20080282 Ver 1_More Info Received_20080312

RTLLP
CAROLONAS
Letter of Transmittal ()S " 'D k $ (7-
To: Kim Garvey, US Army Corps of Engineers and Ian McMillan, Division of Water
Quality
From: Kristen Rose
Date: March 11, 2008
Re: Myrtle Landing Multi-family Residential Development, Wilmington
Please find enclosed copies of a revised Pre-Construction Notification for Myrtle Landing. The cover
letter, application (Appendix A) and Site Plan #7 (Appendix D) have been revised to include additional
wetland impacts proposed on the project. All of the other information is the same as the original
submission. Please let me know if you have any questions. Thanks!
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WETLANDS AND STORMWNTEF BRANCH
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DENVi . VdAi t? ?WATEF. Stt?t;
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REVISED PRE-CONSTRUCTION NOTIFICATION
MYRTLE LANDING
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
MYRTLE GROVE ROAD
WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA
Revised Pre-Construction Notification
Myrtle Landing
Multi-Family Residential Development
Myrtle Grove Road
Wilmington, New Hanover County, North Carolina
CLIENT
Biltmark Builders, Inc.
PO Box 1229
1510 A South Third Street
Wilmington, North Carolina 28402
SUBMITTED BY
ECS Carolinas, LLP
7211 Ogden Business Park, Suite 201
Wilmington, North Carolina
PROJECT No. 22-13349A
March 11, 2008
7ui
LLP ECS CAROLINAS LLP
Geotechnical • Construction Materials • Environmental • Facilities
March 11, 2008
Ms. Kim Garvey
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
RE: Myrtle Landing
Multi-family Residential Development
7220 Carolina Beach Road
Wilmington, New Hanover County, North Carolina
ECS Carolinas, LLP Project No. 22-13349A
Dear Ms. Garvey:
Please review the revised material for a Pre-Construction Notification for the above-
mentioned property. The subject site is proposed for a multi-family development located
to the east of Carolina Beach Road in Wilmington, New Hanover County, North
Carolina. As shown online at the U.S. Environmental Protection Agency's (EPA),
Enviromapper website, the site is located in the Lower Cape Fear River Basin (HUC
Code 03030005). The multi-family development will involve the crossing of drainage
ditches/relatively permanent waters (RPW) for construction of a vehicle access and
emergency turn-around, and utility line connection to an adjacent property. The wetlands
and RPWs on the site drain into an unnamed tributary of the Intracoastal Waterway.
Revisions have been made to include a third wetland impact involving a small wetland on
the northern Myrtle Landing parcel for the purpose of road and building construction.
On the behalf of our client, Biltmark Builders we are enclosing the following materials
for the Pre-Construction Notification of the Myrtle Landing construction project:
• Revised Pre-Construction Notification application
• Property owner's signed letter of authorization for allowed site visits;
• Driving directions and map to the site;
• Map showing the location of the site (Figure 1), an aerial photograph of the site
(Figure 2), a USGS Quad map with site boundaries depicted and the coordinates
for the center of the site shown in deci-degrees (Figure 3), the New Hanover
County Soil Survey map with the site depicted (Figure 4); the revised site plans
showing wetlands & RPWs (Figure 5); and erosion control detail sheet (Figure
6);
• Jurisdictional Determinations approved for the northern and southern project
parcels; and
• Stormwater Permit
7211 Ogden Business Park • Suite 201 • Wilmington, NC 28411 • [phone] • Fax [phone] • www.ecslimited.com
Asheville, NC • Charlotte, NC - Greensboro, NC. Greenville, SC - Raleigh, NC • Swansboro, NC * Wilmington, NC
* testing services only
Pre-Construction Notification
Myrtle Landing Multi family
Residential Development
Myrtle Grove Road
Wilmington, North Carolina
ECS Carolinas, LLP. Project No. 22-13349E
March 11, 2008
Thank you in advance for your assistance with this project. If you have any questions or
need additional information please contact Ms. Kristen Rose at [phone].
