and verification of the statements made above, please refer to the following documentation attached to this correspondence: Attachment 1. Attachment 2. Attachment 3. Attachment 4. Attachment 5. Attachment 6. Attachment 7. Pre-Construction Notification Overall Impact Map Profile and Plan View - Impact Area 1 Plan View - Impact Area 2 Profile Drawings of Impact Area 2 (a, b, c) Draft Copy of Restrictions Exhibit A - Wetland Preservation Map SEGO Attachment 8. Draft Copy of Deed Notifications Attachment 9. Acceptance Letter from NC EEP Attachment 10. Jurisdictional Information Sheet (signed 20 March 2007 by Mr. Brad Shaver) Attachment 11. Approximate Wetland Boundary Survey (not signed, not to scale) Attachment 12. Property Deeds (a, b) Attachment 13. Stormwater Permit No. SW8 070533 Attachment 14. Alternative Road Location Drawing Attachment 15. Aerial Photograph Attachment 16. Vicinity Maps (2 scales) Attachment 17. Letter of Agency Attachment 18. Documentation from Engineer re Culvert at Crossing 1 Please review the attached Pre-Construction Notification and accompanying documentation requesting authorization to utilized NWP 29. Should you have any questions, concerns, or comments, feel free to contact me at 910.452.2711. Thank you in advance for your assistance with this project. Sincerely, ll? ,, ?L?/ 0_? " Amanda L. Kolb Environmental Consultant cc: Mr. Chad Coburn (DWQ) Mr. Ian McMillan (401 Oversight/Express Review Permitting Unit) Legend Builders, Inc. (Client) Enclosures: (18) 1?' P' ?4 r- n i T FA r Office Use Only: USAGE Action ID No. DWQ No. Revised Version December 106 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) II. Processing 1. Check all of the approval(s) requested for this project: ?x Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 0 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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: ?X 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: ? Applicant Information 1. Owner/Applicant Information: Name: Legend Builders Attn: Mr. Kenny Eason ??L51J `J Mailing Address: 400 Carl Street Suite 202 FEB 2 1 ?"8 Telephone Number: 910.264.3479 Fax Number: N/A E-mail Address: N/A ?n ?r, 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: Ms. Amanda Kolb Company Affiliation: Southern Environmental Group, Inc. Mailing Address: 5315 S. College Rd. Suite E Wilmington, North Carolina 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: amandaksegi.us Page 1 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 may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Hoover Road Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 3283-71-6618-0000 4. Location County: Pender (# 71) Nearest Town: Hampstead Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Follow US-17 N out of Wilmington, into Hampstead past NC-210 W). Take a left onto Hoover Road The site is on the left, just after Renee Drive. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody) Decimal Degrees (6 digits minimum): 34.3797 °N 77.7145 °W 6. Property size (acres): 76.72 acres (3,341,923.2 square feet) 7. Nearest body of water (stream/river/sound/ocean/lake): Brick Run Branch 8. River Basin: Northeast Cape Fear 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/.) Page 2 of 12 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 subject parcel is comprised of 76.72 acres. It was determined that of the 76.72 acres approximately 40.6 acres would be considered jurisdictional wetlands according to the parameters set forth in the 1987 Army Corps of Engineers Wetlands Delineation Manual and a site visit, held on 13 June 2006, by Ms. Elizabeth Hair. As is evident on the "Jurisdictional Information Sheet," Mr. Brad Shaver concurred with Ms Hair's findings, stating that the proposed jurisdictional boundaries that were provided to his office were accurate. Vegetation associated with the project site includes: Ilex coriacea (Large allberry), Ilex vomitoria (Yaupon holly), Liquidambar stvraciflua (Sweetgum), Magnolia virginiana (Sweetbay magnolia), Mvrica cerifera (Wax myrtle), Persea boronia (Red bay), Quercus nigra (Water oak), Smilax rotundiflora (Catbriar), Pinus taeda (Loblolly pine) and Pinus serotina (Pond pine), among others. The forested wetlands on-site are vegetated with a mixed canopy of Magnolia virginiana (Sweetbay magnolia), Pinus taeda (Loblolly pine), Pinus serotina (Pond pine) and Liguidambar