20061327 Ver 2_More Info Received_20080506

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May 1, 2008
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Joanne Steenhuis
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NCDENR Division of Water Quality Wetlands
401 Water Quality Certification Unit
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
RE: DWQ Project # 061327 V2
New Hanover County
Watermark Landing Subdivision
Dear Ms. Steenhuis,
M&C 4289-0006 (40)
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In response to your letter, dated April 17, 2008, we offer the following:
The subdivision drawing shown in the CAMA Express application is NOT
consistent with the previously issued 401 certification by the Division of
Water Quality (DWQ). Please include label all wetland impacts (only one
impact was indicted and three impacts are shown on the drawing). Please
label each impact and indicate amount of impact in square feet and acres. The
original certification states that "if you change your project, you must notify
us and you may be required to send us a new application." Since this project
is being done under the CAMA Express review and you have changed the
footprint of the wetland impacts, you will be required to fill out a 401 Pre-
construction (PCN) application and send in the appropriate fees.
Response: Wetland impacts are shown on the attached exhibit 1. The total
impacts are the same as one area had not been "turned on", i.e. shaded. An
updated PCN is also attached, (new owner).
2. On March 16, 2007, the DWQ issued a certification and required that deed
243 North Front Street
notifications or similar mechanisms be placed on the remaining wetlands and
W i l m i n g t o n, NC 2 8 4 0 1 a recorded copy sent to this Office and the Central Office. As of this time, this
Office has not received a recorded copy.
Response: The attached compliance deed notification has been completed.
9 10 .3 4 3. 10 4 8 The recorded HOA version will be provided after final plat recordation.
Fax [phone]
w w w. m c k i m c r e e d. c o m S:\4289\0006\ l0-Comm\050208 Steenhuis NCDENR Response Itr.doc
Joanne Steenhuis
May 1, 2008
Page 2
If you have further questions or comments, please do not hesitate to contact me
at 910-343-1048.
Sincerely,
McKIM & CREED, P.A.
Margaret A. ray, RLA
Sr. Project Manager
/bhc
Enclosures: Exhibit 1
Buffer Compliance From
Mailing Notation: Delivered
cc: Ian McMillan, NCDENR - DWQ, 401 Wetlands Unit, w-enc
Dave Timpy, COE /Wilmington, w-enc
Jason Dail, NCDENR - DCM, w-enc
File, McKim & Creed, P.A. -vv/ enc
S:\4289\0006\10-Comm\050208 Steenhuis NCDENR Response ItrAc'
v?MCIQM&CREED
May 1, 2008
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION
shall be recorded in the New Hanover County Registry prior to the conveyance of lots.
Said Deed. Notification shall apply to Watermark Landing Landing, lots 1 to 48 in New
Hanover County, North Carolina as shown on plans titled Watermark Landing prepared
by McKim & Creed dated March/2008.
"A portion of this lot has been determined to meet the requirements for designation as a
wetland, stream Qr protected stream buffer. Any subsequent fill or alteration of this area
shall conform to the requirements of the state rules adopted by the State of North
Carolina in force at the time of the proposed alteration. The intent of this provision is to
prevent additional wetland,, stream or buffer filling or draining, so the property owner
should not assume that a future application for filling or draining would be approved. The
property owner shall report the name of the subdivision in any application pertaining to
said rules. This 'covenant is intended to ensure continued compliance with all rules
adopted by the State of North Carolina and therefore the State of North Carolina may
enforce benefits. This covenant is to run with the land and shall be binding on all Parties
and all persons claiming under them".
Watermark New H ver Limited Partnership
By: Waternygk Q C, General Partner
Wltermark GYLLG, General
Mark E. Tipton, Manager
May 1, 2008
Address:
8450 Falls of Neuse Rd., Suite 202
Raleigh, NC 27615
(919)-844-9025
AGENT AUTHORIZATION
I, Mark Tipton of Watermark New Hanover, LP hereby grant McKim of Creed, P.A. the right to
represent Watermark New Hanover, LP in matters regarding a CAMA Major submittal for real
property owned by Watermark New Hanover, LP in New Hanover County off River Road (SR
1100 in Wilmington, North Carolina until such time as further notified.
Land Owner: Watermark New
,/2
-- Date-- - ----
Office Use Only' Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter Not Appncawe or . iN/A .)
1. Processing
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:
14
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:
II. Applicant Information g?[Rwf D
1. Owner/Applicant Information
MAY 6 2008
Name: Watermark New Hanover Ltd Partnership pFNR-4WER00ALT`
-? "?2pNCH
Mailing Address: Mark Tipton WFTLANDS AND STOKM"A
8450 Falls of Neuse Road Suite 202
Raleigh NC 27615
Telephone Number: 919-844-9025 Fax Number: 919-844-9027
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Margaret Gray
Company Affiliation: McKim & Creed, PA
Mailing Address: 243 North Front Street
Wilmington NC 28401
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: mgray(ZDmckimcreed.com
Page 5 of 13
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: Watermark Landing
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 20-3796500
4. Location
County: New Hanover Nearest Town: Cape Fear Township
Subdivision name (include phase/lot number): Watermark Landing
Directions to site (include road numbers/names, landmarks, etc.): Carolina Beach Road (US
421) south to Sanders Road (SR 1187). Turn right or west on Sanders Road to River Road.
Turn left or south on River Road. Travel approximately 3.5 miles to the rear entrance of The
Cape. The project is on the west side of River Road, directly across from The Cape.
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°04'33" ON 77°55' 17" °W
6. Property size (acres):
7. Name of nearest receiving body of water: Cape Fear River
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.en.r.state.nc.its/adm.in/maps,.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing site is undeveloped and made up of undisturbed
wetland areas of mature trees with under story gowth. Weeds, plants, and other brush are
present. An existing dirt path is on site from River Road to the Cape Fear River.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
The project is a 48 single family residential development with a clubhouse.
11. Explain the purpose of the proposed work: Roadway and utility construction to facilitate
future 48 single family residential development with clubhouse. Bulkheads will be utilized to
raise the entire site to approximately elevation 10' to be above the 100-yr flood plain with
minimal wetland crossings.
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. NCDENR Stormwater Permit SW8 060630, issued September 12, 2006
New Hanover County Planning Board Approval, issued March 9, 2006
New Hanover County Stormwater Approval, issued October 13, 2006
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future projects are anticipated for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Three crossings of water of the US
404 & 401 wetlands are proposed. The crossings propose permanent impacts in the way_of
fill for road crossings. One crossing will include a culvert for equalization. Utilities will also
be placed underground within the fill crossings to eliminate additional impacts.
Page 7 of 13
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,
cennrntely list imnncts clue to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
W #l Roadway Fill Forested wetland Yes 621 0.0066
W #2 Roadway Fill Forested wetland Yes 621 0.0036
W #3 Roadway Fill Forested wetland Yes 747 0.0250

