HomeMy WebLinkAbout20080368 Ver 1_CAMA Application_200802290B-0368
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Februarya-Wh,440 sley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Name:
Project Location:
Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Northstar Development Group, Inc. c/o Troy BeasleF
Grace Bay Subdivision
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493 Broad Creek Loop Road in Newport adjacent to Bogue Sound and Huff
Gut off of Hwy 24 on the west side of Broad Creek in Carteret County
Proposed Project: The applicant is proposing to develop a 12-lot subdivision. This will involve
filling jurisdictional wetlands on lot 5 and the addition of a 543' retaining wall
along lot 4 and lot 5. It will also involve construction of a road, utilities and
traditional s/d infrastructure such as, clubhouse, pool, house pads, grading,
preparation and septic tanks.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
3/19/2008. If you have any questions regarding the proposed project, please contact
Heather Styron at (252) 808-2808. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
400 Commerce Avenue, Morehead City, North Carolina 28557
SIGNED Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
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n mp oyer - 50So Recydedk o Post eonsuire, Pape
MAJOR PERMIT FEE MATRIX
Selection Development Type Fee DOM % DWQ'A
(14300" 1601 435104093 1625 6253) (24300 1602 43510009:5 2341)
i. Private, non-commercial
0 development that does not $250 100%($250) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or open water areas:
111. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A.
B, C, or D below applies:
III(A). For Private non-
ED commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(B). For public or
Fl commercial development, if $400 100%($400) 0% ($0)
General Water Quality
Certification No. 3301 (see
attached can be applied:
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60%($285) 40%(S190)
excavation of more than
one acre of wetlands and/or
o en water areas:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Northstar Development Group, Inc (Grace Bay) C/O Troy
Beasley
2. LOCATION OF PROJECT SITE: 493 Broad Creek Loop Rd. in Newport adjacent to
Bogue Sound and Huff Gut off of Hwy 24 on the
west side of Broad Creek in Carteret County
Photo Index - 2000: grids; 39-501 L(14), L(13), J(13), J(14),
2006: grids; 39-8050 0(11), 0(12), P(11), P(12)
State Plane Coordinates - X: 2621786.180 Y: 359093.331 Rover # J 101910B
Longitude: 76°55'50.42196 Latitude: 34°43'07.88076
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/2/07, 10/16/07,10/19/07
Was Applicant Present -Yes, Yes, No
5. PROCESSING PROCEDURE: Application Received - 1/14/2008
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Carteret County dated 9/13/99
Land Classification From LUP - Limited Transition, Conservation
(B) AEC(s) Involved: ES
(C) Water Dependent: Subdivision(No)
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - one existing septic for lot # 1
Planned - On-site septic for each lot
(F) Type of Structures: Existing - Dirt road
Planned - Subdivision infrastructure
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
OTHER
DREDGED FILLED
(A) Jurisdictional Wetlands N/A 1521ft2 N/A
(B) Other High Ground N/A 257,243ft2
Disturbed N/A
(D) Total Area Disturbed: 258,764 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA, ORW, HQW Open: Yes
Field Investigation Report:
Northstar Development Group, Inc
Page 02
8. PROJECT SUMMARY: The applicant is proposing to develop a 12-lot
subdivision. This will involve filling jurisdictional wetlands on lot 5 and the addition of a
543' retaining wall along lot 4 and lot 5. It will also involve construction of a road, utilities
and traditional s/d infrastructure such as, clubhouse, pool, house pads, grading, preparation
and septic tanks.
9. Narrative Description:
The Grace Bay project is located at the 493 Broad Creek Loop Rd in Carteret County. Broad
Creek Loop Road is found by turning south off of Highway 24 East in Newport in the area
locally known as Broad Creek which is to the west of Broad Creek. The property is located a
1/a of mile on the right. Huff Gutt borders this site to the east and Bogue Sound to the south.
Grace Bay is 5.91 acres in its entirety and at an average elevation of 4.5' above NHW
according to the plat dated received 1/14/08. The high ground portion of this site is comprised
of Wax Myrtle (Myrica cerifera), Live Oak (Quercus vir ing_iana) and Red Bay (Persea
borbonia) and is a total of 4.39 Acres. The delineated section of 404 wetlands are mostly
comprised of Cattail (Typha spp.) and Salt reed (Spartina cynosuroides) and is a total of .03
Acres. The coastal marsh above NHW is comprised mostly of Black. Needle Rush (Juncus
roemerianus) and Salt Meadow Hay (Spartina patens) and is a total of .4968 Acres. Smooth
Coordgrass (Spartina alterniflora) and Glasswort (Salicornia) are present below NHW and is a
total of .99 acres. The substrate in this area is thick organic mud.
This section of Huff Gutt and Bogue Sound are not Primary Nursery Areas as designated by
the Division of Marine Fisheries and the Division of Water Quality classifies Bogue Sound as
SA waters and ORW. The Division of Water Quality classifies the portion of Huff Gutt as SA
and HQW. The area in which the proposed project would take place is open to the taking of
shellfish. Carteret Counties Land Use Plan dated 1999 classifies this area as Limited
Transition with conservation in the AECs.
10. Project Description:
The applicant is proposing a 12-lot subdivision (Grace Bay) along with associated roads and
utilities. The development of the subdivision would involve filling of Section 404 Wetlands as
well as the addition of a 543' retaining wall along lot 4 and 5.
The high ground portion of this project would create 12 lots with an average lot size of 16.354
square feet. One road entrance way extending 522.3 ft off of Broad Creek Loop Rd. and will
end at a cul-de-sac providing access to the lots. The private right-of-way would be 40' wide
and the travel way would be 25' wide. A 10' utility easement would be maintained on either
side of the right-of-way. Each cul-de-sac would have a 45' radius with similar utility
easements. All utilities (electric, sewer, water) would be placed in these roadside easements.
As a requirement of the stormwater plan the developer would create a curb outlet 2-swale
Field Investigation Report:
Northstar Development Group, Inc
Page 03
system located on lots 3, 4 and lot 6. All storm water would discharge to adjacent 404
wetlands with coastal wetlands adjacent to this area. The existing road and water line would
be abandoned to allow for the new infrastructure. A maximum of 25% of impervious (64,310
ft2) for the entire built upon area would be allowed. Of this, 11.0% would be used by the
development infrastructure within the 75'AEC and 16% would be within the 575' AEC.
Once built out the entire subdivision tract would have no more than 25% impervious
coverage.