stvraciflua (Sweetgum). a shrub laver of flex coriacea (Gallberry), Ilex vomitoria (Yaupon holly), Mvrica cerifera (Wax myrtle) and Persea borbonia (Red bay), and an understory of Smilax rotundiflora Catbriar). The subject parcel is vacant of any structures and is heavily vegetated Many trees on the property are larger than 6-8 inches in diameter. The property identification number (PIN) is 3283-71-6618-0000, and the Action ID number associated with the project is 2006-32879-071. The surrounding land use in the vicini of the project is a mixture of residential, used for schools or remains undeveloped 10. Describe the overall project in detail, including the type of equipment to be used: The_project is a low density 10 lot residential subdivision located off Hoover Road in Hampstead, Pender County North Carolina The proposed development plans will conform to low density residential zoning designations for the subject parcel and will be consistent with the Pender County Subdivision Ordinances Utility corridors sewer areas, fire hydrants, and roadways will be put into service to meet the needs of future residents. Utility lines will be laid beneath the roadway. Heavy equipment will be used in this project, such as an excavator, hack hoe and bull dozer. The machinery will be used to clear the land, stabilize the soil and establish 2rade There are a total of two (2 areas of proposed wetland impacts throughout the planned subdivision, which are associated with the construction of a main collector roadway. The proposed wetland impacts total 0.49 acre (21,344.0 square feet), and are necessary for the completion of the proposed roadway. The roadway will grant access to lots while meeting minimum DOT standards. The impacts are unavoidable and have been minimized as much as is practicable. The Applicant is proposing a retaining wall to stabilize the fill material associated with the proposed road crossings Page 3 of 12 The parcel adjacent to the subject site is owned by Kenny Eason etal and should be considered independent of the subject parcel Previous submittals of the Pre- Construction Notification application associated with this project requested a driveway crossing, which would allow Mr. Eason access to his personal property, adjacent to the subdivision. Construction of the proposed driveway crossing and personal residence were not anticipated to require wetland impacts As the permitting process has taken longer than anticipated, and cost more than originally thought, the Applicant is unable to construct his personal residence at this time Economic hardships have limited the Applicant to only constructing the subdivision Further down the line when the Applicant is in a better economic position to construct his personal residence he will treat any required wetland impacts associated with the driveway as cumulative with the subdivision (as the driveway permit would have been contingent upon the subdivision roads being constructed). 11. Explain the purpose of the proposed work: The purpose of the proposed project is to create a low density, 10 lot minor residential subdivision in a developing area of Pender County. Pender County has experienced rapid development, therefore, undeveloped areas of town must be looked at for development. The proposed location off Hoover Road is ideal, as this area is close to the heart of Hampstead, but not located in an extremely rapidly developing part of town This subdivision will provide additional housing in an area that has a need for new residences. 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. Two environmental firms were hired to do the preliminary work on the project The Clark Group, based out of Wilmington, was responsible for the wetland delineation. Trigon Engineering Consultants Inc., were responsible for the engineering of the project, as well as the submittal of the original Pre-Construction Notification. The original permit application was subsequently withdrawn by the Applicant's new agent, SEGi, on 19 November 2007 USACE Action ID #: 2006-32879-071 (issued 20 March 2007 by Mr Brad Shaver) Stormwater Permit #: SW8 070533 (issued 13 June 2007) Sedimentation and Erosion Control Permit #• Has been applied for by Tri on Engineers, who are currently awaiting response. Page 4 of 12 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 permit requests anticipated for this project. 