Loading...
HomeMy WebLinkAbout20080910 Ver 1_401 Application_20080608pp(ied Keoource Management, E.C. 0 8 0 9 1 0 May 29, 2008 NCDENR, DWQ, 401 Wetlands Unit Attn: Ian McMillian 2321 Crabtree Boulevard Raleigh, NC 27604-2260 r' "AI" ?t RE: 401 Certification Mildred Phillips Property 846 Pinnacle Ridge Road Hampstead, Pender County, North Carolina USACE Action ID: SAW-2007-03894-071 Dear Mr. McMillian, Enclosed are two copies of the 404 Wetland Delineation and Nationwide permitting PCN application requested by the USACE, for your review. I have also mailed a copy to Joanne Steenhuis in the Wilmington Regional Office. Enclosed is a check for $240.00 for the 401 Certification fees as directed by Ms. Steenhuis. If you have any questions or need additional information please do not hesitate to contact our office at (910) 270-2919. Sincerely, Ellen F. Corvette, R.S. Project Geologist Enclosures cc: Mildred Phillips, w/o enclosures JUN 3 2008 DENR - WATER QUALM WETLANDS AND STORMWATER BRANCH P.O. Box 882 Hampstead, NC 28443 910.270.2919 FAX 270.2988 Applied Keoource Management, 1?C. April 10, 2008 Attn: Brad Shaver U.S. Army Corps of Engineers Wilmington Regulatory Office P.O. Box 1890 Wilmington, NC 28412. RE: Mildred Phillips Property 846 Pinnacle Parkway Hampstead, Pender County, North Carolina USACE Action ID: SAW-2007-03894-071 08 0910 Dear Mr. Shaver, PAI Mrs. Mildred M. Phillips has authorized and contracted Applied Resource Management, PC, and Ellen Cornette to act as the agent for the completion of the 404 wetland delineation and NW Permitting as required as per your correspondence dated January31, 2008 for the above referenced property. Enclosed are the following for your review: Completed PCN Data Forms - Routine Wetland Determination B-1(Wetland) and B-2 (Upland) Figure 1 Site Vicinity Map Figure 2 Site Plan For Mildred Phillips For 846 Pinnacle Parkway, Hampstead, NC Figure 3 Impact Area Map Figure 4 Wetland Area For Mitigation And Preservation For 846 Pinnacle Parkway, Hampstead, NC Wetland Mitigation Proposal - Prepared By Evans Landscaping & Irrigation, Inc. USACE Correspondence Dated January 31, 2008 Agent Authorization Letter 1 P.O. Box 882 Hampstead, NC 28443 910.270.2919 FAX 270.2988 1 c ' April 10, 2008 If you have any questions, would like to discuss the project site or need any additional information please call me at (910) 270-2919 or (910) 617-1497 or via email at co rn ettefc@ya h o o. co m. Sincerely, r. :Ellen F: Coyne e, R. Project Geologist/Wetland Scientist/Agent Enclosures cc: Ms. Joanne Steinhuis, NCDENR, DWQ, with enclosures Ms. Mildred Phillips, with enclosures 2 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 0 8 0 9 1 0 kit any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: 0 ® 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: NW-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: r T` , ??, 7 Pb) II. Applicant Information RD, - - 1. Owner/Applicant Information JUN 3 2008 Name: Mildred Phillips DENR - `NivER UUAU !'f Mailing Address: 101 Center Drive, Hampstead, NC 28443 WETLANDS AND STORMWATER BRANCH Telephone Number: (910)270-3 63 1 Fax Number: 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: Ellen F. Cornette Company Affiliation: Applied Resource Management, P.C. Mailing Address:_ P.O. Box 882, Hampstead, NC 28443 Telephone Number: (910)270-2919 Fax Number: (910)270-2988 E-mail Address: comettefc@yahoo.com 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 Updated 11/1/2005 Page 1 of 8 and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfages, 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: 846 Pinnacle Parkway 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4204-31-2196-0000/4204-38-3944-000 4. Location County: Pender Nearest Town: Hampstead Subdivision name (include phase/lot number): None Directions to site (include road numbers/names, landmarks, etc.): Hwy. 17N, left on Pinnacle Parkway, ao to white brick house on right with large pond (Refer to Figures 1 & 2). 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): 34.42622 ON 77.65893 °W 6. Property size (acres): 23.72 7. Name of nearest receiving body of water: Virginia Creek >10,000 feet to the East 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.