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HomeMy WebLinkAbout20080402 Ver 1_More Info Received_20080605rr?ijv?Q 401 Unit S Atlands ail Service Center Raleigh, NC 27699-1650 June 4, 2008 RE: Cedar Creek Commons in Shallotte, NC To whom it may concern: DS - c) %k u2 Attached you will find seven (7) copies of the wetlands crossing and impact application. To speed the process being this application has already been reviewed and this is simply the requested modifications pursuant to the letter attached from Chad Coburn, I have hand delivered one copy of this application to Chad Coburn in the Wilmington District office. If you have any questions please contact me at the office number below. Please sign below acknowledging receipt of this package: L G Properties Date NCDWQ Rea Broker/ Owner LDG Properties 530 Causeway Dr. Ste T-4 Wrightsville Beach, NC 28480 Mobile: (910) 352-2434 Office: (910)256-9311 Fax: (910)256-9312 Co.Email: david@cfldg.com Date JUN 5 2008 WETLANDS AND STORMWATER BRANCH W A ??qQG r 4 ii -c Michael r laslev, Oovvrnor William G Ross Jr., secrclary North Carohna Department of Pnvironment and Natural Resources Colleen Sullins, Director Division of- water Quaht} April 16, 2008 DWQ Project €€ 08-0402 Brunswick County CERTIFIED MAIL: 7007 0220 0000 8225 0793 RETURN RECEIPT REQUESTED Mr. Derck P. Dunn 5039 Hwv 1 I South P.O. Box 1639 Winterville, NC 25590 Subject Property: Cedar Creek Commons Brunswick County REQUEST FOR MORE INFORMATION Dear Mr. Dunn: R r= rrN r-J E 9 1,? LR 0 W P1.2 JUN 5 2008 DENR - WATER QUAUTY WETLANDS AND STORMWATER BRANCH On March 4, 2008, the Division of Water Quality (DWQ) received your Pre-Construction Notification application to fill or otherwise impact 0.02 acres of 404 Wetland and 100 linear feet of perennial stream to construct a residential subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore unless we receive five copies of the additional information requested below at the DWQ central office, we will have to recommend moving towards denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional infornation. Additional Information Requested: After a site visit by DWQ staff on April 15. 2008, the accuracy of the wetland delineation map provided with the application is in question. Please provide a wetland delineation trap signed and approved by the U.S. Anny Corps of Engineers. 2. Indicate all isolated or non-isolated wetlands, streams.. or other waters of tile State as overlays on the site plan. 3. Please locate any planned sewer lines on the site plan. Respond within 30 calendar days ofthe date of this letter. if we do not receive the above requested information within 30 calendar days of the date of this letter, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. "This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call me at 910-796-7215 or North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Serwcel •877-623-6748 Wdrnngton Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet h2o enrstate ne us lnrFarol/na An Equal OpportunityrAffirrnalive Action Employer - 50°i, Recycled110°i, Post Consumer Paper Nort lih iICdrollin Cedar Creek Commons Bruns»ick Count lan McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Y,4tt/9,t,- Chad Coburn Senior Environmental Specialist cc: Kim Garvey - USAGE Wilmington Field Office lan McMillan - DWQ 401 Oversight and Express Unit David Edmonds - LDG Properties, 530 Causeway Drive, Suite T-4, Wrightsville Beach, NC 28480 Central Hiles WiRO 3500 Gateway Centre Blvd., Suite 200 • Morrisville, NC 27580 • p919.755.5011 • f919.755.1414 June 4, 2008 Jessica Hooten Regulatory Official US Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 0 Reference: Pre-Construction Notification Re-submittal Cedar Creek Commons Residential Subdivision (35 Acre Site) NC Highway 130 Shallotte, NC USACE Action ID No. SAW-2008-280 Dear Ms. Hooten: TrigonlKleinfelder, Inc. (TKI) is pleased to re-submit the Pre-Construction Notification on behalf of the owner, Mr. Derek Dunn and his agent, Mr. David Edmunds of LDG Properties. TKI previously submitted a jurisdictional determination request on January 14, 2008 following a meeting on site with Ms. Kimberly Garvey on November 28, 2007. Comments provide by you in a letter dated May 5 have been addressed and the revisions and/or actions taken to address each comment are described below: Comment No. 1: The proposal has been revised to apply for a NWP 29. The outlet for wet pond no. 2 has been revised to avoid impacts; therefore, a NWP 18 is no longer applicable. Comment No. 2: An overall site plan has been provided (Figure 1.1). Building footprints are shown in lots adjacent to wetlands. The footprint for the sewer pump station is shown on the corner of Collector Road E and Minor Road I. Comment No. 3: The storm water pond outlet