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: Impact Area A: Excavation and fill are necessary to complete the proposed roadway, and allow for the installation of water main below ground. Impact Area B: Excavation and fill are necessary to complete the proposed roadway, and allow for the installation of a water main below ground. 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 (yes/ no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Excavation & Fill P, FO-1 No 2,400 0.43 2 Excavation & Fill P, FO-1 No 1,200 0.06 Total Wetland Impact (acres) 0.49 3. List the total acreage (estimated) of all existing wetlands on the property: 39.31 acres (1,712,343.6 square feet) Page 5 of 12 4. Individually list all intennittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply 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) Total Stream Impact (by length and acreage) N/A N/A 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- excavatinn dredaina flnnrl;na rlrn;,,? 1-11L-Ik-A? -+- Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) N/A 6 List the cumulative impact to all Waters of the U.S. resulting from the roiect: Stream Impact (acres): N/A Wetland Impact (acres : 0.49 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) N/A Total Stream Impact (linear feet : N/A 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ?D 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. Page 6 of 12 Pond Creation: N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.):_ Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):_ Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Per the request of the Corps, additional consideration was given to avoidance and minimization of this site, as that was one of the items addressed in the "request for additional information" associated with the first PCN submittal (original PCN has since been withdrawn). The Corps had requested justification for not locating the entrance road further south utilizing additional uplands. Please see response below: Using the same parameters of the roadway as proposed in it's original location SEGi relocated the roadway to the southern property boundary, adjacent to the Quinn property. Using AutoCAD to calculate the impact acreage, the relocated roadway would impact 0.26 acre of wetlands, and eliminate the use of Lot 10 as potential real estate. With the original impact totaling approximately 0.49 acre and the proper selling for $50,000/acre the loss of the almost five acre lot would result in the loss of nearly $250,000 in potential income. The economic loss of Lot 10 financially is not a practicable alternative to the original design. The North Carolina Ecosystem Enhancement Program (NC EEP) essentially places a monetary value on wetlands and waters of the State of North Carolina. According to their schedule of fees, the amount of money it would take to off-set an impact of 0.20 acre of non- riparian wetlands, at a 2:1 ratio, would be $7,338.00, a significantly less economic impact than the loss of Lot 10, $250,000. While it is true that the relocation of the proposed entryway would result in approximately 0.23 acre less of an impact than leaving the roadway in its posed current location, the additional costs associated with said relocation would prove the project economically unfeasible. Primarily, the relocated roadway would result in the loss of Lot 10 as a viable Page 7 of 12 piece of real estate, automatically reducing the potential income generated by the subdivision by $250,000. In addition the Applicant would be required to have all his engineered drawings redrawn, in order to show the roadway in its new location Finally, the applicant would have to apply for modifications to all his existing permits as well as take his project through the Technical Review Committee (TRC) to receive approval All of these aforementioned monetary issues factored in with the amount of time it would take to obtain all of the necessary permit modifications and engineered drawings, versus the reduction in wetland impacts on-site by 0.23 acre is not an economically viable option. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/ or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ ncwetiands/stnnizide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 8 of 12 The Applicant is offering a combination of mitigation mechanisms to off-set unavoidable wetland impacts: -? First, minimization of impacts to wetlands was carried out by incorporating a retaining wall on each side of the entrance road, where the bulk of the impacts are proposed. By utilizing the retaining wall, impacts were reduced by 0.09 ac. (4050.5 SF). 