In order for the subdivision to be developed as proposed the applicant is applying to fill
1521 ft2 of jurisdictional wetlands on lot 5. They are also proposing a 543' retaining wall
for lot 4 and lot 5 with it abutting the cul-de-sac. The retaining wall will allow for the two
lots to be filled to the required elevation without back slopes while helping prevent any
encroachment into the jurisdictional wetlands for lot 4 and help minimize wetland impacts
for lot 5. The majority of the retaining wall would be built landward of the jurisdictional
wetlands with 124 linear feet encroaching into the wetlands on lot 5. At this time there is
not any development proposed for water access. The lots will be sold and houses will not
be built at this time. However the footprint of the homes and driveways are designated due
to the approved septic and repair area location for each lot. Lots 4-6 extend to the NHW
however there is an adjacent property between lots 4 and 5 and Huff Gut water access and
between lot 6 and Bogue Sound. These lots are not riparian unless an easement for water
access can be obtained from the adjacent property owner. The adjacent properties in this
area are single-family homes.
11. Anticipated Impacts:
The proposed subdivision would result in the creation of 12 lots. The development as
proposed would involve filling 1521 ftz of jurisdictional wetlands and would disturb 257,243
ft2 of high ground. Once built out, this subdivision would be 11.0% impervious within the 75'
AEC, 16% impervious for the 575' AEC and 25.0% impervious for the entire tract. The
Division of Land Resources approved the sedimentation and erosion control plan (CARTE-
2008-048) on 8/6/07. Stormwater permit #SW8061207 was issued on 12/7/06.
Name: Heather Styron Date: 2/18/08 Morehead City
ANCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM:
TO: DOUG HUGGETT
FROM: HEATHER STYRON 010
THROUGH: TERE BARRETT
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT-
NORTHSTAR DEVELOPEMNET, INC, 493 BROAD CREEK
LOOP ROAD, NEWPORT
DATE: 2/18/08
The following are my comments and recommendations regarding the aforementioned
proposal. The proposal is for the development of a 12-lot subdivision and its entire
infrastructure. They are also proposing the filling of jurisdictional wetlands on lot five
with a retaining wall crossing lot 5 and lot 6. 1 recommend the project be authorized as
proposed on plats dated received January 14, 2008, contingent upon the following
conditions:
1 Any development or land disturbing activity that is considered non-water
dependent is not authorized within 30 feet of the normal high water level unless
specifically exempted by Coastal Resource Commission (CRC) regulations in
place at the time of such development.
2 The Division of Water Quality approval of this project under stormwater
management rules of the Environmental Management Commission is covered by
way of Storm water Permit No. SW8061207, which was issued on 12/07/06. Any
violation of the permit approved by the DWQ will be considered a violation of this
CAMA permit.
Cc: Tere Barrett, DCM
Ted Tyndall, DCM
Dave Timpy, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
DCM MP-1
APPLICATION for .-t
Major Development Permit
(last rnvis" 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
Northstar Development Group, Inc Grace Bay
Applicant 1: First Name MI Last Name
Luke J Murray
Applicant 2: First Name MI Last Name .u
Andrew J Gregory
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
6358 Raliegh NC
ZIP Country Phone No. FAX No.
27628 us 919 - 946 - 1911 ext. - -
Street Address (if different from above) City State ZIP
Email
luke@northstardevelopment.org
2. Agent/Contractor Information
Business Name
Withers And Ravenel
Agent/ Contractor 1: First Name MI Last Name
Troy H Beasley
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
7040 Wrightsville Avenue Wilmington NC
ZIP Phone No. 1 Phone No. 2
28403 910 - 256 - 927 7 ext. 910 - 622 - 0122 ext.
FAX No. Contractor #
910 256 2584
Street Address (if different from above) City State ZIP
Email
tbeasley@withersravenel.com
<Form continues on back>
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Form DCM MP-1 (Page 2 of 4)
08-0368
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Carteret 493 Broad Creek Loop Road 1122
Subdivision Name City State Zip
Grace Bay Newport NC 28570-
Phone No. Lot No. (s) (if many, attach additional page with list)
919 - 946 - 1911 ext. Lots 1 thru 12,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
. "i ?
,
i
?? Huff Gut, a tributary to Bogue Sound
J
`
.L
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
NNatural ?Manmade ?Unknown Bogue Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
?Yes NNo work falls within.
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
629.84 If ±5.91 ac - 257,243 sq feet
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
16,420 sq ft - average, NWL (normal water level)
(If many lot size.^ please attach additional page with a list) 4.0 feet above ®NHW or ?NWL
e. Vegetation on tract
The site has been cleared of most natural vegetation when the property was cleared for single family residential use. The
majority of the site contains various grasses which are regularly mowed to create a lawn. The only native vegetation within
the property is located within the onsite freshwater wetlands and tidal marsh. The vegetation within the onsite freshwater
wetlands consists of Red Bay, Giant Reed, Southern Cattail, Wax Myrtle, etc. The vegetation within the tidal marsh consists
of Juncus roemerianus, Spartina alternaflora, Spartina patens, glasswort,. etc.
f. Man-made features and uses now on tract
The property contains a mobile home and two storage buildings in the northeastern portion of the property, and a brick
residential dwelling and storage building in the southern portion of the property. Prior to the applicant's purchase of the
property, the property served a residential use. Since the purchase of the property, the residences have been removed,
and the property is vacant.
g. Identify and describe the existing land uses adjacent to the proposed project site.
The land uses of the adjacent properties consist of residential.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
R-15 (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes NNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes NNo ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes NNo ?NA
National Register listed or eligible property?
<Form continues on next page>
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Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
The property is currently vacant. The previous wastewater treatment facilities consisted of onsite septic for the two previous
residences on the property.
o. Describe existing drinking water supply source.
The existing water supply is provided by West Carteret Water Corporation, which is a private utility company
p. Describe existing storm water management or treatment systems.
There are no existing stormwater management/treatment systems on the property.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ?Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the project is to construct a residential subdivision. The daily operations will be consist of the activities with a
common residential subdivision.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The proposed development will be constructed using standard residential construction methods.
d. List all development activities you propose.
This application proposes the construction of a 12 lot residential subdivision, associated infrastructure (roads, utilities,
drainage swales, etc.) and a 543 foot retaining wall.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work
f. What is the approximate total disturbed land area resulting from the proposed project? 5.0 ?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
There are no existing discharges to waters of the state. The project proposes 2 vegetated swales which will capture
stormwater runoff from the road and provide water quality treatment prior to discharging into the onsite 404 wetlands. This
stormwater design was approved by DWQ under Stormwater Permit #SW8 061207.