ECS Carolinas, LLP
SPenRos'e
Project Wetland Scientist
Enclosures:
Cheryl J. Moody, REM, CIEC, CMRS
Principal Scientist
A. Pre-Construction Notification application
B. Property Owner's Letter of Authorization
C. Driving Directions to site
D. Figures:
Figure 1. Location Map
Figure 2. Aerial Map
Figure 3. USGS Topographic Map
Figure 4. Soils Map
Figure 5. Site Plans
Figure 6. Erosion Control Details
E. Jurisdictional Determinations
F. Stormwater Permit
2
REVISED PRE-CONSTRUCTION NOTIFICATION
MYRTLE LANDING
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
MYRTLE GROVE ROAD
WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA
ECS PROJECT NO. 22-13349A
TABLE OF CONTENTS
? APPENDIX A - Revised Pre-Construction Notification
? APPENDIX B - Property Owner's Letter of Authorization
•A APPENDIX C - Driving Directions to the Site
? APPENDIX D- Figures
¦ Figure 1. Location Map
¦ Figure 2. Aerial Map
¦ Figure 3. USGS Topographic Map
¦ Figure 4. Soil Map
¦ Figure 5. Revised Site Plans
¦ Figure 6. Erosion Control Detail Plan
? APPENDIX E- Signed Jurisdictional Determination
? APPENDIX F- Stormwater Permit
APPENDIX A
PRE-CONSTRUCTION NOTIFICATION
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 - O 3 S 2
(11 any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide,. Regional or General Permit Number(s) Requested: NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
Owner/Applicant Information
o C?K
MAR1
Name: Brian Kaiser Biltmark Builders Inc.
Mailing Address: PO Box 1229 AEn ANDS Ai4p STORMWATER HRMIUH
Wilmington, North Carolina 28402-1229
Telephone Number: 910-251-5030 Fax Number: 910-251-2380
E-mail Address: b.kaiserabiltmark.com
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: Kristen Rose, Wetland Scientist
Company Affiliation: ECS Carolinas LLP
Mailing Address:_ 7211 Ogden Business Park, Suite 201
Wilmington, North Carolina 28411
Telephone Number: 910-686-9114 Fax Number: 910-686-9666
E-mail Address: KRose(a,)ecslimited.com
Page 5 of 13
JI
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: Myrtle Landing
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): R08200-002-010-000 & R08200-002-059-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Myrtle Landing
Directions to site (include road numbers/names, landmarks, etc.): South US 421/Carolina
Beach Road to 7220 Carolina Beach Road. See attached driving; directions.
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): 34.0853327 ON -77.895798 °W
6. Property size (acres): 56.60 acres
7. Name of nearest receiving body of water: Unnamed tributary to the Intracoastal Waterway
8. River Basin: Lower Cape Fear River Basin 03030005
(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/mMs/.)
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 northern portion of the site is cleared with roads
roughed-in for the multifamily development. A small wetland and ditches are present. The
southern portion of the site contains forested land with drainage ditches and scattered
wetlands. Narrow swaths of forest have been cut to ease access to the southern portion of the
site. The surrounding area is predominantly residential.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:-
The project will consist of multifamily residential units with associated roads utilities
stormwater infrastructure, and recreational/open space. The cleared upland will be used for
the development, while the majority of the forest and wetlands will remain undisturbed. The
project will involve an access and emergency vehicle turn-around into the forested area to the
south of the residential development impactinga drainage ditch. The project will also involve
crossing a drainage ditch with utility lines to provide utilities to an adjacent property owner.
Standard excavating equipment will be used for the project.
11. Explain the purpose of the proposed work: The purpose of the project is to provide
multifamily housing in this owing area of Wilmington. The purpose of the turn-around is
to provide future access to a small parcel on the southern portion of the pro gfty and an
emergency vehicle turn-around. The size of the turn-around was dictated by New Hanover
County in order to accommodate emergency vehicles including a fire truck if necessar?The_
purpose of the utility line crossing is to provide utilities to an adjacent property owner.
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.
US Army Corps of Engineers signed a Jurisdictional Determination and wetland survey for the
northern parcel. # 2003-009-70. See attached.
US Army Corps of Engineers signed Jurisdictional Determination for southern parcel Action ID
#2007-572-065. See attached.