4 Second, the Applicant is offering to place a 25 foot buffer off the centerline of Brick Run Branch. The Applicant is aware that the Corps feels an effective water quality buffer should be at least 50 feet in width, but suggests that the 25 foot buffer would be sufficient, since the area adjacent to the buffer would be yard and would assist in sediment removal. 4 The third component of the Applicant's mitigation proposal is to provide all lot purchasers with a copy of the wetland boundary urvey, as well as a separate document, which will inform potential buyers that an impacts to wetlands will more than likely be reviewed under the Individual Permit process and will have to be mitigated for. This will assist in making future lot owners aware that impacts to wetlands will not be permissible without appropriate regulatory approval. 4 Fourth, the Applicant is offering the preservation of approximately 8.85 acres of wetlands, found adjacent to the Hoover Road subdivision entrance (up to the property lines of Lots 1 & 10). These wetlands will be protected in perpetuity by the restrictive covenants associated with the subdivision In addition to placing these wetlands into preservation the Applicant will provide deed notifications on all lots with remaining wetlands on them The deed notifications will inform future property owners that wetlands exist on their lots, which are subject to regulations under the Corps and Division of Water Quality. 4 The Applicant's final component of mitigation is to make Dayment to the North Carolina Ecosystem Enhancement Program (NC EEP) at 2.1 ratio for non-riparian wetland impacts. 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: Page 9 of 12 Amount of stream mitigation requested (linear feet): 0.0 . Amount of buffer mitigation requested (square feet): 0.0 . Amount of Riparian wetland mitigation requested (acres): 0.0 . Amount of Non-riparian wetland mitigation requested (acres) 1.0 acre. Amount of Coastal wetland mitigation requested (acres): 0.0 I. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No ?x If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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 ? IX. 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No ? If you answered "yes", provide the following information: 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. Page 10 of 12 Zone* Impact Required (square feet Multiplier (s9 ) 1 Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. X. Stormwater (required by DWQ) Describe impervious acreage (both 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 Existing impervious acreage versus total acreage on-site is 0% Total on-site area = 76.72 ac Total ISA =14.02 ac. % ISA =18.3% Stormwater controls for the site include: vegetated drainage swales leading to two wet detention ponds. Please see attached Page 1 of stormwater permit provided by Trigon Engineering. XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will be treated via septic measures II. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes O No FX1 Is this an after-the-fact permit application? Yes ? No R Page 11 of 12 XII. 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 O No ?X 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: This is an individual development which is not associated with any other development plans. The completion of this subdivision would not result in development outside the proposed project area and would have minimal impact on downstream water quality. XIII. 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). 02-1 1 1 08 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 L \ ? ` e\ \e I ?1 I ? Q \ ,,. • Yom.). E°"I ao (tom, LL Cc or 9g W i ti \ \\\\`. 1 r rr , , j i r r ? / - 0 +1 i Iz W l.L li m Q Ih Q Iy LC) N M 0 r. I 1 J 1 ?- Li 1 ¢ I ? ,1 V z ¢ 1 /l? I 1 ' J t ? { I / I i I ? I r• r A 1 / 4) 3 VI u v rj Z k0 A I lY \ ? I I C ?? I I \ I 1 I +1 ?r l 00 ?. 1• I '. I . Oil ' r7 f I, ------------------ ---------- - - - - - ------, , I 1 I U 1.1 L ?? .` I' I CfJ f is I ----------__T N Q ?\ D -H ---------------? ; i? W W \ Lo M r , J O CN i I ?C) Q ?? C) \ Q 1 I 1 I ?N. 1 ' b 1 -?F %Vcy" , QI Q I W ? 