has been revised to avoid wetland impacts. Comment No. 4: Wetlands run adjacent to NC 130. There is no alternative for accessing the upland portion of the property than from NC 130. The proposed crossing was located at the existing crossing in an effort to minimize stream and wetland impacts. The road elevation was set to achieve overtopping for the 100 year storm event while maintaining minimum clearance between the proposed culvert and sewer force main. SAW-2008-280 Comment Response June 4, 2008 Comment No. 5: Plan view of wetland impacts are provided in Figure 1.1 and 1.2. A cross section of wetland impacts for the road crossing is shown in Figure 1.2. Cross section of the road at the culvert (culvert elevation view) is shown in Figure 3. Cross section of the culvert (road elevation view) is provided in Figure 2. The culvert is shown to be buried approx. 1.5' and this is labeled in Figure 1.2. Comment No. 6: Language from the USACE Guidance for Restrictive Covenants is included in the document submitted previously under section 36-Conservation Area. Do we need to include a Declaration of Restrictions or record a Conservation Easement? Please clarify. Comment No. 7: As recommended by Kimberly Garvey, the preservation of the wetlands on-site is proposed. The ratio of wetlands on-site and wetland impacts is over 20:1. The Declaration of Covenants that includes preservation of wetlands is attached. Please see the attached information for the referenced project. If you have any questions, please do not hesitate to call or email. Sincerely, Jinn F. Oglesby, P.E. Group Manager Civil Design Services jo 71g esbynkleinfelder.com Office Use Only: Form Version March 05 USACE Action ID No. SAW - 2008 - 280 DWQ No. o s - D Lvo (If 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: Nationwide Permit 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 1. Owner/Applicant Information JUN 5 ?nu Name: Mr. Derek P. Dunn Mailing Address: 5039 Hwy 11 South DENR - WAI ER LPJkj I Y ?aa6s? WOWDS P.O. Box 1639 Winterville, North Carolina 28590 Telephone Number: 252.756.5886 Fax Number: E-mail Address: ddunn@dpdecc.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: Mr. David Edmonds, Jr. Company Affiliation: LDG Properties Mailing Address: 530 Causeway Dr. Ste T-4 Wrightsville Beach, North Carolina 28480 Telephone Number: 910.256.9311 Fax Number: 910.344.0173 E-mail Address: david@cfldjz.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: Cedar Creek Commons 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Parcel Nos. 1980005901, 1990000101, 1990000102. and 1990000103 4. Location County: Brunswick Nearest Town: Shallotte Subdivision name (include phase/lot number): Cedar Creek Commons Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take US-17 South. Turn left at Red Bug Road SW. Turn left at NC-130 (Holden Beach Road). Turn left at Car-Griff Road SW. 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): 33.9769 ON 78.3378 °W 6. Property size (acres): 35.4 7. Name of nearest receiving body of water: Sharron Creek 8. River Basin: Lumber (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 site is currently vacant of any structures and consists of trees greater than 6-8 inches in diameter. Land use in the vicinity of the site includes a church, commercial properties, residential properties, and undeveloped properties. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Development of the site will include subdividing the parcels into 94 lots for single family structures and 8 multifamily structures with associated access roads and parking areas. The existing stream crossing will be widened to accommodate two-way traffic. Grading and utility construction will include the use of bulldozers, loaders, dump trucks, and backhoes or truckhoes. As described in the attached letter dated January 21, 2008, the main entry road has a stub out for connection to the adjacent development (Sea Wynde Plantation). No wetlands are located on the adjacent property where the two roads are to be constructed. 11. Explain the purpose of the proposed work: To provide access to upland portions of the property. The southwestern portion of the property, adjacent to NC Hwy 130, is bordered by wetlands with no alternate access. The stream crossing has been located at the most narrow portion of the wetlands. 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. No permits have previously been requested for this project. A request for a jurisdictional determination was submitted to the USACE on August 31, 2007 and a site visit with Ms. Kimberly Garvey was completed on November 28, 2007. An updated survey drawing and JD submittal was forwarded on January 14, 2008 (USACE Action ID No. SAW - 2008 - 280). A copy of the survey plat prepared by James Lewis of Murphy Geomatics is attached (Wetland Plat, Cedar Creek Estates, Brunswick County, NC, December 2007). The PCN form was submitted to Ms. Kimberly Garvey, USACE Wilmington District on February 28, 2008. The modified PCN form is being resubmitted with corrections in response to the remarks provided by Ms. Jessica Hooten in a memo dated May 5, 2008. 