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.
This project stands alone and will not require further development beyond what is described in
this application.
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
Page 7 of 13
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: The proposed impact Number 1
will involve temporarily crossing a drainage ditch with utility lines to provide utilities to an
adjacent property owner. A trench will be excavated and utility lines will be buried within a
40 foot right-of-way. The disturbed area will be restored to its original grade and will be
seeded and mulched. The proposed impact Number 2 will involve crossing a man-made ditch
(Relatively Permanent Water) in order to construct a turn-around Impacts to the ditch are
necessary for a future access to a small portion of the southern parcel and an emer ency
turn-around in order to accommodate a fire truck. The culvert will be a Class III RCP
approximately 30 inches wide, and will be buried 6 inches to maintain the natural channel
bottom. The paved turn-around will be installed on top of the culvert with side slopes of 3.1
Proposed impact Number 3 will involve filling and grading a small wetland pocket alongside
the existing dirt road for construction of the permanent roadway and utilities All disturbed
areas will be seeded and mulched after construction is complete All other ditches and
associated wetlands on the project site have been avoided during design.
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
odpl Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
Impact Area #1 Temporary dredge/fill Open drainage ditch no 5000 feet .01 acres
Impact Area #2 Culvert installation/fill Open drainage ditch no 5000 feet .03 acres
Impact Area #3 Filling and grading Herbaceous wetland no 5000 feet .05 acres

Total Wetland Impact (acres) .09 acres
3. List the total acreage (estimated) of all existing wetlands on the property: 14 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts., Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, 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.
Page 8 of 13
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainaize. bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resultine from the nroiect:
Stream Impact (acres):
Wetland Impact (acres): .09 acres
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) .09 acres
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
Page 9 of 13
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. The turn-around has been sited
to avoid impacts to the greatest extent possible. As re wired by New Hanover County, it will
provide a turn-around for emergency vehicles It will also serve to provide access to a small lot
on the southern parcel which could be occupied by a single-family structure. The turn-around is
located in the only area bordering the proposed residential development that does not contain
extensive wetlands. The size of the turn-around was minimized but is required to accommodate a
fire truck. The remaining forested land containing wetlands and ditches (Relatively Permanent
Waters) will remain undisturbed. The multifamily development has been primarily located on the
cleared upland parcel with only minor drainage ditch impacts necessary for the turn-around
construction and extension of utility lines to an adjoining _property. The installation of a culvert
in the ditch will maintain hydrology in the drainage ditch The wetland impacts proposed will be
temporary. During construction the disturbed areas will be protected with check dams and silt
fence and will be seeded and mulched as soon as construction is complete The grading and
filling of the small wetland along the access road is necessary for construction of the road
building number 1, stormwater pond and clubhouse access. Erosion control measures will be
installed throughout the project site prior to construction and will not be removed until
vegetation is established. Erosion control details are shown on Sheet 15
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
Page 10 of 13
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
htlp://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
8.50 acres of wetlands on the southern parcel (including the 8.32 acre conservation area
required by New Hanover County will be protected in perpetuity by a deed restriction
recorded in the New Hanover County Register of Deeds Biltmark Builders will submit the
proposed deed restriction to the US Army Corps of Engineers for approval within 30 days of
permit approval, and prior to the sale or conveyance of any property within the subdivision
A copy of the final deed restriction will be forwarded to the US Army Corps of Engineers
within 15 days of recording at New Hanover County Register of Deeds
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] 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 htty://h2o.enr.state.nc.us/wr2/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 11 of 13
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or. 0244, or .0260.
Page 12 of 13
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. A copy of Stormwater Permit No. SW8 001230
is attached.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater will be disposed of via a municipal sewer forcement installed in an adjacent right-of-
way.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes El No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The completion of this project is not anticipated to result in additional development in the area
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/N ent's Signature Date/
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
APPENDIX B
OWNER AUTHORIZATION
Ms. Jennifer Frye, Project Manager
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
December 17, 2007
Reference: Site Access Authorization from Ms. Susan Fritzen
Myrtle Landing Permitting
Wilmington, New Hanover County North Carolina
Dear Ms. Frye:
As the property owner, I am hereby authorizing you and/or other employees of the U.S. Army
Corps of Engineers (USACE), Wilmington Regulatory Field Office and the North Carolina
Department of Environmental and Natural Resources Division of Water Quality (NC DENR
DWQ) to enter and inspect the above-referenced project site as necessary. I understand that this
site inspection will result in determination of the jurisdictional status of the property's
wetlands/surface waters under the USACE/NC DWQ's Section 404/401 Regulatory Program.