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O Q+ V L O Z .J o Lj Lj d z (J) <D w w t w C[ a } f Q M ?- z ?f- d ?w oW°?O CL Z - G Cp L,j z7 w Q O [? S a o W O U V ) © J v', , W U Z o N CY 0 LLI O V) Z W M Q d X LLJ ? z L? Q -y J Z OOZ O z m Uf- 0W <:) O ° ? Qm laJ wU m O zW z®wQ ® ? z D U') za O Z (i o> V) ? ? cl? O C. o W o Lw o Y Y W F- Ud c? o 00_ nU'-z ) a J d w ° z Q t L"V ' C!1 Z Vi o O L 0 ` C Z ? W r O O Lj CL f d 6 L o LJm d a a L° Z -Q O Z W z a ? ? T zc, ? Z '` ° LJLn 0 W Z dQ z ¢ r ' zW z U ?W d z +v z woZ zi`Cfa V; "- r- --L?, z1: ? X O JW `) - O ?0d L W 12 Z w -- t- - z Zm U m ; 5 z ? W i I in F M O V7 J ? ? LL-i 0 Z U) m m r C? in L-1 VD Z CL 4. tl 0 M- 0 u7 CONSTRUCTION SEQUENCE 1. OBTAIN GRADING PERMIT FROM NCDENR AFTER SITE PLAN APPROVAL. 2. INSTALL ALL EROSION CONTROL DEVICES SHOWN. INCLUDING SILT FENCE, SILT FENCE OUTLETS AND CONSTRUCTION ENTRANCE. 3. BEGIN CLEARING AND GRUBBING THE SITE AS NEEDED. 4. BEGIN INSTALLATION OF STORM DRAINAGE AND UNDERGROUND UTILITIES. 5. MONITOR SITE AND EROSION CONTROL MEASURES. ADDITIONAL MEASURES MAY HAVE TO BE INSTALLE TO PREVENT SEDIMENT FROM LEAVING CONSTRUCTION SITE. 6. ONCE UNDERGROUND DRAINAGE AND UTILITES ARE IN PLACE, BRING SITE TO FINISHED SUBGRADE AND PREP FOR STONE AND PAVING. CONSULT GEOTECHNICAL ENGINEER AS NEEDED TO ENSURE PROPER COMPACTION IS REACHED FOR PARKING SUBGRADE AND BUILDING PAD. PROOF-ROLL BE REQUIRED. 7. INSTALL STONE BASE AND COMPLETE PAVING OPERATIONS, STRIPING, ETC. 8. PROPERTY MAINTAIN ALL EROSION CONTROL DEVICES DURING CONSTRUCTION. 9. PROVIDE TEMPORARY SEEDING OF DISTURBED AREAS WITHIN 15 DAYS OF GRADING. 10. PERMANENTLY SEED AND MULCH ALL DISTURBED AREAS WITHIN 30 DAYS OF ESTABLISHMENT OF FINISHED GRADES. 11. MAINTAIN EROSION CONTROL DEVICES UNTIL PERMANENT GROUND COVER IS ESTABLISHED. 12. ONCE PERMANENT COVER ESTABLISHED, REMOVE EROSION CONTROL DEVICES AND STABILIZE THESE AREAS. t??T?''JC?Mrn17- ?- PIPE #1 - AQUATIC WILDLIFE TRANSFER PIPE HORIZONTAL SCALE: 1" = 20' VERTICAL SCALE: 1 " = 2' PIPE #1 CROSSING IS AT STA. NO. 14+36.45, TRENNEY LEA DRIVE CONSTRUCTION SEQUENCE 1. OBTAIN GRADING PERMIT FROM NCDENR AFTER SITE PLAN APPROVAL. 2. INSTALL ALL EROSION CONTROL DEVICES SHOWN, INCLUDING SILT FENCE, SILT FENCE OUTLETS AND CONSTRUCTION ENTRANCE. 3. BEGIN CLEARING AND GRUBBING THE SITE AS NEEDED. 4. BEGIN INSTALLATION OF STORM DRAINAGE AND UNDERGROUND UTILITIES. 5. MONITOR SITE AND EROSION CONTROL MEASURES. ADDITIONAL MEASURES MAY HAVE TO BE INSTALLED TO PREVENT SEDIMENT FROM LEAVING CONSTRUCTION SITE. 6. ONCE UNDERGROUND DRAINAGE AND UTILITES ARE IN PLACE, BRING SITE TO FINISHED SUBGRADE AND PREP FOR STONE AND PAVING. CONSULT GEOTECHNICAL ENGINEER AS NEEDED TO ENSURE PROPER COMPACTION IS REACHED FOR PARKING SUBGRADE AND BUILDING PAD. PROOF-ROLL BE REQUIRED. 7. INSTALL STONE BASE AND COMPLETE PAVING OPERATIONS, STRIPING, ETC. 8. PROPERTY MAINTAIN ALL EROSION CONTROL DEVICES DURING CONSTRUCTION. 9. PROVIDE TEMPORARY SEEDING OF DISTURBED AREAS WITHIN 15 DAYS OF GRADING. 10. PERMANENTLY SEED AND MULCH ALL DISTURBED AREAS WITHIN 30 DAYS OF ESTABLISHMENT OF FINISHED GRADES. 11. MAINTAIN EROSION CONTROL DEVICES UNTIL PERMANENT GROUND COVER IS ESTABLISHED. 12. ONCE PERMANENT COVER ESTABLISHED, REMOVE EROSION CONTROL DEVICES AND STABILIZE THESE AREAS. E a M M .-i N o? 3 .o 0 Cv a E PIPE #2 - AQUATIC WILDLIFE TRANSFER PIPE HORIZONTAL SCALE: 1" = 20' VERTICAL SCALE: 1 2' o PIPE #2 CROSSING IS AT STA. NO. 13+36.45, TRENNEY LEA DRIVE 0 x n 0+00 0+50 \ CONSTRUCTION SEQUENCE 1. OBTAIN GRADING PERMIT FROM NCDENR AFTER SITE PLAN APPROVAL. 2. INSTALL ALL EROSION CONTROL DEVICES SHOWN, INCLUDING SILT FENCE, SILT FENCE OUTLETS \ AND CONSTRUCTION ENTRANCE. 3. BEGIN CLEARING AND GRUBBING THE SITE \ AS NEEDED. 4. BEGIN INSTALLATION OF STORM DRAINAGE AND UNDERGROUND UTILITIES. 5. MONITOR SITE AND EROSION CONTROL MEASURES. ADDITIONAL MEASURES MAY HAVE TO BE INSTALLED TO PREVENT SEDIMENT FROM LEAVING CONSTRUCTION SITE. 6. ONCE UNDERGROUND DRAINAGE AND UTILITES ARE IN PLACE, BRING SITE TO FINISHED SUBGRADE AND PREP FOR STONE AND PAVING. CONSULT GEOTECHNICAL ENGINEER AS NEEDED TO ENSURE PROPER COMPACTION IS REACHED FOR PARKING SUBGRADE AND BUILDING PAD. PROOF-ROLL BE REQUIRED. 7. INSTALL STONE BASE AND COMPLETE PAVING OPERATIONS, STRIPING, ETC. 8. PROPERTY MAINTAIN ALL EROSION CONTROL DEVICES DURING CONSTRUCTION. ID - 9. PROVIDE TEMPORARY SEEDING OF DISTURBED AREAS WITHIN 15 DAYS OF GRADING. 