L Will wastewater o stormwate a discharged into a wetland? ®Yes ?No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ®No ?NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
255€-8053-280P .. 1-868-4RCOAST vlww.nccozist:alm-nn:.age'l- ont.not
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information`
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction book/et on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name SEE ATTACHED LIST OF ADJACENT PROPERTY OWNERS Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
DLR - Erosion Control Permit - #Carte-2008-048 - issued 8/6/07
DWQ Stormwater Permit - #SW8 061207 - issued 12/15/06
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date j ?7$ Print Name Troy Beasley
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
?DCM MP-4 Structures Information
252-808-280 .. 1-£188.4 TCtz?AST ?rrv*rvr.a?s c?a ,t?la??G?a?,? nrr?e3a?.nz?R
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Length
Width'
Avg. Existing
Depth
Final Project
Depth
Other
Access Rock (excluding
Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline
(NLW or stabilization
NWL
NA NA
NA NA
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ?None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
C. (i) Do you claim title to disposal area?
?Yes ?No ?NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ?None
(ii) Describe the purpose of disposal in these areas:
®This section not applicable
b. Type of material to be excavated.
d. High-ground excavation in cubic yards.
b. Dimensions of disposal area.
®This section riot appli
d. (i) Will a disposal area be available for future maintenance?
?Yes ?No ?NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
?Yes ?No ?NA
(ii) If yes, how much water area is affected?
x, revi%;t-d: 12/2£/06
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3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin,` use MP-4 - Structures)
a. Type of shoreline stabilization:
?Bulkhead ?Riprap ?Breakwater/Sill ?Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
?Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ?This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brouaht to the site? ®Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water 0.0
(iii) Dimensions of fill area
(iv) Purpose of fill
Backfill for bulkhead along lots 4, 5 and 6., selective
grading on remaining lots.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
ZWL 1,521.58 soft ?None
(ii) Describe the purpose of the fill in these areas:
1521.58 sq ft (0.03 ac) of fill will be placed within 404 wetlands
for construction of the retaining wall and backfill in order to
construct a house on Lot 5. '
e
R
5. GENERAL -0 « r s
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Fill material will be kept on site and erosion controlled through the Bulldozer, backhoe, crane with vibrating attachment, trackhoe,
use erosion control measures approved under the Sediment grader, etc.
and Erosion Control Permit #Carte-2008-048
c. (i) Will navigational aids be required as a result of the project?
?Yes NNo ?NA
(ii) If yes, explain what type and how they will be implemented.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ?Yes ZNo ?NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
252-803-2808 ;; 3-8884RCOAST;; wvvw.tic.coos tatrnatfag rra?nt_o? t revised, •12120/06
Date
Grace Bay
Project Name
Northstar Development Group, Inc
ApplicantName
Applicant Signatur
e2-888-2803 :: 1-88"RCOAS7 :; v,,fvurrr.nccoastah iiaia±?etneiit.net revised: 1212818E
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
[GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 12
The project proposes the construction of 12 residential lots,
t 553 If of retaining wall along lots 4, 5 and 6 and
infrastructure (roads, utilities, drainage swales etc)
associated with the subdivision.
c. Density (give the number of residential units and the units per
acre).
2.03 units per acre
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
®Yes ?No ?NA
(ii) If yes, list the date submitted: Permit # Carte-2008-048
Approved - 8/6/07
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
11.0 % Imp. Surface w/i 75' AEC - 7,550.00 sq ft of imp
16% Imp Surface w/i 575' AEC - 4,055.00 sq ft of imp
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
25% Total Impervious 257,243 sf of drainage area
64,310 sf of impervious surface
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
5.0 acres
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Impervious surfaces will consist of asphault for roads,
concrete for driveways and sidewalks, and those materials
needed for construction of residential dwellings (i.e.
concrete, asphault shingles, roof tile, etc).
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ?No ?NA
(ii) If yes, list the date submitted: Permit #SW8 061207
Approved 12/15/06
j. Describe proposed method of sewage disposal.
The project will treat all waste onsite with individula septic
systems for each lot.
Have the facilities described in Item (i) received state or local
approval?
®Yes ?No ?NA r r
If yes, attach appropriate documentafibn °
JAIN i 4: ll=?11c
252-808-28082 :. 1-888- 4 OAST :. vvrsvi.rac,coast alias tea em nt net
Mcl,
iq$_]a City DMA
revised. 12,126106
Form I M-41 ; ':' ',- ( tar)m Oevel pi )peat, age 2 of
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
The project proposes 2 vegetated swales which will capture
stormwater runoff from the road and provide water quality
treatment prior to discharging into the onsite 404 wetlands.
This stormwater design was approved by DWQ under
Stormwater Permit #SW8 061207. Since the stormwater
will be discharged into freshwater wetlands, the salinity of
the stormwater will be the same as the freshwater
wetlands.
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
The drinking water supply source for the proposed
subdivision will continue to be West Carteret Water
Corporation.
o. When was the lot(s) platted and recorded?
The Preliminary Subdivision Plat received sketch approval
from Carteret County on 10/13/06. The Final Subdivision
Plan has not been recorded.
m. Does the proposed project include an innovative stormwater
design?
?Yes ®No ?NA
If yes, attach appropriate documentation.
n. (i) Will water be impounded? ?Yes ®No ?NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
®Yes ?No ?NA
- bilm
Date
Grace Bay
Project Name
Northstar Development Group, Inc
Applicant Name
Applicant Si ature
v
252-848-2808 ;: 1-888-4111COAST : vvvvxvu_ rracc?asiaitvg?nar?erz ?rft.r??t revised: 12/26/06
AGENT AUTHORIZATION
foin P, ell
7
Y ?sn
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned owner(s), Northstar Development do(es) hereby appoint Troy Beasley
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 Grace Bay project.
The owner does hereby. authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests/applications and 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:
Agent's Name, Address & Telephone:
Troy Beasley / Withers & Ravenel, Inc._
7040 Wrightsville Avenue Suite 101
Wilmington NC 28403
Tel. (910) 256-9277
al44-?
(Title)
7
E?rJ Iar?rt?x?6fZ County, North Carolina
a Notary Public of the County and State aforesaid, certify that
personally appeared before me this day and acknowledged the execution
of the foregoing instrument. Witness my hand and official seal, this `>0 day of
20,Qn.
