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HomeMy WebLinkAbout20070046 Ver 3_CAMA Application_20080612WITHERS t- RAVENEL ENGINEERS I PLANNERS I SURVEYORS 7040 WRIGHTSVILLE AVENUE, SUITE lol WILMINGTON, NORTH CAROLINA, 28403 (910) 256-9277 FAX (910) 256-2584 PAYMENT v 3 RECEW QMER OF n° msmm m DATE 6/10/08 JOB NO. 03070401.00 ATTENTION Ms. Cvndi Karolv I RE: Stonebrid.ge on Sunset-Phase II NWP 29 PCN TO: NC Divison of Water Quality - 401 Wetlands Unit 2321 Crabtree Blvd Raleigh, NC 27604 WE ARE SENDING YOU ? Shop Drawings ? Copy of Letter E Attached ? Prints ? Change order the following items: ? Specifications COPIES DATE NO. DESCRIPTION 6 6/9/08 03070401-00 Stonebrid a on Sunset-Phase II NWP 2 PCN 1 6/10/o8 03070401-00 $24o Application Fee Check THESE ARE TRANSMITTED as checked below: E For approval ? Approved as submitted ? Resubmit copies for approval ? Foryour use ? Approved as noted ? Submit copies for distribution ? As requested ? Returned for corrections ? Return corrected prints ? For review and comment ? ? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO U D ??, d REMARKS: -? N Signature: WETLANDS AND STORMWATERIHRANCH Date: COPY TO: File SIGNED: Troy Beast If enclosures are not as noted, kindly notify us at once. ? Under separate cover via ? Plans ? Samples ? Diskette ? WITHERS &- RAVENEL ENGINEERS I PLANNERS I SURVEYORS June 9, 2008 US Army Corps of Engineers NC-Division of Water Quality Regulatory Field Office 401 Wetlands Unit Attn: Ms. Kim Garvey Attn: Ms. Cyndi Karoly 69 Darlington Avenue 2321 Crabtree Blvd. Wilmington, NC 28403 Raleigh, North Carolina 27604-2260 Re: Stonebridge on Sunset - Phase II Previous AID# SAW-2006-32598-010 W&R Project #03070401.00 Dear Ms. Garvey and Ms. Karoly, ARM 1 JUN 1 2' DENR - wAI EN WETLANDS AND STORMWATERAVrr, On behalf of MJ Property Development, LLC, we are requesting authorization from the USACE to use NWP 29 for 0.139 acres of permanent impact to 404 wetlands and IWGP100000 for 0.352 acres of impact to isolated wetlands for the construction of the proposed project. A copy of this PCN has also been provided directly to Mr. Chad Coburn in the Wilmington Field Office. The site is located approximately 100 yards north of the intersection of Sunset Harbor Road and Harbor Ridge Drive, in the Lockwood Folly Township, in Brunswick County. The project is approximately ±53.0 acres in size and is located in the Lumber River basin. The wetland delineation was reviewed and approved by Ms. Jennifer Frye with the Corps of Engineers (AID # SAW-2006-32598). A copy of the signed JD Survey has been provided as an Appendix to the enclosed PCN. The proposed project consists of the second Phase of the previously permitted Stonebridge on Sunset project. Phase I of the project received a NWP 39 (AID#2006-32598-010) for the authorization to impact 0.031 acres of Section 404 wetlands. Phase I also received a 401 Water Quality Certification (DWQ Proj 4070046) authorizing 0.031 acres of impacts to Section 404 wetlands and 0.456 acres of impact to isolated wetlands. Copies of these permits have been provided as an Appendix to this application. The current request is for 0.139 acres of impacts to Section 404 wetlands and 0.352 acres of impacts to isolated wetlands (see the attached maps and PCN for details). The cumulative wetland impacts from both Phases will result in 0.170 acres of permanent impacts to Section 404 wetlands and 0.808 acres of permanent impacts to isolated wetlands. Stonebrid a on Sunset Cumulative Wetland Impact Table Phase Section 404 Isolated Wetland Impacts DWQ Cumulative Impacts Impacts Phase I (Previously 0.031 acres 0.456 acres 0.487 acres Permitted) Phase II 0.139 acres 0.352 acres 0 491 acres (Proposed) . Total Impacts 0.170 acres 0.808 acres 0.978 acres 7040 Wrightsville Avenue, Suite ioi Wilmington, North Carolina 28403 tel: 910-256-9277 fax: 910-256.2584 www.withersravenel.com WITHERS &- RAVENEL ENGINEERS I PLANNERS I SURVEYORS Phase I of the Stonebridge on Sunset project was permitted under NWP 39 prior to the expiration of the old Nationwide Permits. NWP 39 is no longer applicable to residential development