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 permit requests are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, Page 7 of 13 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: Proposed impacts will include filling portions of the wetlands to widen the access drive from NC Hwy 130 and construct the pump station and access road. Stream impacts are also proposed to replace the existing culvert under the access drive. A proposed temporary impact will include filling a portion of the stream for an impervious dike during construction. NC Hwy 130 is the only public access to the property. The southwestern portion of the property, adjacent to NC Hwy 130, is bordered by wetlands with no alternate access. The existing access drive will be improved instead of being relocated in order to minimize the wetlands and stream impacts. No utility impacts are planned outside the footprint of the stream/wetlands road crossing. 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 floodinL-. Wetland Impact Type of Wetland Located within Distance to Area of Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (es/no) (linear feet) I Fill Forested No 170 0.009 2 Fill Forested No 0 0.18 3 Fill Herbaceous No 0 0.09 Total Wetland Impact (acres) 0.28 3. List the total acreage (estimated) of all existing wetlands on the property: 6.30 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. Stream Impact Average Impact Area of Number Stream Name Type of Impact Perennial Stream Width Length Impact (indicate on map) ? Intermittent? Before Impact (linear feet) (acres) 1 Sharron Creek Culvert Perennial 5 It 53 0.006 2 Sharron Creek Culvert Perennial 5 ft 27 0.003 3 Sharron Creek Impervious Dike - Perennial 5 ft 10 0.001 Temporary Total Stream Impact (by length and acreage) 90 0.01 Page 8 of 13 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 Site Number (indicate on map) Name Waterb applicable) ody (if ap Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) 0.0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.01 Wetland Impact (acres): 0.28 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.29 Total Stream Impact (linear feet): 90 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 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 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): local stormwater requirement Current land use in the vicinity of the pond: undeveloped Size of watershed draining to pond: Pond No. 1: 13.97 acres, Pond No. 2: 9.00 acres Expected pond surface area: Pond No. 1: 22,629 ft2, Pond No. 2: 13,937 ftz 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 Page 9 of 13 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 property is only accessible from NC Hwy 130. Wetlands are adjacent to the entire length of the roadway frontage. In order to minimize impacts to the wetlands, the existing stream crossing will be widened at the narrowest location. The elevation of the roadway is designed based on the 100-year water surface elevation and minimum cover requirements for utilities and storm drainage pipes over the proposed 96" culvert. The width of the road was determined based on the minimum width for entrance roads as specified by NCDOT standards. The Town of Shallotte also requires sidewalks. Therefore, the 100-foot roadway crossing is needed to satisfy these requirements and provide a stable roadway embankment. The stormwater pond was reconfigured to eliminate the wetland impact shown on the previous PCN submittal. Construction should take place during dryer periods, the construction sequencing is summarized on Figure 3. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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. Page 10 of 13 As recommended by Ms. Kimberly Garvey during the November 2007 site visit, full preservation of wetlands and waters on-site is proposed. The ratio between preserved wetlands (6.02 acres) and proposed wetlands impacts (0.28 acres) is greater than 20:1. The proposed Declaration of Covenants, Conditions, and Restrictions of Cedar Creek Commons Subdivision and the Articles of Incorporation of Cedar Creek Commons Owners Association, Inc. are attached. 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://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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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. Page 11 of 13 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213 .