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
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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)
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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
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530 CailSAway Dr. Ste T-
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Wrightsvide Beach, NC 28480 Nc 8a84E
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Mobile: 352-2434 '
Mobile: (M)5204M
O fice. (9M025&9 Office. (914)256.9311.
Fax: 0"2569W Fax: (914 Z k-9112
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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.