10. PERMANENTLY SEED AND MULCH ALL DISTURBED AREAS WITHIN 30 DAYS OF ESTABLISHMENT OF FINISHED GRADES. 11. MAINTAIN EROSION CONTROL DEVICES UNTIL PERMANENT GROUND COVER IS ESTABLISHED. 12. ONCE PERMANENT COVER ESTABLISHED, REMOVE EROSION CONTROL DEVICES AND STABILIZE THESE AREAS. M IPE #3 - AQUATIC WILDLIFE TRANSFER PIPE ORIZONTAL SCALE: 1" = 20' ERTICAL SCALE: 1 " = 2' IPE #3 CROSSING IS AT STA. NO. 12+36.45, TRENNEY LEA DRIVE 1414a.Ghwr ot- Sc. 0+00 0+50 f- c?ac V-)V,e nk to DRAFT COPY OF RESTRICTIONS (Pertaining to Created Wetland Complex on South Tract) The areas shown on the recorded plat (1'(/( ?t t i f y t h c p r t t b t/ t i l l s. do t r a n d I c? o I'd i i i g d a f a) 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, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area e. dump or store soil, trash, or other waste f. graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, 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. Modification of this particular Section _ of Article - will require express written consent of the United States Army Corps of Engineers. Permittee shall execute and cause to be recorded in the County Register of Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on the recorded plat* (identify by title, d a, t e , a 7z d recording data ), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording. _ -- -- -? 21 o JN 'CIb I LS?IY\I?'I [ - OJ a' UN3d `CfVOH HA1 OOH O A(.l V V.N1 1.OQ NOI1.bAH3S-JUd QNH'I:I,1A,\?`v 191Hx W? °= '? 3 _, - r ?i , 0.1 nlu, - ' ' ? I oN 'I ?c I I I I __ I ? ? ? I I ? I I I 7 ? J tl f f f F , ? S J i j l . S w ,I wry ul ? ? . . -vi ,: u? , . ? z 4 o ? f ? „ z L . n u } - S z xLs 2 I C Z w °Ie - 1 l w a O E7 oWO ? ,?v haw haw ? ' ° s ? r' i O ? o p ?w E c ?a < `ao2r"T?? uo? 3 a "moo°? wwW ? ? 3 ; Vl s°F No? t?'^m?i ?qU??e soh tl r, n F U 3 o H z < i ??¢ i? o z Oa?Z? ?Ou, tip _?rtir ??_? o o K w- o°, z a t n ?++ a r ? ?O J Q M }} p 0 u? ??? V o_ r S D o T u a G ¢ r a 0 °S Zc d u, O< 4 0 7 W o 0 I ? 5 l' ter. LI !?' G iii°v? Cam` ? V e? ? >;n I'IIt x \,A\ N \\ \ \\ \\ t\`p° \ \ :j \\ C ??A g7%\ V ? ?;??`V\?A\?A \VAA\ R>' Nz, NNM \ 4 IYlp?.60SQ9? ¢s Zltlil Y 1 - -- 3S 1? n1Y ?x ? I I n - _ - _ 1§ ?'? I u i yII 1 1y u - .. ' !, .I Ua ' '? --.. :Lfi'LV9 SL USXdri 3 71 G I t I , r I b I' C4 68Z At I 1=I' r I ??W \ ?, Jc Y?? 1 ; iii I / - I3 •,? /, , ? ., ?.r ?;,/ Y III ??J rr I ??-V ? ?' Itbl', . I I!I es\ e. 2 io /IFS r I} ti ? ,lob I - ? Ha Eh \'ll MpU. fi. I \ 9Y yZx ?UI)Zx I 14 Zfi N-?y? L6 ?, ? \ yu v9 -v!J?Nm ur WuIQN ? °r 3 a °?sx e opo? ?o o° i?s? us pav °wug W'd Woh N4Y tv Wo p.. as _3 d..w i ?a 00 0 ra Q U rJ ? a C ? a Ou n vy 4= J - kee ?? ya oa °p o c rca G W aa° , - w 3 g i 1? r n as r, z ?^?a wt o t ° 'IDG O# vi nn S ry- .-, W 6a'-no 2j yr _ - J Eu _ J WG jaw iL' si< Q H o z H w'o ? N C:!Z:C YWZir.iZ'M,P'?cy-ZCUHUtl[UVCiZwgsUJ P.v?unuPx[CU5ubCU'.HwZiil?:+!orU.UACU'uY ??? L 1?rli'Yl?t COMPLIANCE WITH NVETLAND S BUFFER REGULATIONS In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded in the County Registry prior to the conveyance of lots. Said Deed Notification shall apply to name of subdivision, lot numbers in County, North Carolina as shown on plans titled (insert subdivision name) prepared by _ (insert name of designer) dated date: "A portion of this lot has been detennined to meet the requirements for designation as a wetland, stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by the State of North Carolina in force at the tiine of the proposed alteration The intent of this provision is to prevent additional wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or draining would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina and therefore the State of North Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all Parties and all persons claiming under them". Signature Owner's name Address: City, State, Zip Code: Phone Number: (_) STATE OF North Carolina COUNTY 1, , a Notary Public of the State of North Carolina, County, hereby certify that owner personally appeared before me this day and executed by above certification Witness my hand and notorial seal, this day of _ 2003 Notary Public My commission expires: 'Ecos stem PROGRAM January 9, 2008 Kenny Eason Legend Builders C/o SEGI 5315 S. College Road Ste. E Wilmington, NC 27412 Project: Hoover Road Subdivision Expiration of Acceptance: July 9, 2008 County: Pender 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 the 