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 2 Total N/A * 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 within 15A NCAC 2B .0242 or .0244, or .0260. N/A 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 total acreage of the site is 35.4 acres. The existing _property is undeveloped with no impervious surfaces. The proposed impervious areas were determined by measuring the areas of the proposed streets, sidewalks, driveways, and buildings. The areas were then summarized based on the two wet pond drainage areas. For Pond No. 1, the buildings (3.9 acres), roads and parking (2.8 acres), and other areas (0.3 acres) combine for a total of 7.0 acres of impervious area. For Pond No. 2, the buildings (3.4 acres), roads and parking (1.4 acres), and other areas (0.4 acres) combine for a total of 5.2 acres of impervious area. The Pond No. 1 and Pond No. 2 areas then combine for a total of 12.2 acres of proposed impervious area for the site. This equals 34 percent of the total site area. Two wet ponds are proposed to protect surface waters and wetlands downstream from the property. 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. Sewage will be collected via gravity sewer and will flow to a local numn station on site. Raw sewage will then be pumped through a force main along NC-130 to a regional pump station located at the intersection of Red Bug Road and eventually to the Town of Shallotte's treatment facility. as identified Page 12 of 13 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 ham://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The development is a residential subdivision which is not anticipated to bring additional development to the community. 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). It would greatly reduce the risk for surface water impacts to complete site grading this calendar year during drought conditions. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 r \, A 1 WFLAN-) SUMMA3Y: TOTAL ACRES p EXISTING WETLANDS 274,423 SF (6.30 AC) PROPOSED IMPACTS 11,936 SF (0.27 AC) WETLANDS PRESERVE) 262,487 SF (6,03 AC) clz? O O 1 BLDG (T-P) ?CONS-RUCTION ?T r m °' J a O L'.MITS a O' ? P „ ` lY 00 f PRESERVED WETLANDS (54,039 SF) ¦ (`.24 AC) ° EXISTiVG ` v WETLANDS (54,039 SF) (1.24 AC) WET POND WET POND ?B1DO \ _... EILl1N IMPACT 1 (STING, WET _. -?(490.SF, ?: (136 322 SF) (0.009 AC)' (3 1 x AC) . EXII$ NDES r .. _. O CONSTR<iCT QN WEILANDG LIMITS. ? .i (84,062 SF), l AC) PRESERVED 4Iy V3 GRAPHIC SCALE '0v 0 PRESERVED ETLANO IMPACT ?f WETLANDS 200 0 200 400 WETLANDS Nti (3,905 S? (80,009.49 SF) (121,699.9 SF) ! (,09 AC (1.83 AC) ?? - (2.79 AC) ----------- AEI1.AND 14PACT #2 ' FIGURE 1.1 (7,63`? SF) OVERAI.I,SITE LAYOTIT / . (o.,da AC) WETLAND PRESERVATION j CEDAR CREEK COMMONS V+` / r TA?V StALLO.1-I-E, NORTII CAROLINA + /1200 m trm m?i auyv,r Dctr.534:V78 Scle?f :155 vro?cy WMg+mmwu OrewiBy.NO a; nNaW6J6= {yo PROPOSED +G} BLDG I ` / `PUMP J 2 ? ? ?? ? fl STATI r / /` y WETLAND IMPACT #IJ l / (.400 SF) wow (0.009 AC) WET DETENTION POND CONSTRUCTION No. 2 'CONSTR'ICTION CONS CONS LIMTS LIMITS -STREAM IMPACT- $1 i? j"'? (53 LF) 1, PROPOSE6 96° CORR. ALUMINUM PIKE ?' ?. .?.._ (INVERT BJRIED 1.5') f? IMPERVIOUS DIKE STREAM IMPACTS 'y WETLAND IMPACT #2 - TAE,. 10 LF) (7,631 SF) STREAM IMPACT #21, (0.18, AC) (27 LF) - EXISTING 72" CORR. STEEL PIPE` CONSTRUCTION- A (TO BE REMOVED) ?? .._. "/ LIMITS EX S NG WETLANDS 1NE"LAND IMPACT #3 (89,062 5 (3,905, SF) (1.93 AC) / O.G9 AC) , L CONSTRUCTION LIMITS - ----`?'!_- -- -- aooc•oa c --? sa+K??"1^" GRAPHIC SCALE caf?+crtorn 50 0 50 100 , l FIGURE 1.1 WETLAND IMPACTS CEDAR CREEK Co17NIONS ? V SHAI,I.OTTF,, NORTH CAROLINA r _??? 17WM.S1X06t1@f, WIR IdO C3Y'S??TY9 SI910, 1'•SV en??.c.rn:Sc C?OV A ?._ 1?TSl -gllml PI1pYlplT, sn-tole rpb®`0 in-0o1f D_ By 1F4 P,oim: No. 038-C,&= PVI STA e 13+00 PM ELEVI= 20.00 LOW POINT ELEV = 18.68 A:D. 2,02 LOW POINT STA = 15+19.12 K = 49.39 PVI S-A 15-24 OVI ELEV = 18.50 UJ' vc A.D. = 1.48 K = 67.38 inn' vr n M o n rF71VISHED GRADE f W f a M r, j + a 1+ 01 ,? ao In ui u W ' CC CULVERt N w \ 1 : STA. 13+98 ROAD E" Z Existing Ground Along Centr6ne 50 YR WSFL 17.5' - SAN/TARP SENIER `FORCE MAIN' r . `10 YR W5EL 13.4' 0 - ?