(Official seal or stamp) - T-CkCA-A
Notary Public
J TA I?
%
13 LNG
My commission expires Ate,- u,,G 19 20 11
NOV .eysly???°
Signature of Oww((s):
PROJECT NARRATIVE
µ"??c3^
MOM f d pry OCNI
Project Narrative
Northstar Development Group, Inc requests a CAMA Major Development Permit for the
construction of a 12 lot residential subdivision which partially encroaches into the 75' AEC of
Huffs Gut and the 575' AEC for Bogue Sound. The planned Grace Bay subdivision is located at
493 Broad Creek Loop Road, in Newport, Carteret County. The project is ±5.91 acres in size,
and abuts the marsh adjacent to Huffs Gut, a small tributary to Bogue Sound. The project is
located within the planning jurisdiction of Carteret County.
Areas of Environmental Concern (AEC)
Both the 75' AEC from Huffs Gut and the 575' AEC from Bogue Sound encroach onto the
project. The 75' AEC was offset from the NHW line from the adjacent Huffs Gut, which is
classified as SA waters. Approximately 48,059.46 sq feet (1.1 acres) of the project site is located
within the 75' AEC. The project will result in 7,550.00 sq feet (0.17 ac) of impervious area
within the 75' AEC needed for construction of the house and driveway for Lots 5 and 7, resulting
in 11% impervious area proposed within the 75' AEC.
The 575' AEC was offset from the edge of Bogue Sound, which is classified as ORW. Withers
and Ravenel coordinated with Ms. Joanne Steenhuis and Mr. Cam McNutt of DWQ to determine
the limits of the ORWs of Bogue Sound as they relate to the project. The final determination of
the limits of the Bogue Sound ORWs is depicted on the site plans and a copy of the letter of
concurrency from DWQ has been provided as an Appendix to this application. Approximately
32,352.07 sq feet (0.74 ac) of the project site falls within the 575' AEC. The project proposes
4,055.00 sq feet (0.09 ac) of impervious area needed for construction of the house and driveway
on Lot 6 and construction of a portion of the cul-de-sac, resulting in 16 % impervious area
proposed within the 575' AEC.
SITE INFORMATION
Project Area 257,243 s ft (5.9 ac
Project Area Within 48,059.46 sq ft (1.1 ac)
75' AEC
Project Area Within 32,352.07 sq ft (0.74 ac)
575 AEC
Impervious Area For
j 64,310.00 sq ft (25%)
Entire Pro
ect
Impervious Area Within 7,550.00 sq ft (11%)
75' AEC
Impervious Area Within 4055.00 sq ft (16%)
575' AEC
Proposed 404 Wetland 1, 521.58 sq ft (0.03 ac)
Impacts
Upland Development
k
0
Jr. .d. -J: Zoos
m6A3 19 c.5 city R_ '*J
The proposed upland development consists of selective grading for lots, the construction of
access road and utilities, and the construction of ±553 linear feet of retaining wall. The retaining
wall will allow the Lots 4 and 5 to be filled to the required elevation without backslopes. The
retaining wall prevents encroachment into the wetlands on Lot 4 and minimizes wetland impacts
to 0.03 acres on Lot 5. The majority of the retaining wall will be built landward of the 404
wetlands, with approximately ±124 linear feet of retaining wall encroaching into 404 wetlands.
The only work proposed within the 75' AEC and 575' AEC will consist of the construction of
portions of Lots 4, 5, 6 and 7, construction of the retaining wall and a portion of the cul-de-sac.
The remaining 9 lots and access road are located outside of the AECs.
Proposed Wetland Impacts
The proposed project will require 1,521.58 sq ft (0.03 ac) of 404 wetland impacts as a result of
installation of the retaining wall and backfill for construction of Lot 5. Due to a lack of municipal
sanitary sewer, the Grace Bay project must provide onsite wastewater treatment. The onsite
wastewater treatment will consist of septic systems for individual lots. The need for individual
septic systems has resulted in larger lot sizes to accommodate the septic field and repair areas,
which are required by the Carteret Department of Environmental Health. The various septic field
setbacks determined the location of the septic field and subsequently, the location of the house
within Lot 5. Encroachment into the onsite wetlands is the only viable option for constructing a
house on Lot 5.
Avoidance and Minimization
The original site plan consisted of 14 lots and proposed ±0.50 acres of wetland impacts due to lot
fill needed to make 4 of those lots buildable. The site plan has since been revised, resulting in the
loss of two lots and a 0.47 acre reduction in proposed wetland impacts by eliminating wetland
impacts on Lots 4 and 6, and reducing impacts on Lot 5 to 0.03 acres. This avoidance and
minimization of wetland impacts was accomplished by utilizing an innovative septic system on
Lots 4 and 5. The proposed septic systems for Lots 4 and 5 are "Type APeat" systems, which are
more efficient than standard septic systems, and therefore require a smaller septic field and repair
area. The reduction of the size of the septic field allowed the houses to be moved further towards
the front of the lots, eliminating wetland impacts on Lot 4 and minimizing wetland impacts for
Lot 5 to only 0.03 acres.
All lots have been designed to meet the minimum lot size (15,000 sq ft) for the zoning (R-15).
By designing lots to the minimum size, development of the uplands has been maximized to the
greatest extent possible to minimize wetland impacts. Wetland impacts were also avoided and
minimized by the design of the retaining wall along the rear of the lots adjacent to the marsh. The
retaining wall allows the lots to be filled to the required elevation without encroaching into the
wetlands, with the exception of Lot 5. The current site plan represents the maximum amount of
avoidance and minimization of wetland impacts while maintaining a feasible project.
ilk
UMI
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ADJACENT PROPERTY OWNERS
Project # 03050445
PDOT # NAME
8781
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3302
2190
1167
1067
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Velda D. Garner
Terry O. Garner
Shelton D. Salter
Janet L. Myers
Alisa K. Macon
James Windham
David R. Howell
David R. Howell
Alvis L.& Williams Burch
Reinhart W. Kunnmann
Leslie & Leroy Pittman
Richard W. & Marjory Cooper
8/22/2007
ADDRESS
451 Broad Creek Loop Rd.
451 Broad Creek Loop Rd.
120 Dixon Dr.
2602 Dunhaven Dr.
123 Dixon Ln.
121 Dixon Ln.
113 Dixon Ln.
113 Dixon Ln.
142 Waterfront Ave.
145 Waterfront Ave.
103 Sunny Point Ln.
171 Frost Rd.
Newport, NC 28570
Newport, NC 28570
Newport, NC 28570
Garner, NC 27529
Newport, NC 28570
Newport, NC 28570
Newport, NC 28570
Newport, NC 28570
Newport, NC 28570
Newport, NC 28570
Newport, NC 28570
Newport, NC 28570
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PREVIOUS PERMITS
Michael F. Easley, Governor
December 15, 2006
Luke Murry, President
Northstar Development Group, Inc.