Please contact me if you need additional information.
(Owner Signature) (Print Name) (Date)
-3, G?,?W -
157o A i
l J ? ? rYr?,,?.u C
,2 - yG Z
(Address)
q10- 62-5/-a.377
(Phone No.)
APPENDIX C
DRIVING DIRECTIONS
Driving Directions from 69 Darlington Ave, Wilmington, NC to 7220 Carolina Beach Rd,... Page 1 of 2
Start: 69 Darlington Ave
Wilmington, NC 28403-1343, US
Endo 7220 Carolina Beach Rd
Wilmington, NC 28412-3208, US
Notes:
Only text visible within note field will print.
Directions Distance
Total Est. Time: 19 minutes Total Est. Distance: 12.45 miles
1: Start out going NORTH on DARLINGTON AVE toward US-17 BR / 0.1 miles
MARKET ST.
2: Turn RIGHT onto MARKET ST / US-17 BR. 0.7 miles
3: Turn RIGHT onto S KERR AVE. 1.9 miles
- 4: Turn LEFT onto WRIGHTSVILLE AVE. <0.1 miles
mwt S: Turn RIGHT onto S COLLEGE RD / US-117 S / NC-132 S. Continue to 5.1 miles
l32 follow S COLLEGE RD / NC-132 S.
u71 E: Stay STRAIGHT to go onto US-421 S / CAROLINA BEACH RD.
4'-. 4.3 miles
T: End at 7220 Carolina Beach Rd
Wilmington, NC 28412-3208, US
Total Est. Time: 19 minutes Total Est. Distance: 12.45 miles
APPENDIX D
FIGURES
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ECS Project No. 22-13349A
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ECS Project No. 22-13349A
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APPENDIX E
SIGNED JURISDICTIONAL DETERMINATION
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-00572 County: New Hanover U.S.G.S. Quad: Carolina Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Biltmark Builders, Inc.
Address: Attn: Ms. Susan Fritzen
1510 A South Third Street
Wilmington, NC 28402
Telephone No.:
Property description:
Size (acres) app x. 30 Nearest Town Wilmington
Nearest Waterway UTs to Lords Creek and AIWW River Basin Cape Fear
USGS HUC 03030005 and 03030001 Coordinates N 34.0992 W 77.8934
Location description The parcel is located at 7220 Carolina Beach Road, west of Myrtle Grove Road off Sunrise
Drive, in wetlands adjacent to unnamed tributaries to Lords Creek and the AIWW southeast of Wilmington NC
Indicate Which of the FollowinLy Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered 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 and Section 404 of the Clean Water 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.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetland on your property have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ 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 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
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 Wilmington, NC at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands 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
determination and/or the Corps regulatory program, please contact Jennifer Frye at 910-251-4923.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and is
adiacent to an unnamed tributary to Lords Creek, a tributary to the Cape Fear River a Navigable Water of the United
States; as well as wetlands adiacent to an unnamed tributary to the Atlantic Intracoastal Waterway a Navigable Water
of the U.S. This site also contains waterbodies that exhibit an ordinary high water mark and are tributaries to Lords
Creek or the AIWW. This determination is based on information submitted by ECS Carolinas and site visits by
Jennifer Frye on 10/19/2006 and 8/15/2007.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jennifer Frye, Project Manager,
Wilmington Regulatory Field Office
Post Office Box 1890
Wihington, North Carolina 28402-1890
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 District 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 11/5/2007.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date 09/05/2007
Date 09/05/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit
http://www.saw.usace.anny.mil/WETLANDS/index html to complete the survey online.