- Exlstin Existing i 9 Grode Right Grade Left I ?1M? = 6.85 11+GQ 12+00 13100 RECOMMENDED STRUCTURE: 1 ® 96" CORR. ALUMINUM PIPE DRAINAGE AREA: 368 AC (0.575 SQ. MI,) STREAM: S-ARON CREEK (USGS QUADMAP) CLASSGICATION: C:SW RIVER BASIN LUMBER SUB BASIN: SHALLOTTE RIVER EXISTING STRUCTURE: 72" CORR. STEEL PIPE DOWNSTREAM STRUCTURE: 2 ® 78" CORR. STEEL PIPE UNDE R NC HWY 130 UPSTREAM STRUCTURE: N/A HYDROLOGIC METHOD: NCDOT HYDRAULIC DESIGN CHAR- C200.1 + 0200.3 HYDRAULIC DESIGN MET-100: FHWA HOS-5 14+00 15+00 d ? ? m n rn a s o,'o 16+DO 17+00 '8+0C GRAPHIC SCALE 50 0 50 100 !T FIGURE 2 CULVERT SECTION ROAD PROFILE CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA DN9: 6.30.2008 HP'96ng1'==A Im N, 9110 zmaT, 6UR IN Vet Scd9" I"=5' 9,O..NwT0N, N69N01 ,w n101mA w 9w1 191 01112 6610 D:wnBy 1f0 PI01td N6: C,3606032 5 Rt;AM tiPh PRQIEy^(I?N FT CL,VERf M LE- _ STA. t3+98 ROAD E" 1®96" CAPIPE SXfY/=65' 20 3:1? NORMAL TOOL 15 NATU,4AL GROUND TOP OF BANK ALONG CULVERT I - STS?EAM 8ED ?._.._ - --TJ -- - ---- --- - --? -- - 0.003 ft/ftL - 5 INV ® = 6.85 50' 50' --, 0 GRADE 1 NORMAL TO Q, 50 YEAR WSfL = 776' Q 15 YEAR WSEL t4.9' Q 10 YEAR W'SEL = IJ.4' -Existing 72" CMP IMPERV,C-5 DIKE (TEMP.) SANC BAGS OR CLAY SOIL O O O O O ?D :0',. O G PI: m o d o ri m m o o- ------ - ------ f 5+CO 6+00 7+00 8+00 9.00 RECCMMENDED STRUCTURE: 1 0 96" CORR. ALUMINUM PIPE DRAINAGE AREA: 368 AC (0.575 SO. MI,) STREAM: SHARON CREEK (USGS QUADMAP) CLASSIFICATION: C;SW RIVER BASIN: LUMBER SU3 BASIN: SHALLOTTE RIVER EXISTING STRUCTURE: 72" CORR. STEEL PIPE DOWNSTREAM STRUCTDRE: 2 0 78" CORR. STEEL PIPE UNDER NC HWY 130 UPSTREAM STRUCTURE: N/A HYDROLOGIC METHCD: NCDOT HYDRAULIC DESIGN CRAB" 0200.1 + C220..3 HYDRAULIC DESIGN METFOD: F-iWA HDS-5 CONSTRoCTION SEOUFNCF 1. OBTAIN ALL APPL'CA.BLE PERMITS. 2. INSTALL. PFRIMETFR EROSION CONTROL MEASURES, INCLUDING BJT NOT LIMITED TO SILT FENCE AND SEDIMENT TRAPS LOCATED BETWEEN STA 10+C0 AND 15+00 (ROAD "E"). 3. INSTAL- PUMP-AROUND OPERATION W17H SILT RAG AT HOSE OUTLET SILT BAG SHALL 3E PLACED OUTSIDE OF WFTIAN)S AND IN AN AREA PROTECTED 3Y SEDIMENT AND EROSION CONTROL DLVICES. 4. CONSTRUCT IMPERVOUS DIKE UPSTREAM FROM EXISTING PIPE. DIKF CAN BE SAND BAGS OR MPERVIOUS SOIL MATERIAL. 5. REMOVE EXISTING PIPE. 6. INSTALL NEW PIPE TO ELEVATIONS AND LOCATON SHOWN ON PLAN AND PROFILE. 7. PIPE SUBGRADE AND BEDDING MATERIAL SHALL MEET NCDOT SPECIFICATIONS. 8. CHECK ALL SI'-T FENCE TO ENSURE PERFORMANCE. 9. BEGIN BACK-FILING OF PIPE AND ROAD GRADING. 10. REMOVE PUMP-AROUND AND AS GRADING OF ROADWAY EMEIANKMENT BEGINS. 11. RESTORE STRt7AM BED TO PRE-CCNSTRUCTICN CONDITIONS UPON REMOVAL OF MPERVIOUS DIKE. SITE DATA TABLE NWm: rAdu dml rANOn m nrrIONIP?b LaADL N906rOC (AMY. XC IDYL IDYArC > Ap M 1?9eaa?io,o4?r nWIIA, ,a.n w i IDOaJ1p1? pl/p0 iIN/4p13 SDk e ,MYMYMp3 pl/?O IIMAp,3 AN AC ,r9oooRYx [/PO u9yWU ,la, /a NYW ArpIYM10! 1 D-11 MANY NC 4D ME9 - mM11CIL 1`lY[rLY 2Y® 1!-H RCOIrC A r4 NN D.9 /Lra• - [Wk1Yw (If-II/iq PRAY! ?p?r/ Lw gtyw,@ Y1L LR MPTIi - rC (Yi-Ilnlm PrwApl Yw rot nMwa alra - r S Nw AV DM1wM - 90 pa3-a? Lm . w Nt r/ri un NcDY[ . a rr nnxr ve [rw- ai' IAN a rxo [INa - ,r a a ,eT ulLmN mo uR Ix art arvo anar-Yana mmN mo Im Irf uW r [u YAO smw . >p YNONY K." XE00 • 10 pNrNY 1 OWO/NPNN, 19Yr Nomlr ur[ p . 191ML l R p Gl p l 66 ID WI r[ a l p • ]/ IM! 1 IMIY?[ >QINY puma .gum w,N,u um NNNr@ ID iN® N pYl Ui (I N NW1AY. I M rY,wq ` ? w ,Mpll rANP mDrwrm mN zoo" 4 !w9/1N i p NYaY NC1 A?1N9aa¢ ff>» 2a-M. Naum mipralmWN,mWN•n pY[N 14?fY°ra cw--,./m O 11 NOD mm: M4 N99m • M6 u9N MNMIA (yrjpm°Ypr3?%T%T?r PGWIN IDs a w Mw • ID ND as ,1a [a.m p? n, a [oNYDWr4 • , DADA NIOICm. lYfllLr Ntl1 aaad [Nma 16fA1DrL iA'L . ISp w plr!NN >h w (1114 ?? 11 MJp? ?N NpIiM 19.Y0. NC Dlpl M (NO)161NN w p,o1 M-Ir11 a,94Y! - OTM y1400p M'. p10)aG-Wpr mD iW (IID) rM- pP,mL AM. N N I pN1 S11? M? w (rI011T9-aN .? OpW AYDN1A?a? nrxEOAL air YnTre ,. __? urour A x oFaoxm ral row a wuum wo PruoWOc r wi°OrWannw uo pap wlpA i w°?it?Y mi a MnOXisaL 4[ LA° ''o ?i a tp R 9 ry t p N ,yp i "T 6 ?Iq X?l? nFlllrflm W YIIRim A Mp YpPMMIr IT PAINrlA1Y Mi rYMrtX- / / p, YRIIEf ILL A [ 161N1N N R 1aN 6 911mm rrMNWr YD A M ipW R.NI px wxnp Yo orParNL ru AOL01 t[ Na rpYNIN wrap imrt?r-un , . xrpG34 YLL [ N APl m mrtax for W DINL fl1LY [>mIIIK AN prH,YY Y IIY [a1i0Nrw FRI aN / WL 9L r wa oNlln MANIIO M [ pmm x Atl%mMR wni N[aM / m umw irr 9 rCOUm NN mIIA.Af rlOaLtb1 id PrP9[p m W inr omrPtr3 16 ,aCgMw' LRYDPIIN MO piAMD IMY NaOr OS ,. SwMr LfaWTAlI p01 lAlml I,yNM4?0Ipp1NY1Mp0ty. 1910pppIN, 1160p1p1, Ipreepplpy 1N0Artpl, ?M ? / / &p f0A NM Rarfpm pMMtlt 13 OMMm31DID Ip IIp14r , p? IrIWr W Y9Ni1 i NOlwaw NIYL T?... ,1:,: ?f'• ONIOY A??CNw ?DiX arhxm 11N NIN rtllYMp NlNY x , _???yYLLQ 4 aiO DM Dig- UrTOIIN / / D' uWt NRDI / p N+:% ? NP[ ,wYDDD4 PaYrPn xY ?rrMnlo m : rrMnr / vnr r \I\ `\/ ?` /111••••• V N , b = i rn // I ?, ?.?.??? ?,°°"° I !-.,d.l Bpd:, ?'r,;,s ?••M? P •.'. .'.• ••Pp7.Pr'L'NE1wC • • / 1K ?l? OYIIAFL • I®IrB IY]a9M A F1 /?xr V i • • • • • • ' U z O 8U? W Q U NOT FOR CONSTRUMON N' o N' Ct ,p•/n Noiar pm. ora rlaP Cd YNrm YN![Y TYPICAL ROADWAY SECTION (MINOR ROAD) aNr ? aurnu NaA - Da II !a/sY a0t p16 OR MlP r-a xarot tour TYPICAL ROA?WAY SECTION (C?LLECT?R ROA?) aNr Aro aorta xor A ,cvL PNYPY[D IIA IE PVMRpN -5 DMOEL"EW OmR r0 o MRm ILC?ON! Yr GRAPtIlO zSCALE m mm; rl?? C-3.0 (urm') pre = MAP{iLl?S?, i? Edon '01 <' Mollie U 90 - NORTH JUN .? 