P.O- Box 6358
Raleigh, NC 27628
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Subject: Stormwater Permit No. SW8 061207
Grace Bay Low Density Subdivision with a Curb Outlet System
Carteret County
Dear Mr. Murry:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Grace Bay on December 7, 2006. 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 061207, dated
December 15, 2006, 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 suoercede 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 adjudicator 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.
Sinc?ety,
Edward ZBeclk
Regional Supervisor
Surface Water Protection Section
ENB/csb: S 1WQS\S1 ORMWA RPERMIT1061207.dec06
cc: Mark ?iatgrove'PE =Wifhers and Ravenel
Carteret County Inspections
,
Chris Baker Elm 19
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone(919)733-7015 Customer Service
Internet: www.ncwatergyaality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax 1(919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/1 0% Post Consumer Paper
State Stormwater Management Systems
Permit No. SW8 061207 .
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
it - -
STATE STORMWATER MANAGEMENT PERMIT J
LOW DENSITY DEVELOPMENT WITH A CURB OUTLET SYSTEM
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Luke Murry and Northstar Development Group, Inc.
Grace Bay
Carteret County
FOR THE
construction, operation and maintenance of a 25% low density subdivision with a curb
outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter
referred to as the "stormwater rules') and the approved stormwater management plans
and specifications, and other supporting data as attached and on file with and approved
by the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
1. DESIGN STANDARDS
1. The project is permitted for 12 lots, each limited to a maximum of 3,995 square
feet of built-upon area (BUA) and 1,000 square feet of future BUA, as defined by
the stormwater rules, and as indicated in the approved plans. CAMA regulations
may reduce the built-upon area for those lots within the AEC.
2.. The overall tract built-upon area percentage for the project must be maintained
at 25%, per the requirements of Section .1005 of the stormwater rules.
3. This project proposes a curb outlet system. Each designated curb outlet swale or
100' vegetated area shown on the approved plan must be maintained at a
minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5 /o, carry the flow from a '10 year storm in a
non-erosive manner, maintain a dense vegetated cover, and be located in either
a dedicated common area or a recorded drainage easement.
4. No piping shall be allowed except those minimum amounts necessary to direct
runoff beneath an impervious surface such as a road or under driveways to
provide access to lots.
5. Runoff conveyances other than the curb outlet system swales, such as perimeter
ditches, must be vegetated with side slopes no steeper than 3:1 (H:V).
6. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
Papa 2 of .r]_
State Stormwater Management Systems
Permit No. SW8 061-:07
II. SCHEDULE OF COMPLIANCE
1. Curb outlet swales, vegetated areas and other vegetated conveyances shall be
constructed in their entirety, vegetated, and be operational for their intended use
prior to the construction of an
built-u
on
u
f
th
d
l
y
p
ace, per
s
r
e approve
p
ans
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include: ?i
.??
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate 'repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
01
specifications.
f. Cleaning and.repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of'ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further subdivision, acquisition or sale of the project area. The project
area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, piping, or altering any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee is responsible for verifying that the proposed built-upon area does
not exceed the allowable built-upon area. Once the lot transfer is complete, the
built-upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meeting the built-upon area limit is transferred to
the individual property owner.
7. The permittee must certify in writing that the project's stormwater controls, and
impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must
be noted on the Certification. The permittee shall submit the Certification to the
Division within 30 days of completion of the project.
8. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
9. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot
wide vegetative buffer between all impervious areas and surface waters.
10. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
11. All roof drains must terminate at least 30' from the Mean High Water mark.
Page 3 of 5
State Stormwater Management Systems
Permit No. SW8 061207
12. Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number 061207, as issued by the
Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them,
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of iNorth Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Weter Quality.
f. The maximum built-upon area per lot is 3,995 square feet. This allotted
amount includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina,
driveways, and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches,
swales, etc.) associated with the development except for average
driveway crossings, is prohibited by any persons.
h. Lots within- CAMA's Area of Environmental Concern may have the
permitted built-upon area reduced due to CAMA jurisdiction within the
AEC.
i. Filling in, piping or altering any designated 5:1 curb outlet swale or
vegetated area associated with the development is prohibited by any
persons.
j. A 30' vegetated buffer must be maintained between all built-upon area
and the Mean High Water line of surface waters.
k. All roof drains shall terminate at least 30' from the Mean High Water mark.
1. Each designated curb outlet swale or 100' vegetated area shown on the
approved plan must be maintained at a minimum of 100' long, maintain
5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than
5%, carry the flow from. a 10 year storm in a non-erosive manner, maintain
a dense vegetated cover, and be located in either a dedicated common
area or a recorded drainage easement.
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 4 of 5
State Stormwater Management Systems
Permit No. SWb 061207
14. The permittee must submit a copy of the recorded deed restrictions within 30
days of the date of recording.
15. Prior to transfer of,ownership, the swales must be inspected and determined to
be in compliance with the permit. Any deficiencies will be repaired or replaced
prior to the transfer.
16. The final plats for the project will be recorded showing all required swale
easements and common areas, in accordance with the approved plans.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. a1.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit transfer request must be
submitted to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved. The permittee is responsible for compliance with
all the terms and conditions of this permit until the Division approves the permit
transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
those permits or approvals result in revisions to the plans, a permit modification
must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
it's components.
8. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 15th day of December, 2006.
NORT AROLINA ,NVIFjQNMENTAL MANAGEMENT COMMISSION
=--------------------
for Alan W. Klimek, P. E., Director "t'-?"` L
Division of Water Qualitys
By Authority of the Environmental Management Commission
Page 5 of 5
OFIIICE' USE ONLY
,-
Date Received Fee Paid Permit Number
6 6
rr , aZ 1171.
(d0`
State of North Carolina
Department of Environmental and Natural Resources
Division of Water Quality
STORIVIWATER MANAGEMENT PERMIT APPLICATION RM'-"
This form may be photocopied for use as an original.