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property is a 23.72 acre tract of undeveloped, livestock pasture and cleared land with a single family dwelling under construction. There are also livestock stables/sheds and smaller out buildings on the site. There is a large pond excavated, with a wetland impact on 0.82 acres, to the SE of the dwelling and in the NW quadrant of the property. A smaller existing, upland pond in the eastern area of the property has been cleaned out for aesthetics purposes. 10. Describe the overall project in detail, including the type of equipment to be used: The -23 acre tract is currently being developed as a single-family dwelling site. The tract, in the future, may be subdivided to provide a second house site for a single-family dwelling unit. Updated 11/1/2005 Page 2 of 8 The proposed work will include the removal of pond spoil from the existing wetland area to the south/southeast of the house site and placing it back into the original area of the pond excavation. Once the fill material is removed from the wetland area the remaining wetland impact will consist of 0.29 acres. The pond sidewall will be sloped from the S/SW edge of the impact area to the NNE. Also, the area of fill material placed to the N and NW of the pond towards the driveway off of Pinnacle Parkway will be removed and the area restored The ditch excavation spoil piles along the NE property boundary will either be removed from areas of 404 wetlands to high ground or placed back into the ditch. Areas where the soils piles have eroded, the soils will be raked to uplands. The cumulative impact of 404 wetlands, upon completing the restoration and repair, will be approximately 0.29 acres Equipment to be utilized in the restoration and creation of the property may consist of the following for driveway preparation (motor graders, excavators rubber tired bulldozer and loader, vibrator and static rollers, pavers, and hauling vehicles) house site development (bush hogs, backhoes, bulldozers, graders and hauling vehicles) and for pond repair and mitigation (graders, excavators, bush hogs, backhoes, bulldozers and hauling vehicles) 11. Explain the purpose of the proposed work: The purpose of the proposed work is to remove the pond spoil and ditch spoil from the existing wetland areas (Refer to Figure 3) to the south/southeast of the house site and to the north/northeast respectively. Repair and restore areas impacted as per the Wetlands Mitigation Proposal (Refer to Attachment) prepared by Brian Evans of Evans Landscaping & Irrigation dated April 3 2007 The impact of 404 wetlands, upon completing the restoration and repair, will be reduced from 0.82 acres to approximately 0.29 acres 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. This permit is an after the fact PCN for a NW-29 request based on a site visit by the Wilmington Regional Office if the USACE on October 30, 2007 and November 21, 2007. USCAE Action ID: Number SAW-2007-03894-071. Correspondence enclosed V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no additional future impacts known at this time. Updated 11/1/2005 Page 3 of 8 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: The area will be backfilled with soil to complete the embankment for the pond area that has been excavated as an aesthetic pond that has been constructed on the site. See Figure 3 for impact area 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 tine to tenth ctnirtnre nnrl flnnrlina Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Flood lain Stream (acres) (yes/no) linear feet) Area 1 Fill/excavation Carolina Bay No 0.29 Total Wetland Impact (acres) 0.29 -1. List the total acreage ?esttmatea) or all existing wetlands on the property: 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 cnlrnlnte nrrenaA miiltinly lPnath X .xrirlth then A;-;A- 1- n2 ZAn Stream Impact Perennial o or Average Impact Area of Number Stream Name Type of Impact Intermittentr Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) NA NA NA NA NA NA NA Total Stream Impact (by length and acreage) ittutvtuuany 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, dredizina. flooding. drainage- hulkheadc etr. Open Water Impact Site Number Name Wate Type of Impact Type of Waterbody estuary (lake, pond sound bay ?' Area of Impact (indicate on ma) plicablle) e) (if applicable) , , , , ? ocean, etc.) (acres) NA NA NA NA NA Total Open Water Impact (acres) NA Updated 11/1/2005 Page 4 of 8 5. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): NA Wetland Impact (acres): 0.29 Open Water Impact (acres): NA Total Impact to Waters of the U.S. (acres) NA Total Stream Impact (linear feet): NA 6. 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. None to isolated wetlands. 7. 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.): Embankment and excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Aesthetics Current land use in the vicinity of the pond: Residential/undeveloped Size of watershed draining to pond: Expected pond surface area:- 0.2 acres 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. Original impacted area was to be 0.82 acres and mitigation is proposed to a restore 0.53 acres to its original condition with the pond excavation and embankment to encompass 0.29 acres of impact 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 Updated 11/1/2005 Page 5 of 8 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 (see DWQ website for most current version.). 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. Initial mitigation will consist of restoration of impacted wetlands as proposed in section 111. 10. Additional mitigation will be either through preservation of the remaining wetlands on the tract or via the purchase of NCEEP credits for mitigation. Our first option is to go with preservation; however, we would like to leave the option open for the purchase of NCEEP credits. Refer to Figure 4. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.nceep.net/pages/inlieureplace.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): 0.29 Acres Amount of Coastal wetland mitigation requested (acres): NA Updated 11/1/2005 Page 6 of 8 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (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 multipliers. I I Zone Impact q * (emiara f-A Multiplier Required 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. Updated 11/1/2005 Page 7 of 8 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. The site will not require a storm water permit XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The dwelling is permitted through the Pender County Environmental Health Department The septic system is installed. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes ® No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: 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). 10 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 8 of 8 846 Pinnacle Parkway DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project/ Site: 846 Pinnacle Parkway Date: Applicant /Owner: Mildred Phillips, 101 Circle Drive. Wilmington, NC 28443 County: Pender Investigator: Ellen Corvette, Applied Resource Management, P.C. State: NC P.O. Box 882 Hampstead, NC 28443 Do normal circumstances exist on the site? Yes X No Community ID: Wetland Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: B-1 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Red Maple (Acer rubrum) Tree (30%) FACW- 9. So. Lady Fern (Athyrium filix femina) Herb (100%) FAC 2. Loblolly Pine (Pinus taeda) Tree (40%) FAC 10. Netted Chain Fern Herb(30%) OBL 3. Loblolly Bay (Gordonia lasianthus) Tree (20%) FACW 11. Greenbriar (smilax) WV (45%) 4. 12. 5. Red Bay (Persea borbonia) Shrub (20%) FACW 13. 6. Bitter Gallberry (Ilex glabra) Shrub (40%) FACW 14. 7. Sweet Pepper Bush (Clethra alniflora) Shrub (20%) FACW 15. 8. Sweet Bay (Magnolia virginica) Shrub (20%) FACW+ 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Primary Indicators: X Aerial Photographs Inundated Other X Saturated in Upper 12" Water Marks No Recorded Data Available Drift Lines Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators: Depth of Surface Water: NA (in.) Oxidized Roots Channels in Upper 12" X Water-Stained Leaves Depth to Free Water in Pit: 10 (in.) Local Soil Survey Data Depth to Saturated Soil: 10 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Page 1 of 2 SOILS 846 Pinnacle Parkway Map Unit Name (Series and Phase): Murville Fine Sand Drainage Class: Very poorly drained Taxonomy (Subgroup): Sandy siliceous