200', DS ANb ST r?, r r bRMWATER BRAN" _. V! ar FIGURE 4 REGIONAL VICINITY MAP CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA p or DATE: 5-29-2008 SCALE: AS SHOWN SOURCE: MAPQUEST PROJECT NO: 038-06-032 JUN 5 2(308 DEW(,, - -eJ , MAPQUEST CC?•dp v?? sr SAY bY? a 200 m 600 ft I) 11 ?I "-i S G L' t?Q10 SITE 3 a 13 YN11 w T® 2008 MapOuest Inc. V3 Map data 0 2048 NAV TEOZ orVeh Atlas FIGURE 5 LOCAL VICINITY MAP CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA NORTH CAROLINA DATE: 5-29-2008 SOURCE: MAPQUE.ST SCALE: AS SHOWN PRO.IECT NO: 1178-06-072 p ???U V L`? JU^? ? 2CQ8 SR 11a? N? NDW OR FORMEPIY HFWET U.B. 735. PG. 567 L1Elvr' t';,'.k:?„l vtk?io;•??NCH V&"DS ?W, OR FORMERLv HEWS T D.B. 735. PG. 567 NOW OR FORMERLY ,"al I PGB13484c 3540 ACRES - fi0' CHIP d a &. ?s e NOW OR FORMERLY FLORFNOF HEWETT D.B. 836. PG. fi8< NOW OR FORMFRLv MOOPLL OB.10q. PG. 368 MERLY / NOW OR FOR FDLFORo NOW OR FORMERLY PRUNBWIOB TIMBER. LLC D.B. 16]a, PG. 1376 FIGURE 6 SITE BOUNDARY MAP CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA NORTH DA IT, 5-29-2008 SCALE: I"=400' SOURCE: MURPHY GEOMA'IICS PROJECT NO: 038-06-032 200$ _;: ?AUTY u?,:. WEWDS ANU STpRMWA B FIGURE 7 2004 AERIAL PHOTOGRAPH CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA DATE. 5-29-2008 SCALE: NO SCALE NORTH CAROLINA' SOURCE: BRUNSWICK COUNTY GIS I PROJECTNO: 038-06-032 FIGURE 8 USGS TOPOGRAPHIC MAP CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA DATE: 5-29-2008 SCALE: 1" = 1,515' NORTH CAROIJNAl SOURCE TOPOZONE. 1990110LDI-.N BEACH QUADRANGLE PROJECT NO: 018-06-012 it ?J 4t ` ? b t '?S?l Ui ?1 .f 4; I t r ' H f;i i C ?i Y..SC V j ? ??\? 1 1 1 .v J ?/ ?+y 6 . Y • ku y +r'? ) T .? yay 1 Y 1` p NORTH _I yl /Ffy l?? r 1 - lf:'f ' j . It r? ?an? f r \ C, 7 i FIGURE 9 SOIL SURREY SLAP CEDAR CREEK COMMON'S S1 ALLOTTE_. ' ORTH CAROLIN'A r AiF. 9.-2? 2008 SCALE 1 =2,000' SOlI tZCE: SNEEj 74, USDA Srs SOIL SL?`.'`?OF 9RIIiiS'a'ICK COIJ!dTY PROJECTNC 038-06-032 ?O GJQ \ ?V ?Qa 0 e?O °e FIGURE 10 WETLAND AND STREAM LOCATION MAP CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA DATE: 5-29-2008 1 SCALE: I"=400' NORTH CAROLINAI ' SOURCE: MURPHY GEOMATICS PROJECT NO 038-06-032 ., IQ on _in IN 7A.20-0 W 78-19-30 W Ln N t??l z 0 U? u? m r? z 0 Y m cn z c a a r 1t r r i a-c ? -av . 17 !F Ado PFQiI APPROXIMATE SITE LOCATION PUBHK 21-30 W 78.21-0 W NORTH 78-20-30 W fa-nl-u w ro--- .• FIGURE 11 NATIONAL WETLANDS INVENTORY MAP CEDAR CREEK COMMONS SNALLOTTE, NORTH CAROLINA DATE S-29-2008 SCALE NO SCALE SOURCE CS FISH AtiD R11.DUFF SER\^:CE UTTLASDS OtiLf` F MAPPER PROJECT NO. 038-06-032 e ] J a J NORTH FIGURE 12 FLOODPLAIN MAP CEDAR CREEK COMMONS SHALLOTTE, NORTH CAROLINA DATE 5-29.20(A SCALE. AS SHOW` SOUR( E FENIA'NORTH ("ARDLINA FLOODPI AIN NAPPING PROGRAM PROJECT NO. 638-CK-032 vrw MUM 6 7. Nor A1303 ?a ti QO ??0 'E' Q0 Q0' C2. Q0. a I. JAMES A. LEWIS. PROFESSIONAL LAND SURVEYOR L-4562 CERTIFY THAT THIS MAP WAS DRANK FROM AN ACTUAL FIELD SURVEY PERFORMED UNDER MY DIRECTION AND SUPERVISION. THE ERROR OF CLOSURE CALCULATED BY LATITUDES AND DEPARTURES IS 1/ 10,000+. THE MISCLOSURE RI DISTRIBUTED BY THE CRANDALL METHOD AND THE AREA, IF SHONN, IS CALCULATED BY ELECTRONIC COMPUTER USING DPD METHODS THIS MAP IS PREPARED IN ACCORDANCE IWTH GS 47-30 AS AMENDED. WITNESS MY HAND AND SEAL THIS THE 7th DAY OF JANUARY, 2008. JAM/0 A. LEWIS. PLS L-4562 '&' iE5,4 41 ?;Q4?0 1 r: ?L-4562 g THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBUSHED R EGUUTIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DEUNEA71ON MANUAL. NAME : `7.llllt(w. I"l[YdVh TITLE :..., ,_ DATE : d ?LO? - shw- 2.oo8-oa8o LNLESS THS NAP IS SIB, SEALED AND DATED, THS IS A PRELUNARY PUT, NOT FOR REWRONG, SALES OR CONWYANCE. BEARING 56478'34"W DIST 76' 69 LINE L- 20 BEARING S12'4V51'E DIST 46.11' LINE L- 38 BEARING N80'01`t9'Wl DIST 35.25' LINE L- 54 BEARI NG N, _52 1'W " DIST 53.73' ' N8179'58'W . 73.33' L- 21 S45'02'30'E 42.03' L- 39 N6&10'00'W 67.89' L- 55 NIB-2V59 W ' ' 51.14 ' N8678'41'E 101.23' L- 22 S76'I4'05'E 32.61' L- 40 N7W43'34 W 151.43' L- 56 N2T46 14 E ' 51.58 ' N10'25'50'W 54.22' L- 23 S3116'39'E 57.70' L- 41 N4,T14*26 W 30.86' L- 57 N17OB 4TW ' ' 27.15 ' S77U3'41'W 41.46' L- 24 $40'56'19-W 124.18' L- 42 Ni758'57'E 49.52' L- 58 31 N6218 E ' " 3&05 ' N45'44'34'W 34.88' L- 25 S73MB'37-W 49.56' L- 43 N32'37'08'E 45.56' L- 59 N4804 50 E ' ' 32.65 ' S801 4'36'W 44.24' L- 26 55813'40'6 87.32' L- 44 N3B24'39'E 108.13' L- 60 12 N1577 E 42.86 ' N29'36'56"E 70.21' L- 27 S7815'42W 76.16' L- 45 N73'41'44-E 88.87' L- 61 S67'45'17'E 46.44 N62'21'59•W 27.82' L- 28 N52'41 .40'W 61.95' L- 46 S5425'1 9"E 45.21' L- 62 N11'52'12'E 33.71' ' N83'40'04'W 48.98' L- 29 S65'3917"W 69.68' L- 47 SOT48'151W 41.37' L- 63 N4857'14'W 48.04 ' 58079'56"E 31.67' L- 30 N5711'1 2'W 38.67' L- 48 S6650'09'E 26.10' L- 64 N02O5'35"E ' ' 14.74 ' S8253'52'E 55.09' L- 31 N71"52'42'W 24.26' L- 49 N5F47'59'E 81.61' L- 65 04 S89'27 E 32.66 