1. GENERAL INFORMATION' • ;
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Northstar Development Group, Inc.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Luke Murrav - President
3. Mailing Address for person listed in Item 2 above:
P.O. Box 6358
City: Raleigh _ S ate: NC _ Zip: 27628
Telephone Number: (919) 946-1911
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Grace Bay
5. Location of Project (street address):
499 Broad Creek Loon Road
City: Newport County: Carteret
6. Directions to project (from nearest major intersection):
The southeast corner of N. 30`x' Street and Princess Place Drive:
7. Latitude: 34° 43' 6" N Longitude: 76° 55' 14" W of project.
8. Contact person who can answer questions about the project::
Name: Mark Hargrove
Telephone Number.
I1. PERMIT INFORMATION:
1. Specify whether project is (check one): _ X New
Form SWU-101 Version 3.99 Pagel of 4
Renewal Modification
s t =7
gg l??p
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
X Low Density _ High Density Redevelop General Permit Other
4. Additional Project Requirerpents (check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748
III. PROJECT INFORMATION
I . In the space provided below; summarize how stormwater will be treated. Also attach a detailed narra?ty +- `t. 0'.
(one to two pages) describing stormwater management for the project.
Stonnwater will be treated by the use of Grass Swales
x 3 ,
2.
3
Stormwater runoff from this'project drains to the
Total Project Area: 5.91 acres.
4. Project Built Upon Area: 25.00 %.
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach and additional sheet with the information for each area provided in the same format as below.
Basin Information Drainage Area 1
Receiving Stream Name Bo ue Sound
Receivin Stream Class SA ORW
Drainage Area _
257,246 sf - 5.91 ac
Existing Im ervious*Area -0-
Proposed Im ervious* Area 64,310 sf - 1.48 ac
% Im ervious* Area (Total) 25.0%
Im ervious* Surface Area Drainage Area 1
On-Site Buildings (12 lots) 47,940 sf
On-Site Streets 15,370 sf
On-Site Parkin Pavement
On-Site Sidewalks
Other On-Site (future) 1,000 sf
Off-Site -0-
Total: 64,310 sf - 1.48 ac
*Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
White Oak River Basin.
7. How was the off-site impervious area listed above derived?
Form SWU-101 Version 3.99 Page 2 of4
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, out parcels, and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size, and the allowable built-upon area for each lot must be provided as an
attachment.
The following covenants are intended to ensure ongoing compliance with state stormwater management
permit number as issued by the Division of Water Quality. These covenants may not
be changed or deleted without the consent of the State.
No more than 3,995 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but not include
wood decking or the water surface of'swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit
modification prior to construction.
5. All permitted runofffrom the outparcels or fulure development shall be directed into the permitted
stormwater control system. These connections to the stormwater control system shall be performed in a
manner that maintains the integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for
the status and availability of these forms.
Form S WU-102
Form SWU-103
Form SWU-104
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-108
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off-Site System Supplement
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4
1
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A
complete package includes all of the items listed below, The complete application package should be submitted to
the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP M l?
• Permit application processing fee of payable to NCDENR)O Zoeo AAA- _
• Detailed narrative description of stormwater treatment/management hwX
• Two copies of plans and specifications, including:-
- Development/ Project name
- Engineer and firm
- Legend I.
- North arrow
- Scale
- Revision number & date
- Mean high watelr line
- Dimensioned prbperty/project boundary
- Location map wlith named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads) drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
- Drainage areas cJelineated
- Vegetated buffelllrs (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
i .
Designated agent (individual or firm): Withers & Ravene] Inc.
Mailing Address: 7040 Wrightsville Ave, Suite 101
City Wilmington State: NC Zip: 28403.
Phone: (910)256-9277 Fax: _(910) 256-2584
I
VIII. APPLICANT'S CERTIFICATION
I, (print or type. name ofperson listed in General Information, Item 2) Luke Murray
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions and
protective.gQyenan ill be record6 trd-that- a proposed project complies with the requirements of I5A ..
NCA?H.1000.
Signature: ??- Date: * - ,`., ..? ?.?u
2-16 hi?-
Form SWU-101 Version 3.99 Page 4 of4 "?
I
Permit No.
(to be 1 roviclecl by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATIION FORM
LOW DENSITY SUPPLEMENT
This./orm may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon aitea and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requireinents and density factors can
be found in 15A NCAC 211 .1005 through .1007. 1
1. PROJECT INFORMATION
Project Name: GRACE BAY
Contact Person: MARK HARGROVE Phone Number: 910.256.9277
Number of Lots: 12 Allowable Built Upon Area Per Lot: 13.995 s t
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sijzes and allowable built upon
area for each lot. The attachment must include the project name, phase, page numbers and provide area
subtotals and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
I
• DF Density Factor - the appropriate percent built upon area divided by 100. j
• RA Road Area - the total impervious surface occupied by roadways.
i
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surface's
located between the front lot line and the edge of pavement. j '¢ A
Form SWU-104 Rev 3.99 Page I oft. ??
Calculation:
64,310 S.F. TOTAL IMPERVIOUS - 25.00%
257,246 S.F DRAINAGE AREA
;
THEREFORE LOW DENSITY -- 25%
I
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the
Neuse River basin may require additional buffers.
i
m P AI Deed restription language as required on form SWU-101 shall be recorded as a
restrictive covenant. A copy. of the recorded document shall be provided to
DWQ withjn 30 days of platting and prior to sale of any lots.
i
?u)L- c. Built upon area calculations are provided for the overall project and all lots.
d. Project copforms to low density requirements within the ORW AEC (if
applicable), [I 5A NCAC 21-1 .1007(2)(b)J
I
i
tNs
Form SWU-104 Rev 3.99 Page 2 oft , ''
Permit No. (~ ? .. (9& LD_-,bl ??
(to be provided by DYYQ)
t
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
CURB OUTLET SYSTEM SUPPLEMENT
FOR LOW DENSITY DEVELOPMENT WITH CURB AND GUTTER
This form may be photo copied for use as an original
i
DWO Stormwater Management Plan Review: j
A complete stormwater management plan submittal includes a stormwater management ?ermit application, a curb outlet system
supplement, a low density supplement, design calculations, and plans and specifications showing all stormwater conveyances
and curb outlet details.
i
1. PROJECT INFORMATION
I'
Project Name TRACE PAY
Contact Person: MARK HAR GROVE i Phone Number: 910-256-9277
Curb outlets to (check one): X Swale 0 Vegetated Area
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section
15A NCAC 211.1008.