Action Id. SAW-2007-00572-065
Copy furnished:
Joanne Steenhuis,DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
C4roiinos LLP, 7211 Odgers Business Park, Suite 201, Wilmington, NC 28411
APPENDIX F
STORMWATER PERMIT
Michael F Easley, Governor
0" G
te William G Ross Jr, Secretary

r
-
i
North Carolina Department of Environment and Natural Resources
5
-., 1 _! L'? .,... ,
Coleen l•I Sullins, Director
Division or Water Quality

November 16, 2007
Mark Maynard, Manager
Myrtle Ventures, LLC
P O. Box 1229
Wilmington, NC 28402
Subject: Stormwater Permit No. SWS 001230 Modification
Myrtle Landing
Low Density Subdivision with a Curb Outlet Swale System
New Hanover County
Dear Mr. Maynard:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Myrtle Landing on November 1, 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 21-11000. We are forwarding Permit No_ SW8 001230 Modification, dated
November 15, 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 sixty (60) days following
receipt of this permit. This request must be in the form of a written petition, conforming to Chapter
1508 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 M.J. Naugle or me at [phone].
rely,
? e3""'-
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/mjn: S:1WQS\STORMWATERiPERMIT1001230mod nov07
cc. Richard A. Moore, PE, McKim & Creed, P.A.
New Hanover County Inspections
NCDOT District Engineer
City of Wilmington Development Services
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office
Central Files
M.,1. Naugle No"Caml'na
alJ<rnfJj

Noma Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington. NC 28405 Phone [phone]
Wilmington Regional Office Internet: k!!!1.!ft?1:!l?ittlrLrl!!5 .l'!'r Pax [phone] Customer Service
1.877.623-6748
An Equal OpporiunitytAffim!alive Action Employer - 50% RecycleM04 Post Consumer Paper
State Stormwater Management Systems
Permit No. SW8 001230 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT WITH A CURB OUTLET SWALE 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
Mark Maynard, Manager and Myrtle Ventures LLC
Myrtle Landing
7220 Myrtle Grove Road, New Hanover County, Wilmington
FOR THE
construction, operation and maintenance of a 25 % low density subdivision with a curb outlet
Swale 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:
i, DESIGN STANDARDS
1. The project is permitted for 2 lots. The north lot is limited to a maximum of 416,245
square feet of built-upon area for multi-family development and the south lot is limited to
a maximum of 20,000 square feet of built-upon area, 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
foot vegetated area shown on the approved plan must be maintained at a minimum of
100 feet 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.
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).
Page 2 of 5
State Stormwater Management Systems
Permit No. SW8 001230 Modification
6.. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
11. SCHEDULE OF COMPLIANCE
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 any built-upon surface, per the approved plans
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.
The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and re-vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader
mechanism.
91 Maintenance of level spreaders.
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 properly 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.
Page 3 of 5
State Stormwater Management Systems
Permit No. SW8 001230 Modification
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 foot from the Mean High Water mark.
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 001230 Modification, 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 North 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 Water Quality.
f. The maximum built-upon area per lot is 416,245 square feet on the north lot and
20,000 square feet on the south lot for a total of 436,245 square feet for this
project. 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 foot 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 foot from the Mean High Water mark.
I. Each designated curb outlet Swale or 100 foot vegetated area shown on the
approved plan must be maintained at a minimum of 100 foot 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.
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.
Page 4 of 5
State Stormwater Management Systems
Permit No. SW8 009230 Modification
111. 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 143-295.6A 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 re-issuance, 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. al.
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 re-issuance 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 Wafter Quality in writing of any name, ownership
or mailing address changes within 30 days.
Permit issued the fifteenth day of November 2007.
NO H CAROLIN NVI MENTAL MANAGEMENT COMMISSION
< zz? -------- ------------
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5
OFFICEUSE ONLY
!5W 6
1111107 Z 000 01 D i}
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
t. GENERAL INFORMATION:
1. Applicant's name (specify the name of the corporation, individual, etc. who owns the project):
Myrtle Ventures LLC
2. Print Owners/Signing Official's name and title (the person legally responsible for• facility and compliance):
Mark Maynard, Manager
3 Mailing Address for person listed in item 2 above:
P.O. Box 1229
City: Wilmington State: North Carolina Zip: 28402
Telephone Number: [phone]
4. Project Name (subdivision, facility, or, establishment name -should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc..):
Myrtle Landing?