S89'40'00'E 6&76' L- 32 N3316'5B'W 79.57' L- 50 S71'03'12'E 85.44' L- 66 S5r4S02"E 8.85 ' N61'30'20"E 6&16' L- 33 S80'44'55-W 79.75' L- 51 S86'35'10E 64.01' L- 67 S56V816'E ' 39.84 N72'44'18"E 116.44' L- 34 N61'40'11'W 57.77' L- 52 S84'29'50'E 24.89' L- 88 40'E N4555 43.8T ' N5772'28"E 61.45' L- 35 N75'49'32"E 10.76' L- 69 N12'45'50'E ' • 41.09 ' N1012'31'W 45.68' L- 36 S5372'33E 71.34' L- 70 44 W N2927 ' ' 41181 ' S89'33'1 3'E 45.73' L- 37 S59'SS39'E 41.93' L- 71 42 E N60'AC ' ' 84.14 ' S24"36'02'E 49.18' L- 72 N$O'39 43 E ' 69.26 L- 73 L- A N30'0339 E N30'03'2TE 55.79 55.79' L- 75 N2271'00'E 72.95' a V 2 CENTERLINE s OF STREAM NOW OR FORMERLY FLORENCE HEWE7 1 0.9, 636, PG. 664 1 REFERENCES D.B. 1743, PG. 1179 D.B. 2168, PG. 513 P.B. K, PG. 214 P.B. S, PG. 379 NOW OR FORMERLY HEWETT D.B. 735, PG. 567 VICINITY MAP - NOT TO SCALE TOTAL WETLAND AREA I 26&348 S.F. &16 ACMES TO=AMRS 35.L?T S tlynp si3 ? .A S S• t NOW OR FORMERLY MCCALL D.B. 200, PG. 366 NOW OR FORMERLY BRUNSWICK TIMBER. LLC D.B. 1674, PG. 1326 bn sB 5p fP ? ? ? 56 ? ,5 .)` ''•' '14 896.40' S3T36'15 35'(TTL WETLAND PLAT CEDAR CREEK ESTATES NOW OR FORMERLY BRUNSWICK COUNTY, NORTH CAROLINA / FULFORD DECEMBER 2007; SCALE: t"200' 200' 0 100' 206' 409' I I I _L- - J BAR GRAPHI inch = 200 R. DRAWING FILE NAME: CEDAR-CRK_WET.DWG LINE L- 3 N?SR L- 2 L- 4 L- S L- 6 L- , L- 6 L- 9 L- 10 L- 11 L- 12 L- 13 L- 14 L- 15 NOW OR FORMERLY L- 16 HEWETT L- 17 .N D.B. 735, PC. 567 LL_ 18 - 19 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-0280 County: Brunswick U.S.G.S. Quad: Holden Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Derek Dunn Address: 5039 Highway 11 South Winterville, NC 28590 Telephone No,: Property description: Size (acres) 35.4 Nearest Waterway Sharron Creek USGS HUC 03040207 Agent: Mr, David Edmonds Jr. LDG Properties 530 Causewav Dr, Ste T4 Wrightsville Beach, NC 28480 910-352-2434 Nearest Town Shallotte River Basin Lumber Coordinates N 33.9769 W -78.3378 Location description This site is located off Car-Griff Road, which is off Holden Beach Road, approximateiv 2 miles south of its intersection with US Highway 17 S, Brunswick County, Shallotte, North Carolina. Parcel IM's 1980005901, 1990000101, 1990000102, and 1990000103 Indicate Which of the Following 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 CF R 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 chance in the law or our published regulations, this determination may be relied upon for a period not to exceed five nears 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. The 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. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 05/05/2008. Unless there is a change in tile law or our published regulations, this determination may be relied upon for a period not to exceed five vears 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 Page 1 of 2 Action ID: SAW-2008-0280_ 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 re elation under the Coastal Area Mona ement Act (CAMA). You should contact the Division of Coastal Mana ement in Wilmington NC at (910) 796 7215 to determine their re4uirements 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 Jessica Hoten at (910)-2514637 or Kim_ G_ arvev at 910 '51-4482.. C. Basis For Determination This site contains a waterbodv that exhibits an Ordinary High Water 1Vlark that flows into the Shallotte River a Traditional Navi able Water of the U.S. The site also exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and are adjacent to Sharron Creek which flows into the Shallotte Rivera Traditional Navigable Water of the U.S. D. Remarks This determination is based on information rovided by Tri on En ineerin and by a site visit conducted by Kim Garvev on 11/30/2007. 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. Ifyou 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: Kim Garvey, Project Manager, Wilmington Regulatory Field Office PO Box. 1890 Wilmington, North Carolina 28402 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 0 710 5 /2 0 0$. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. Corps Regulatory Official: x*at Date 05105/200$ Expiration Date 05/05/2013 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 Customer Satisfaction Survey located at our website at http;t!regulatory.usacesurvev.com/ to complete the survey online. Copy furnished: Page 2 of 2 „r r ? > r ,y ?:+•iI.L"mil l?k:'t.i112{^tt_ C1 ._?.}_+ a `iiltilligtt r, N 7340"21' r. q pp ¢}¢} ("1S?S..Y F.. 111}!€21},.'r Li ??F : ii. ZE '?y.. rr t-d-i?. `?y ,„ { 3 TO 4c ?Ef •J t !?i _ . . i i t ? ? aft t.? i t { ?6.i/ j'r^ / (? F 1 t ?/ !4. ?7 1.. ?_l 4 ?J?.:.? j '1!_ A.-: F'? [}}w C LT7i'+.,.3e4. lt? !?i •;?.! iY t 'S1. + ik (l ?? tti RR y ll t??. 'I1? ??'.5? ?M??, y ?ZO'1..1t ?6i:5fIc ?.' ?E? = 1S3'` f ?