Initial in the space provided to indicate that the following design requirements have been] met and supporting documentation is
attached. If the applicant has designated an agent on the Stormwater Management Permit! Application Form, the agent may
initial below. If a requirement has not been met, attach justification.
I
Applicants Initials
1naN a. Curb outlets direct flow to a swale or vegetated area.
,MuF? b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a minimum, the peak flow
from the 10-year storm.
i
n1N? c. Flow velocity is non-erosive for peak flow from the 1 0-year storm Event.
Gv?AM d. Longitudinal slope of the swale or vegetated area does not exceed 5%i.
W`I0? e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical).
f. Length of swale or vegetated area is > 100 feet.
g. The system takes into account the run-off at ultimate built-out potential from all surfaces draining to the
system (delineate drainage area for each swale).
h. Swales are located in recorded drainage easements.
i. Grass type(s) for permanent vegetative cover specified on detail. F,. 1 ;
IWp j. Swale detail provided on plans.
j ,- "1A
Form S W U-105 Ver 3.99 Pagel of 3
III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same format as Table I
and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and
Sediment Control Planning and DesignlManual.
Table 1. Swale Design Information
'}t
S6L•',:.: „E
fh?ll? S ' • . v. $
?? .."r{.
..,r.,_. .. .... .,
a_li}iat!..piyli.1?.,.} ,•
7? -
.1t A1 ,;a
4?
'A ,;a
?,, r,t 8'.,Y7S ..: ........
I'I
I I :
V
,^`"Y .y 61
r
..?4.. _
.. . .^`:i';' ,;,. t
1?T?
-f -q G?: k
.^
P'
y?: ? /?t.?J
I
?;a...i tt,.t'r `'ry
}
e r
y- - itiy
lyy .? Itr _} t
.t I
f.ti.rytr.}I .!: ;-.
i 1, ,
fR 0 1! t
y Y r. .
M { .f}ap1
' N z
t
t Ptt .•'S:r
t r c ' f
?a ?J F!
v, Wi ,..
t r 4 t y
.} t ..C:., .;fi..
IN i I
. 4i? S } >t T. f
±, - " t<r
i ? t G?a? t1 )4
j f•!1•i t
:eta 3. ei :. IG
?r
Y ty '1 3". F `t ?.
{.c
F1 ??
! , ; .
} ?t.
? ?
, '.
,
?
f i.:
Swale No. 1 0.37 0.2? 0.14 0.62 1.66 4.50 1.58 0.30
Swale No. 2 0.25 0.16 0.09 0.63 1.15 4.50 1.6 0.23
I
i
i
i
I
i
I
I .
i
i
i
I
i
i
Form SWU-105 Ver 3.99 Page 2 of 3
I
IV. CURB.OUTLET SYSTEM MAINTENANCE REQUIREMENTS
I . Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time.
I . Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash
accumulation.
I
2. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment
removal:
3. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetatedas needed and in a timely manner
based on the monthly inspections.
i
4. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff
producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and
piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
i
I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures
listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party.
Print Name and Title: Luke Murray - President
Address:
Date: 19,1611006
No3e.:_?Iegatly responsible party should nof7r7thvmeow`ners association unless more than 50% of the lots have been
sold and a resident of the subdivision has been named the president.
t a Notary Public for the State of r72ap , County of
t do hereby certify that personally appeared
before me this K? day of Et,(??t? and acknowledge the due execution of the
foregoing infiltration basin maintenance requirements. Witness my hand and official seal.
STEMMIE EMERY
Notary Public
EAL Wake County
Stole of North Carolina My commission expires
My ComrtNwlon Expires May 21, 2011
a4 .'.
b
X' 'A
Form SWU-105 Ver 3.99 Page 3 of 3
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
8/6/2007
LETTER OF APPROVAL. WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Northstar Development Group, Inc.
Luke Murray, President
P.O. Bas 6358
Raleigh, NC 27628
RE: Project Name: Grace Bay Express Review
Project ID: Carte-2008-048
County/Town/Street: Carteret, S.R. 1122
River Basin: White Oak
Submitted By: Withers & Ravenel
Date Received by LQS: August 2, 2007
Plan Type: NEW
Dear Mr. Murray:
AA,
This office has reviewed the subject erosion and sedimentation control plan and hereby
issues this Letter of Approval with Modifications and Performance Reservations. A list of the
modifications and reservations is attached. This plan approval shall expire three (3) years
following the date of approval, if no land-disturbing activity has been undertaken, as is required
by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be
required (G.S. 113A-54.1)(b).
Please be advised that Title 15A NCAC 413.01 18(a) requires that a copy of the approved
erosion control plan be on file at the job site. Also, you should consider this letter to give the
Notice required by G.S. 113A-61.1(x) of our right of periodic inspection to insure compliance
with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance-oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 - Phone: 910-79&72151 FAX: 910-350-2004
Letter of Approval with Modifications and Performance Reservations
Luke Murray
August 6, 2007
Page 2 of 4
Acceptance and approval of this plan is conditioned upon your compliance with Federal
and State water quality laws, regulations, and rules. In addition, local city or county ordinances
or rules may also apply to this land-disturbing activity. This approval does not supersede any
other permit or approval.
Please be aware that your project will be covered by the enclosed NPDES General
Stormwater Permit NCGO 1000 (Construction Activities). You should first become familiar with
all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided
in. the Financial Responsibility Form, which you have provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project. Please
notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Carol N. Miller
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications and Performance Reservations
NPDES Permit
cc: Mark N. Hargrove, P.E., Withers & Ravenel
LQS-WiRO
5,. w?
Letter of Approval with Modifications and Performance Reservations
Luke Murray
August 6, 2007 ,
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATY415P
Project Name: Grace Bay
Project ID: Carte-2008-008
County: Carteret
1. This plan approval shall expire three (3) years following the date of approval, if no land
disturbing activity has been undertaken, as is required by Title 15A NCAC 4B.0029.
2. The developer is responsible for the control of sediment on-site. If the approved erosion and
sedimentation control measures prove insufficient, the developer must take those additional steps
necessary to stop sediment from leaving this site. Each sediment storage device must be
inspected after each storm event. Maintenance and/or clean out is necessary anytime the device
is at 50% capacity.
3. Any and all existing ditches on this project site are assumed to be left undisturbed by the
proposed development unless otherwise noted. The removal of vegetation within any existing
ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2
horizontal to 1 vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is
considered new earth work and is subject to the same erosion control requirements as new
ditches.