thermic Typic HaDlaouod Confirm Mapped Type? Yes _ No X Profile Description: Depth Horizon Matrix Colors (inches) (Munsell Moist) Mottle Colors Mottle Texture, Concretions, (Munsell Moist) Abundance/Contrast Structure, etc. 0-8 10YR2/1 Organic Loam with rubbed fiber 8-14 10YR2/1 Slightly loamy sand L Hydric Soil Indicators: Histosol Concretions Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List _X Reducing Conditions Listed on National Hydric Soils List Gle ed or Low-Chroma Colors Other (Explain in Remarks Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Is the Sampling Point Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No Hydric Soils Present? Yes X No Remarks: This is a wetland Page 2 of 2 846 Pinnacle Parkway DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: 846 Pinnacle Parkway Date: Applicant /Owner: Mildred Phillips, 101 Circle Drive. Wilmington, NC 28443 County: Pender Investigator: Ellen Corvette. Applied Resource Management. P.C. State: NC P.O. Box 882 Hampstead. NC 28443 Do normal circumstances exist on the site? Yes X No Community ID: Upland Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: B-2 (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Loblolly Pine (Pinus taeda) Tree (40%) FAC 9. 2. Turkey Oak (Quercus laevis) Shrub (30%) OBL 10. 3. Bracken Fern (Pteridium aquilinum) Herb (25%) FACU 11. 4. Misc. grasses Herb (75%) Misc. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 40% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Primary Indicators: X Aerial Photographs Inundated Other Saturated in Upper 12" Water Marks No Recorded Data Available Drift Lines Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators: Depth of Surface Water: NA (in.) Oxidized Roots Channels in Upper 12" Water-Stained Leaves Depth to Free Water in Pit: >36 (in.) Local Soil Survey Data Depth to Saturated Soil: >36 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Page 1 of 2 SOILS 846 Pinnacle Parkway Map Unit Name (Series and Phase): Mandarin Fine Sand Drainage Class: Somewhat poorly drained Taxonomy (Subgroup): Sandy siliceous, thermic Oxvaguic Alorthods Confirm Mapped Type? Yes - No X Profile Description: Depth Horizon Matrix Colors Mottle Colors (inches) (Munsell Moist) (Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Structure, etc. 0-2 10YR7/1 White and Gray speckled sand 2-36 10YR6/3-10YR7/1 Granular sand Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gle ed or Low-Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed On Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No X Is the Sampling Point Wetland Hydrology Present? Yes No X Within a Wetland? Yes No X Hydric Soils Present? Yes No X Remarks: This is not a wetland. Page 2 of 2 a Adapted from USGS Topographic Map "Topsail, N.C.," 1970 Contour Interval = 5 Feet ? Site Vicinity Map FIGURE: pplied ReSOUrce Management PG HILL: PO. Box 882, Hampstead, NC 28443 JOB: SCALE: DATE: DRAWN BY: (910) 270-2919 FAX 270-2988 08004 1 "-2,000' 2/15/08 EFC , ?s f R ? W fr \ \\ F X52 \\ \ \ f,E \ n. t }ko rti A v: TITLE' Site Plan For Mildred Phillips For FIGURE; 846 Pinnacle Parkway, Hampstead, NC pplied Resource Management PC Box 882, Hampstead, NC 28443 JOB; SCALE; DATE; DRAWN BY. NOTE: Adapted from survey prepared for Mildred Phillips by John Benson, RLS. 910270-2919FAX 270-2988 08004 V'= 100' 4/10/08 EFC POND AREA AND WETLAND DELINEATION POND AREA AND WETLAND IMPACT AREA - E ;;?KrOA! LINFS - r0 l \ "<'NytyE -._ { t 901 9y '? ?? '1p?an $r'N b?., ??. Pond And a?sr?yyjj? ?? ? ?• , ,° Pond Spoil QV?R??? Overall Pond And qo ?NF q Pond Spoil Wetland kE \?R Impact (0.64 Acres) o ' \ "n•.Wetland Area 1=c.' Ito o tote NA5"153. W ,„Ur?4.?2?Q' '---?.z?•? ^-,...,..- i' 71.14'.. "?, yQ?'.j i X i PROPOSED POND AREA AND WETLAND MITIGATION AREA ' E --., rt(GA(r 7NES tQ ? FpF, E .- ' ?pJE'NP % / h4kA I? w Proposed Pond and Pond Q??RrFR \? ?\ .. y / , er fsE"Spoil Boundary ate, ROgSF ?..F., \ eq°n Wetland Area . ?o/A ' vt rF+sF a. Proposed To Impact ` M (0.29 Acres) j ?y? '? 4\ ????? ",a N 6"15'35•, p5, " 7H(MMS K BROOKS, E NOTE: Adapted from site ;r 481- MAP BOOK25PAGE1 survey prepared by John! Benson, RLS, field ?