5. Location of Project (street address):
7220 Myrtle Grove Road
City: Wilmington County: New Hanover
6. Directions to project (from nearest major inter-section):
Approx 0.6 mi NE on Myrtle Grove Road from US 421 (Carolina Beach Road) - Site on west side of'Myrtle
Grove.
7. Latitude: 34°05' 37"
Longitude: 7753' 30" of project
8. Contact person who can answer, questions about the project:
Name: Richard A. Moore, PE Telephone Number: [phone]
11. PERMIT INFORMATION:
1 Specify whether project is (check one): New Renewal X Modification
2. if this application is being submitted as the result ofa renewal or modification to an existing permit, list
the existing permit number SW8001230 and its issue date (if known)
Donn: SW L)-101 Version 3 .99 Page I of4
3. Specify the type of project (check one):
® Low Density ? High Density ? Redevelop ? General Permit ? Other
4. Additional Project Requirements (check applicable blanks):
Q CAMA Major ED Sediment/Erosion Control ? 4041401 Permit ? NPDES Stone water
Information on required state permits can be obtained by contacting the Customer Service Center
at I-877-623-6748,
III. PROJECT INFORMATION
I , In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Low Density with ribbon curb & roadside ditches. Constructed wetlands, level spreaders & vegetated filters are
also provided. See attached narrative for additional detail.
2. Stormwater runoff: from this project drains to the Cape Fear River basin.
3, Total Project Area: 55.59 acres
5. How many drainage areas does the project have?
4. Project Built Upon Area: 18.02 %
6, Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below..
:-Basra Information>.;,'-; 777--.
:`Drama a Aieaa.:
Receiving Stream Name Masonboro Sound ORW Area
Receiving Stream Class SA-ORW above CAMA line
Drainage Area 2,296 083 SF
Existing Im ervious* Area 0
Proposed Impervious* Area 436,245 SF
% Irri ervious* Area (total) 19.00%
`irii° ious* Surface'Area:<;:`:' °='Drama e`Area
On-site Lot 20,000 SF
On-site Buildings / Driveways 217,579 SF
On-site Street 117,244 SF
On-site Sidewalks 14,073 SF
Other on-site (Amenity) 5,349 SF
Other on-site (Future) 62,000 SF
Off site 0
Total: 436,245 SF
Who '1Z M i t,c-
Aa F02. rrle 11AO TIS
* impervious area is defined as the built upon area including, but not limited to, buildings, roads,
pat khig areas, sideivalks, gravel areas, etc
7. How was the off-site impervious area listed derived? NIA
Form: SWU-101 Version 3.99 Page 2 of 4 Nov 16 2007
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 sate of any lot. If tot 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.
1. The,following covenants are intended to ensure ongoing compliance with state management permit
number as issued by the Division of Water Ouality
These covenants my not be changed or deleted without the consent of the State.
1.. No more than (See Attached) square feet of any lot shall be covered by structures or impervious
materials. Impervious materials include asphalt, gravel, concrete, brick stone, slate or sinular
material but do not include wood decking or° the water sur face of'swinnning pools.
3. Sivales shall not be filled in, piped, or, altered except as necessary to provide driveivay crossings
4. Built-r+pon area in excess of the permitted amount requires a state stomwater management permit
modification priol" to construction.
5. All pern fitted natoff front out parcels orfulure development shall be directed into the permitted
stornnvater control .system. These connections to the stormwater contral.systern shall be performed
in a manner that maintains the integrity and per forntance of the system as penmitted.