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/401 Certitication/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the fofowin table. Cape Fear 3030007 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impacts 0 0 0 0 0.477 0 0 0 Credits 0 0 0 0 0.954 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, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, Willi 7Gi1mLore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Ronnie Smith, USACE-Wilmington Joanne Steenhuis, NCDWQ- Wilmington Amanda Kolb, agent File R.e-stoYU29... E ... Protect Oar J'ta to e';? FICUM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net May-21-2007 12:39pm From-legend Builder's, Inc 9107909033 M31 P. 0021002 F-544 P7 U.S. ARMY COMPS OF ENGINEERS WILMINOTON DISTRICT Action Id_ 2006 32879 071 County: Pender U.S_Ci;.S. Quad: Topsail JURISllTCTTONAL INFORMATION SHEET Property Owner: Legend Builders Agent: The Clark (group Address: 400 Carl Street atin: Byron Bateman Suite 203 P.O. Box 10136 Wilmington, NC 28403 Wilmington, NC 28404 Size and location of property (waterbody, road name/number, town, utc_) The property is an undeveloped tract of land (76 acres) tiff Hoover Road in Hampstead. In the wake of the recent Supreme Court decisions in United States P. Rapanos and United Stater v. Carabell, the U.S. Army Corps of. Fnginecrs and the Environmental Protection Agency are examining the methods in which we describe and dotmmeat jurisdictional determinations (JDs) pursuant to the Clean Water Act (MA). In order to allow the Corps and EPA to prepare and issue substantive guidance, the Wilmington District is, in accordance with guidance from our Headquarters and to the extent circumstances allow, delaying making 0NA jurisdictional determinations for areas beyond the limits of traditional navigable waters (Section 10 waters) until new guidance is issued 1 am in receipt of the information you leave provided to the U.S. Army Corps of Engineers regarding CWA jurisdiction over the property described above. Based upon the regulations and guidance available to this agency prior to the decisions in United Slates v. Rapanox and United States Y. Carabell, it appears that the proposed jurisdictional boundarim you have provided to this office arc accurate. However, until final guidance is 'issued, I will not be able to make a final determination of CWA jurisdiction on the referenced property. Placement of dredged or fill material within waters of the US and/or wedand4 without a Department 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 information sheet and/or the Corps regulatory program, please contact Brad Shaver at 910-2514611. Remarks: The site was visited by Elizabeth Hair on 611312006. Corps Regulatory Official: --luoAL64, Date 3/20/2007 - `? °-- - ° h/ - C a IT- V Ll• cs OAS - S.R. 1569 --- __\- ?? ViO0 ulluc a/W- ? V 6Y Cb Qs- t? lp O- ?p CP CJ ? ? N 11 .° _ IS) 11- ? ? I-I IO C`6 i ?W C'4 Z 0) a u'), n C,4 ?z w m mV) • U I •- . d o,vn . .? '?.,. ?. ......... ?'... .''•'' - . . .'? I J ;• I I ,? I 1 °a O °m r n I,.1 t LL! n 3,: Lo' z ?,• •I os .? € 1 ? ?• .?. ?l a I I ?. ' .? ?. ,.,\ i• ,I I I 1; o emu' ` /.? _.-t' i•^'Q' ') ??? ''?'•'?' ? ? ? I as W ?•• •'• ? . ?.Q' •?. ,. .n.?(NNNNNN? ? Y N a Cli 114 Li \; • • . z r- +\ J ? }r r - CL Lu oZ I.? •.> A?-H a-J a- ir •?? t OM M Z W 1 . O Q ? o c `O ? n 3 I ? -H c o 3 cv N v O z Z m \ / w fn ? \ LLJ a? m 00 ? DO Dc, p ., ? 11 IZ tPevsoha l Ries n cleh,c.e }fee ?t !D 3283 - ?2.- 232? -'o0 o? J?I,a 2 Pal s_ ?j tGJOD FENDER CQU?TY.NC 2- PIN t1 YD 83 _ Ga .a3??-mom bATEi°' Z Z Lr7 fNT SC This instrument drafted by: Robert G. Collins B11325 8Pro 294 After recording, mail to: Collins & Collins Law Offices, PLLC 215 Racine Drive, Suite 101 V. Wilmington, NC 28403 North Carolina Fender County QUIT CLAIM DEED This deed, made this a-D-day S u n *-- '2007 by Legend Builders, Inc. a North Carolina Corporation, of the city of Wilmington, State of North Carolina ("Grantor") to Kenny Eason and wife, Trenney L. Eason, of 400 Caral Street, Wilmington, North Carolina 28403("Grantee"). WITNESSETH: That said Grantgj,;,for and inconsideration of the sum of .10tr10 to them in hand paid, the receipt of which is hereby owledged, has remised and ri1 aO?\ah6_py these presents does remise, release, and forever qurto?ai,n unto 52, ?irs ?d assigns all right, title, claim, and interest of the said Gr tef7in ce . at?rat or parcel of land lying and being in the County of Pender a{sd bf in ??