Note 1 Temporary -Ret. Wall Forested wetland yes 621 0.0007

Total Wetland Impact (acres) 0.0359

3. List the total acreage (estimated) of all existing wetlands on the property: 51.13
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
m,,.ct be inrhuled To calcnlnte acreage- multinlv length X width. then divide by 43.560.
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)

NA
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. drainage. bulkheads. etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

NA
Total Open Water Impact (acres)
Page 8 of 13
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): NA
Wetland Impact (acres): 0.0359
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.0359
Total Stream Impact (linear feet): NA
Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only applies
to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should be
described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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. Roadway wetland crossings
have been avoided and minimized by crossing at the narrowest widths and reducing pavement
sections at the crossing areas. Sub-aqueous utilities will be located within these fill areas to
eliminate additional impacts. Alterative desipans were proposed with final design input from
DWQ to relocate a road crossing,
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.
Page 9 of 13
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncweti ands/strm i,?i de.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide as
much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Excluding the 0.0359 acres of wetlands to be disturbed, the remaining wetlands will remain
at a 1400:1 ratio preserved through a home owners association. The owner has paid into the
NC Ecosystem Enhancement Program.
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 http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): 0.25 acres
Amount of Coastal wetland mitigation requested (acres): NA
Page 10 of 13
? Y
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If
buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi Tiers.
* 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. NA
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
Page 11 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. No existing impervious area. Proposed (4.25 AC)
impervious area versus total acreage on the site (64.62 AC) is 6.58% impervious coverage.
Infiltration trenches will be employed to treat the stormwater. A stormwater permit has been
issued.
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 force main and gravity sewer line to an existing public
wastewater system.
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 E] 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://b.2o.enr.state.nc.us./'ncwetlands. If no, please provide a short narrative description:
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).
Page 12 of 13
Apolicant/Agent Signaire bate '
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
IMPACT #2:155 SF
(0.0036 AC)
/
} PUMP
STATION
RETAINII'V G
/ WALL
/ IMPACT #1: 288 SF (0.0066 AC)
/ PROPOSED CULVERT
/l RETAINING WALL
NOTES:
1. TEMPORARY IMPACTS FOR RETAINING WALL CONSTRUCTION z
1.5' FROM FACE OF RETAINING WALL TOTALING 30 SF (0.0007 AC). LEGEND
2. TOTAL PERMANENT IMPACTS = 0.0352 AC 40' 0 40' 80 - - COASTAL WETLAND LIMIT
TOTAL TEMPORARY IMPACTS = 0.0007 AC 404 WETLAND LTMrT
TOTAL IMPACTS = 0.0359 AC

V
MFf0M&CREEE
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243 North Front Street
Wilmington, North Carolina 28401
Phone: [phone] , Fax: [phone]E

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www.mckimcreed.com
SCALE: 1 =40 (Honz.) . w wETLANos
Watermark Landing OA1L MAY 2008 SCALE
New Hanover County, NC D A;? , 1289-0006 a wwu
NWti'
DESIGNED / ' 40 a
Watermark New Hanover, LP ECS
8450 Falls of Neuse Rd - Suite 202 CHECKED MAC VE E1
PRO., MGR, MAO NA NA
2 Raleigh, NC 27615 Wetland Impacts Exhibit A
S`AT's' Preliminary Design