_ • t L a pp ? ^? [ A? Eft } [? ;?, ???tr: } rf D ,fiii for .%`fy i f c M 1? .. y¢ iC 5 * iT' k9t P! 4 } l T F j _ ? 1 i R ... 0. 4? Th? ? '_D mot= i - r""A ._ G"I f!!ZL ..' COD: .: a !JS r CUI s ... a r : i S ? ae af r r , tJ ? ?,?, e ? .r'. ` Y r E a 1 ?`-- - LD6 Properties F:C' le ,?? t es 530 CailSAway Dr. Ste T- 1 v i :, T-4 Wrightsvide Beach, NC 28480 Nc 8a84E 'vVrsghtsviRe Baach Mobile: 352-2434 ' Mobile: (M)5204M O fice. (9M025&9 Office. (914)256.9311. Fax: 0"2569W Fax: (914 Z k-9112 5)_ r websIte: 4i1kw fldq.rorn website. uJw4° CTedn t l . k,. STATE OF NORTH CAROLINA DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF COUNTY OF BRUNSWICK CEDAR CREEK COMMONS SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF CEDAR CREEK COMMONS SUBDIVISION made this the day of , 20----., by DPD PROPERTIES III, LLC, hereinafter referred to as "Developer"or "Owner" or "Declarant" or "Successor Declarant"; WITNESSETH: That Whereas, Owner is the owner of certain property located in Brunswick County, North Carolina as is hereinafter described; and Whereas, the Owner desires to insure the use of the hereinafter described property for attractive residential purposes only, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each lot owner the full benefit and enjoyment of his or her home with no greater restriction upon the free and undisturbed use of his or her lot than is necessary to ensure the same advantages to the other lot owners; NOW THEREFORE, the undersigned Owner does hereby covenant, agree, and declare to and with all persons, firms, or corporations owning or hereafter acquiring any lots made subject to this Declaration that all of the properties described herein shall be held, sold, and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes, as well as the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the real property, and be binding on all parties having any right, title, or interest in the said properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof, to-wit: 34. DOTS AND UNITS SUBJECT TO DECLARATION All present and future owners, tenants, and occupants of lots or units and their guests and invitees shall be subject to and shall comply with the provisions of this Declaration, as the Declaration may be amended from time to time. The acceptance or a deed of conveyance or the entering of a lease or the entering into occupancy of any lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such owner, tenant, or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the owner of any lot or unit, their respective legal representative, heirs, successors, and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any lot as though such provisions were made a part of each and every deed of conveyance or lease. 35. APPLICABILITY TO OTHER PROPERTIES These restrictions shall apply only to the lots specifically subjected to these restrictions by the Declarant and shall not be applicable to any other properties owned by the Declarant. Declarant specifically reserves the right to develop adjacent or nearby properties in any manner whatsoever without regard to the development scheme contemplated herein, including the right to construct apartments, condominiums, townhouses, duplexes, triplexes, or any other form of multifamily housing or other form of housing allowed by the applicable zoning ordinances and regulations. 36. CONSERVATION AREAS The areas shown on the recorded plat for Cedar Creek Commons Subdivision recorded in Map Book , Pages of the Brunswick County Registry and all successive phases thereto as conservaton areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall perform any of the following activities on such conservation area: a) fill grade, excavate or perform any other land disturbing activities; b) cut, mow, burn, remove, or harm any vegetation; c) construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures; d) drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area; e) dump or store soil, trash, or other waste; and f) graze or water animals, or use for any agricultural or horticultural purpose. These covenants cannot be changed or deleted without the express written consent of the U.S. Army Corps of Engineers, Wilmington District. IN TESTIMONY WHEREOF, the Owner has caused this instrument to be executed in its company name by its duly authorize manager, the day and year first above written DPD PROPERTIES 111, LLC BY: _ (SEAL) Member/Manager STATE OF NORTH CAROLINA COUNTY OF a Notary Public of the County and State aforesaid, certify that Derek P. Dunn personally appeared before me this day and acknowledged that lie is Member/Manager of DPD PROPERTIES, T11,1.LC, a North Carolina Limited Liability Company, and that by authority duly given and as the act of the Limited Liability Company, he signed the foregoing instrument in its name as its Member/Manager.