• rg?pwnship, and more particularly described ado 1 s: 1 BEING ALL of Tract 1, according to a plat entfiUa''r LOT SUBDIVISON" Minor Subdivision Plat for Kenny .Cason, Legend Builders, duly recorded in Map book 42, Page 85, slide 568, Pender County Registry, reference to which is hereby made for a more particular description. To have and to hold the aforesaid tract or parcel of land and all privileges thereunto belonging to them the said Grantees and their heirs and assigns free and discharged from all right, title, claim or interest of the said Grantor or anyone claiming by, through or under them. In Testimony Whereof, said Grantor has hereunto set their hand and seal the day and year first above written. Legend Builders, Inc. By: (SE ) Tre ney . Eason, President (SEAL) Recorded Verified Joyce M. wi egood Register o Beds Pcnder C unty, NC 14-ta M men ? / Z )--?j a Di?a2., S? bSeL-E. Tz4-t-ce t bcc ct 32-83- --1-WoIs- ?y P1N #3aY3.'7!-G?lB-oa?? DATE G' Z ?--?T J r- ??? ?? Irk (i) Al", 22 Pry ??41.,t a?0 $C $ [iviL l;["!$ FF_NCi n rOUSTY, NC RK3258'US296 This instrument drafted by: Robert G. Collins After recording, mail to: ollins & Collins Law Offices, PLLC v *15 Racine Drive, Suite 101 'ilmington, NC 28403 North Carolina 1 QUIT CLAIM DEED Pender County ) oeCpjrledar,d V,n- Yce M. Swicegood Register ofDeeds This deed, made this a a- day Mt n- p , 2007 by Legend ?d? Couah? N'C Builders, Inc. a North Carolina Corporation, of the city of Wilmington, State of North Carolina ("Grantor") to Legend Builders, Inc., a North Carolina Corporation, of 400 Carol Street, Wilmington, North Carolina 28403("Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of $10.00 to them in hand paid, the 4Z; Opt of which is hereby ackrxos & li} r mired and released and by these presents does remiss Nftase, ands f ?u a ii I %itg be Grantee and its heirs and assigns all right, title, claim, a c(atYier?s4 o s3rl fior in and to a certain tract or parcel of land lying and being in tj?p?n?t(ofll{erEd ani Stale q ?J?pspq(ina, in Township, and more 1 I tUIJ BEING ALL of Tract 1;46E iding to a plat entitled "2 LOT SUBDIVISON" Minor Subdivision Plat for Kenny Eason, Legend Builders, duly recorded in Map book 42, Page 85, slide 568, Pender County Registry, reference to which is hereby made for a more particular description. To have and to hold the aforesaid tract or parcel of land and all privileges thereunto belonging to them the said Grantees and their heirs and assigns free and discharged from all right, title, claim or interest of the said Grantor or anyone claiming by, through or under them. In Testimony Whereof, said Grantor has hereunto set their hand and seal the day and year first above written. Legend Builders, Inc. By: (SE rTrenne L. Eason, President OAU (SEAL) ?1- lama) zf?)1 03 W A T ?RQG ? r C) Niii? -?" ,MIchaolI- Easley, Gayernut William G Ross Jr , Secietaiy North Caro Iina Dept tment of Gnvironn cnl and Natural Resources Coleen N SLllins- Director Division of Water Quality June 13, 2007 Trenny Eason, President Legend Builders, Inc. 400 Carl Street, Suite 202 Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 070533 Hoover Road Subdivision Low Density Subdivision Permit Pender County Dear Ms. Eason: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Hoover Road Subdivision on June 12, 2007. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 070533, dated June 13, 2007, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Chris Baker or me at (910) 796-7215. Sincerely,`"'r Ed a ke c k Regional Supervisor Surface Water Protection Section ENB/csb cc: o is No; thcaroliua ,1'nlurnlly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (9) 9) 733-7015 Customer Service Internet wsvw.rimatcrguality.orp Location: N. 512 Salisbury St Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Division of Cosstal Management Chris Baker Wilmington Regional Office Central Files ?? l 4(J,21ejL O f L N o 00 r ? O ? N O 00 I? J cn O M wo a?? zoo ?U W O > r71 00 N (.? W G910 IHHHS x a Q W ?z E ?4 3 rliO -0 t> a 3 4 9 Lc) Wp y O?Cf) y Q4 'U? < ?- ?u LEI LOS y y Qo-? +I? I 11 O N u NN 4 /? N _rnov II / o VO?O ° ? O O N 8J 3 ?Q r0 d //???? 3 u nm ° r ?W p 1 U / LtJ O °ouu u (n v 3 / -° nnn ° i ? O -)u X +1 po -r- .j 11 0 j j O r= :2 N y W ?- I rnrn 71J 0 y E N 'Y i 71 Zf'L'8?g I I - W - - 71 N U L?? 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