By your, signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable item 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 pen-nit supplement form (s) listed below must be submitted for each
BMP specified for this project, Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Form SWU-103
Form, SWU-104
Form SW-105
Form SWU-106
Fonn SWU-107
Fonn SWU-108
Fonn 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
Fonn: SWU-101 Version 3.99 Page 3 of4
IV. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Qualify (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item..
initials
• Original and one coov of the Stormwater Manaaement Permit Anulication Form
a One copv of the applicable Sunulement Form(s) for each BMP ° ?°-'.O J
a Permit application processing fee of $4.20 (vavable to NCDENR)
o Detailed narrative description of stormwater treatment/management:
Two copies ofolans and specifications. including:
- Development/Project name
- Engineer and firm
. Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with 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 delineated
- Vegetated buffers (where required)
VI. AGENT AUTHORIZATION
If you swish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section:
Designated agent (individual or firm): McKim & Creed, P.A. (Richard A. Moore, PE)
Mailing Address: 243 N. Front Street
City: Wilmington State: NC
Zip: 28401
Phone: [phone] Fax: [phone]
VIL APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Mark Maynard
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 covenants will be recorded, and that the pr osed project complies with the requirements of 15A NCAC
2H. 1000.
Signature: Date: (11110-7 NOV 0 1 2007
P-rm, 4Z1E/T 1-1(11 AIorc;nr+ 't 00 Aane+ d of d BY.
Pen-nit No. ?VbOOIZ30MOD
(to be provided by DTVQ)
State of'North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER. MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form nray be photocopied for xse as an original
A low-density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low destiny projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low-density requirements and density factors can be
found in 15A NCAC 2H..1005 through .1002.
1. PROJECT INFORMATION
Project Name: Myrtle Landing
Contact Person: Richard A. Moore, PE Phone Number,: . [phone]
Number of Lots: N/A Allowable Built Upon Area Per Lot's: N/A
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot, The attachment must include the project name, phase, page numbers, and provide area subtotals and
totals.
IL BUILT UPON AREA
See the Stormwater Management Pen-nit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculations 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.
DF Density Factor - the appropriate percent built upon area dived by 100,
• RA Road Area - the total impervious surface occupied by roadways.
OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
e 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
surfaces located between the front lot line and the edge of.'pavement. 51
PIOV G - 2007
Form: SWU-104 Rev, 3.99 Page I oft
(SA x DF) - RA -- OA = BUA
No.. Lots Lots
rnlrrnlatinn-
2,421,323 SF (Total Site Area) -125,240 SF (Wetlands over 25%) = 2,296,083 SF (Total Project Area)
2,296,083 x 0,25 = 574,021 SF
-117,244 (Roadways)
-41,689 (Driveways)
-14,073 (Sidewalks)
-5,349 (Amenity)
-62,000 (future)
Total Allowable (Buildings, Lots) = 333,666 SF
Quads =171,870 SF
Tri-Plex = 4,020 SF
Single Family Residential = 20,000 SF
Total Proposed (Buildings, Lots) =196,.340 SF
111. 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 in the Storrnwater Management
Permit Application Form, the agent may initial below.
Appl' is Initials
a, A 30-foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant, A copy of the recorded document shall be provided by DWQ within 30 days of
platting and prior to sale of any lots.,
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low destiny requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form: SWU-104 Rev 3.99 Page 2 of 2
In accordance with Title 15 NCAC 21-1.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for Low Density Residential Subdivisions where lots
will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built-upon" area consistent with the applicable regulation governing the density
level.
I, f 144'c ?T y?c..s .;`.rte acknowledge and affirm by my signature below, that I will cause the
following deed restrictions and protective covenants to be recorded for the estate lot on the South tract of
Myrtle Landing Subdivision prior to the sale of the lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number!5W 8 00 M ? Oac i issued by the Division of Water Quality under
NCAC 211.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit,.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved. plan may not take place without the
concurrence of the Division of Water Quality
& The maximum allowable built-upon area is 2l qubm 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, and coquina, but does not
include raised, open wood decking, or the water surface of swimming pools.
7.. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built-upon area for that lot than is shown herein, the
governing maximum built-upon area for that lot shall be the most restrictive of the two.
8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.,
9. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30' from he mean high watermark of surface waters.
r
Signatur Dater'-< - 10 1 'V
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1, Z, i. a Notary Public in the
State of County of it r?
do hereby certify that l? 1 r U I k' ? ? f I personally appeared
before me this the I _ day of 20 (,!-7 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
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signature Qr? -•'?.
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