4. The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this land disturbing activity. This
could include agencies such as the Division of Water Quality's stormwater regulations, their
enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of
Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal
Management's CAMA requirements, the Division of Solid Waste Management's landfill
regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers
jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that
may be required. This approval cannot supersede any other permit or approval; however, in the
case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to
wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation
Pollution Control Act.
5. If any area on site falls within the jurisdiction of Section 401 or 4.04 of the Clean Water Act, the
developer is responsible for compliance with the requirements of the Division of Water Quality,
the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any
erosion control measures that fall within jurisdictional wetland areas must be approved by the
aforementioned agencies prior to installation. The Land Quality Section must be notified of a
relocation of the measures in question to the transition point between the wetlands and the
uplands to assure that the migration of sediment will not occur. If that relocation presents a
problem or contradicts any requirements of either DWQ, the Corps, or the EPA, it is the
responsibility of the developer to inform the Land Quality Section regional office so that an
3
ttt
7
y
Letter of Approval with Modifications and Performance Reservations
Luke Murray
August 6, 2007
Page 4 of 4
adequate contingency plan can be made to assure sufficient erosion control remains on site.
Failure to do so will be considered a violation of this approval.
6. Any borrow material brought onto this site must be from a legally operated mine or other
approved source. A single use borrow site or an area to waste material is only permissible if it is
operated under the total control of the Financially Responsible person or firm who is developing
this site and has been separately permitted and incorporated as part of this plan meeting all the
requirements of NC General Statue 74-49(7)f.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed
5.0 acres. Exceeding that acreage will be a violation of this permit and would require a
revised plan and additional application fee. Any addition in impervious surface, over that
already noted on the approved plan, would also require a revised plan to verify the
appropriateness of the erosion control measures and storrawater retention measures.
8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a
maximum of 8.0 feet apart. Omission of the reinforcing wire is a construction change
that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no
greater than 6 feet apart.
9. Because the sediment trap is shown on the plan as the primary sedimentation control device on
this project, it is necessary that the trap and it's collection systems be installed before any other
grading takes place on site. If that proves to be impractical, a revised plan must be submitted and
approved that addresses erosion and sediment control needs during the interim period until the
ponds are fully functioning.
10. A graveled construction entrance must be located at each point of access and egress available to
construction vehicles during the grading and construction phases of this project. Access and
egress from the project site at a point without a graveled entrance will be considered a violation
of this approval. Routine maintenance of the entrances is critical.
11. The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in
which to re-establish vegetative groundcover. Slopes (including cuts, fills, and ditch banks) left
exposed will, within 21 calendar days after completion of any phase of grading, be planted or
otherwise provided with groundcover sufficient to permanently restrain erosion.
ORW DETERMINATION
TF9Q
?OF N NA
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5 ?
CO T
Michael F. Easley, Governor LO 0 P? William G. Ross Secretary
?gLGJI North Carolina Department of Environment and Natural al Resources
Coleen H. Sullins, Director
Division of Water Quality
November 2, 2007
NORTHSTAR DEVELOPMENT GROUP, INC.
Attn: Luke Murray
PO Box 6358
Raleigh NC, 27628
Subject: Grace Bay Subdivision ORW Line
Carteret County
Dear Mr. Murray,
D `i
This Office agrees with the surveyed line indicating the Outstanding Resource Water (ORW)
boundary depicted on the plat map revised for ORW line on May 8, 2006. The plat was sent
electronically to the Wilmington Regional Office on October 30, 2007. See attached plat.
If you have any questions, please do not hesitate to call me (910) 796-7215.
Regards,
. <A?
oanne Steenhuis
Senior Environmental Specialist
Attachment
cc: Ryan McAlister - Withers and Ravenel
Ian McMillan - 401 Oversite Unit
Tere Barrett - DCM Morehead
Dave Timpy - USACE Wilmington
Central Files
WiRO
NoMhcarolina
,11?atura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: www.ncwaterauality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax' (919) 733-2496 1-877-623-6746
An Equal OpportunitylAffirmative Action employer - 50% Recycled/10% Post Consumer Paper
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CORPS/CAMA WETLAND APPROVAL
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT --
County: Carteret U.S.G.S. Quad. SMter Patlr
Action id. 20060792
NOTIFICATION OF JURISDICTIONAL D]ETERMINATIOi Property Owner: 5;aultol'n ann rnCivn Post office Box 6358 1 a1e1
493 Broad Creek Loo Newport NC 28570 /0191946-1911 t' "°ryi 0)'ZSb- 77! ?
Agent for the buyer: Withers & Ravenel c/o: TroyI3eas1eV,107 StolcelV_1)rive, Wilinindt°n Pd---C 2849i-'
Property description: The 6.3-acre tract is located at 493 Broad Creels Loop North Car olina? side NC_ 24, ad!acent to
Huff Gut and Bowe Sound, in Broad Creek Community Carteret County,
An>Dl '
Indicate Wlflich of Followinff
A. Preliminary Determination
etlands on the above described property. We strongly suggest you have
Based on preliminary information, there may be w
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
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. 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.
% There are wetlands and waters on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (WA)(33 US(' 1344 and Section 10 of the Rivers and Harbors Act. Unless there is a Chan a in the
law or our ublished regulations. this determination ma be relied upon fora period not to exceed five ears from the date
of this notification. Please reference my March 7 2006 onsite inspection with Mr. Beasle .
_ 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.
X The wetland and waters on the ro er have been delineated and the delineation has been verified b 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 Please be aware that an placement of fill material waterward of the flagged ljne requires D artment
of the Army authorization from our office.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . 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.
_ 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 13411). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
CAMA . You should contact the Division of Coastal Management in Morehead Citty NC at L808)252-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Anny 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 meat (910)251-4311.
Page 1 of 2
Action III:
C. Basis For Determination
D. Remarks
E. Appeals Infol-ination (This information applies only to approved jurisdictional determinations as indicated in
B. above) . if you This correspondence constitutes an approved jurisdicti aunder Corps regu ations at 33 CFR part 33t1. Enclosedyoutwthfind a
determination, you may request an administrative appeal ?
Notification of Appeal Process (NAP) fact sheet and request RFA form to the f South At antic Divi on, Div ion Office at the Flollowing
determination you must submit a completed
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
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 that it has been received by the Division Office within 60 days of the date of the NAP.
.
Should you decide to submit an RFA form, it must be received at the above address by June 27 2006
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date: April 24, 2006
Date An0124 2011
Page 2 of 2
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