- measurements using a fr ?' Thales CE Mobile Mapper and --? Area .?, ? review of PC GIS, terrsserver.com, googleearth,com and NCDOT aerial Photos, TITLE: FIGURE: Impact Area Map pplied Resource Management f C --- - P.O. Box 882, Hampstead, NC 28443 JOB: SCALE: DATE; DRAWN BY: (910) 270-2919 FAX 270-2988 08004 1 " - 200' 4/10/08 EFC 3 Areas Proposed To Be Preserved A 4 .. A 'Y NOTE 1: This are not to be preserved; however, restrictions for it to remain in its current state. No filling or excavating; however, grazing and mowing to be allowed. NOTE 2: Strip of higher ground 2-2.5' thick and 0.5-1.5' high along fence line Does not appear to be fill material Low area in pasture compacted and moist due to horse use. f k n ?? x ?o . ° NOTE: Adapted from survey prepared for Mildred Phillips by John Benson, RLS. April 3, 2007 Wetlands Mitigation Proposal Army Corp. of Engineers, Wilmington, NC Reference property: Millie Phillips Pinnacle Road, Hampstead NC Evans Landscaping & Irrigation Inc is proposing the following for said property: Remove vegetation and silt deposited into the wetlands. Establish a silt fence barrier around said and marked wetlands. Wetlands will be cleaned and reshaped to match up with existing wetlands vegetation. The following items are being submitted for said wetlands: 10 - Bald Cypress Trees 10 - NutAll Oak Trees 40 - Pink Muhly Grasses The above stated trees and grasses will be planted in the wetland areas to establish root growth to floor areas. These areas will be protected at all times with silt fencing. Any questions or concerns about said property and scheduled work may be submitted to: Brian Evans, President Evans Landscaping & Irrigation, Inc 3920 Northeast Avenue Castle Hayne, NC 28429 (910) 602-7184 f DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 January 31 2008 Regulatory Division Action ID. SAW-2007-03894-071 Mrs. Mildred M. Phillips 101 Circle Drive Hampstead, North Carolina 28443 Dear Mrs. Phillips: As you are already aware, the U.S. Army Corps of Engineer (Corps) Wilmington Regulatory Field Office have received information regarding the excavation of a pond and a subsequent discharge of fill/excavated material into Section 404 jurisdictional wetlands adjacent to Trumpeters Swamp and other tributaries to the Northeast Cape Fear River. The project area is located at 846 Pinnacle Parkway, west of U.S. Highway 17, northeast of the Town of Hampstead, Pender County, North Carolina. Based upon October 30, 2007 and November 21, 2007 site inspections, the Corps has determined that the land disturbing activities (pond excavation; side-casting of excavated material) at the subject property has impacted approximately 2 acres of jurisdictional wetlands. A review of our files indicates that the Corps of Engineers has not issued a Department of the Army (DA) Permit to you for work of this nature. In this regard, this activity conducted in wetlands of the United States without prior approval from this office in the form of a DA permit, is a violation of Section 301 of the Clean Water Act (33 USC 1311). As such, the Corps is directing you to cease and desist from any further work in Waters of the United States, including wetlands. On December 20, 2007, Mr. Brad Shaver and Ms. Jennifer Frye, both of the Corps met with you, your son Mr. Richard Hatfield, and Ms. Joanne Steenhuis of the North Carolina Division of Water Quality (DWQ). It is our understanding that in an effort to comply, you have agreed to the following: You will contract with a wetland/environmental consultant to perform a jurisdictional delineation, to be verified by the Corps, for the specified project area, which extends from the CP&L Easement westward to the farthest pasture fence and from Pinnacle Parkway northward to the property boundary; April 10, 2008 US Army Corps of Engineers Attn: Brad Shaver Wilmington Field Office P.O. Box 1890 69 Darlington Ave. Wilmington, NC 28402 RE: Agent Authorization Letter 246 Pinnacle Parkway 26.73 Acres Tract A and Tract 2 Pender County Hampstead, North Carolina Dear Mr. Shaver, I, Mrs. Mildred M. Phillips have authorize Applied Resource Management, PC, and Ellen Cornette to act as the agent for the permitting of the above referenced property. If you have any questions please do not hesitate to contact Ellen Cornette at (910) 270- 2919 or me at 270-3631. r Sincerely, Mildred M. Phillips Property Owner