and therefore can not be modified. Since the cumulative impacts to Section 404 wetlands are less than 0.5 acres for both Phases combined, Phase II meets the impact threshold for a NWP, and is eligible for authorization under a NWP 29. Please feel free to call if you have questions or require additional information. Sincerely, Troy Beasle Environmental Scientist Attachments: NWP 29 PCN / IWGP100000 PCN; $240 Application Fee Cc. Chad Coburn - DWQ Wilmington Field Office 7040 Wrightsville Avenue, Suite ioi Wilmington, North Carolina 28403 tel: 910-256-9277 fax: 910-256-2584 www.withersravenel.com Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ® Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29, IWGP 100000 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information JUN -1 2 2 00,9 Name: MJ Property Development, LLC Mailing Address: 1508 Military Cutoff Road, Suite 302 WETIANDSANDSTORMHVATFR,19Aycs Wilmington, NC 28403 Telephone Number: 910-256-0101 Fax Number: 910-256-0515 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Troy Beasley Company Affiliation: Withers and Ravenel Mailing Address: 7040 Wri ghtsville Avenue, Suite 101 Wilmington, NC 28403 Telephone Number: 910-256-9277 Fax Number: 910-256-2584 E-mail Address: tbeasleyawithersravenel.com Updated 11/1/2005 Page 1 of 11 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: Stonebridge on Sunset - Phase 11 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 2020000104 4. Location County: Brunswick Nearest Town: Bolivia/Varnamtown Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From Hwy 17 south, make a left onto NC 211 east. After passing Winding River Subdivision, make a right onto Sunset Harbor Road. Property is located approximately 100 yards north of the intersection of Sunset Harbor Road and Harbor Ridge Drive. 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): 33.9756N ON 78.1983 °W 6. Property size (acres): ±53.0 acres 7. Name of nearest receiving body of water: UT to Mill Creek 8. River Basin: Lumber - HUC Code - 03040207 (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: In the existing condition, the property consists of undeveloped woodlands. The general land use within the vicinity of the project consists of undeveloped woodlands, single family residential and agricultural uses. Updated 11/1/2005 Page 2 of 11 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will consist of a residential subdivision. Standard commercial construction equipment will be used to construct the proposed project. There are no proposed features or construction methods which require specialized equipment. 11. Explain the purpose of the proposed work: The purpose of this project is to meet the growing demand for residential housing in Brunswick County. 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. The onsite wetlands were reviewed and approved by Ms. Jennifer Frye with the Corps on Engineers on September 4th, 2006 (AID# 2006-32598-010). Copies of the signed wetland survey and JD Tearsheet have been provided as Appendix 1. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no future permits anticipated for the proposed 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 nprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Updated It/l/2005 Page 3 of I I wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed project will result in 0.139 acres of impact to Section 404 wetlands and 0.352 acres of impact to Isolated Wetlands as a result of construction of access roads cul-de-sacs and residential lots. 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, nPnnrate1v lint imnnotn dice to both ntnivtnre and flooding. Located within Distance to Area of Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) Impact 1 Permanent Fill Forested No f 2700 if 0.099 ac Impact 2 (Isolated) Permanent Fill Shrub No t 800 if 0.245 ac Impact 3 (Isolated) Permanent Fill Shrub No ±680 If 0.107 ac Impact 4 Permanent Fill Shrub No f 1000 If 0.040 ac Total Wetland Impact (acres) - 404 Wetlands 0.139 ac Total Wetland Impact (acres) - Isolated Wetlands 0.352 ac 3. List the total acreage (estimated) of all existing wetlands on the property: 14.20 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreaiie, multiply lenl?th X width, then divide by 43,560. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) NOT APPLICABLE Total Stream Impact (by length and acreage) Updated 11/1/2005 Page 4 of 11 a 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 excavatinn_ dreduin¢_ flondinv_ drainage- bulkheads- etc. Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) NOT APPLICABLE Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): N/A Wetland Impact (acres): 0.139 ac Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.139 ac Total Stream Impact (linear feet): N/A 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 USAGE. The proposed project will also result in 0.352 acres of impacts to isolated wetlands (Wetlands 2 and 3). Due to the landscape location of the these isolated wetlands, impacts to these wetlands could not be avoided during site Wetlands 2 and 3 consist of isolated depressions in the natural topojzrqphy which receive runoff from adjacent uplands during storm events. The hydrology of Wetlands 2 and 3 is provided almost entirely from upland runoff, with very little influence from groundwater fluctuations. The proposed project will be a low density subdivision with pockets of high density. The isolated wetlands are located in the high density pockets. Brunswick Count requires that all runoff from the hi density pockets be captured and treated for in the stormwater management system. This design results in all runoff from adjacent lots being directed away from Wetlands 2 and 3, severing their natural hydrologic source. Without a sufficient hydro-period, the function of these wetlands would be secondarily impacted and eventually become non-wetlands. It was determined that the integrity and long term viability of Wetlands 2 and 3 could not be maintained in the post-development condition. Therefore, the proposed development will result in the removal of Wetlands 2 and 3 in the post-development condition as a result of construction of Pontebella Drive and Burnham Court, as well as Lots 40, 41, 73 and 74. The functional loss as a result of removal of Wetlands 2 and 3 will be adequately compensated in the proposed mitigation plan. Updated 11/1/2005 Page 5 of I I 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed project will result in 0.491 acres of wetland impacts (404 - 0.139 ac; Isolated - 0.352 ac). The proposed project has been designed to meet minimum lot size and setback requirements to maximize development of the uplands while avoiding and minimizing wetland impacts to the greatest extent possible. Wetland impacts were avoided and minimized specifically by designing all interior roads and cul-de-sacs to the minimum standards (width, turn radii, etc) allowed by Brunswick County and NCDOT. The original design of the proposed project would have resulted in 0.351 acres, as exhibited in the original which was withdrawn on November 30, 2007. Several facets of the site plan were revised to further avoid and minimize wetland impacts. Specifically, the lot layout was redesigned which resulted in the loss of one lot. While the total number of lots was only reduced by one lot the redesign eliminated wetland impacts from lot fill. The redesign of the lot layout resulted in a 0.098 acre reduction in proposed wetland impacts from the original design. Also, a second access entrance to Phase II from Sunset Harbor Road in the northeast corner of the project was abandoned, reducing wetland impacts by and additional 0.114 acres. Wetland impacts were avoided and minimized by utilizing an elevated bridge to access the Dog Park and Tot Lot. The elevated bridge will provide both pedestrian and golf cart access to the Dog Park and Tot Lot. The bridge is currently being ded by a structural engineer to support the weight of golf carts. Therefore, there is no cross-section of the bridge on the drawing. However, the elevated bridge will be piling support ed to allow for natural drainage patterns in the wetlands and prevent wetland impacts. Upon completion of the design of the elevated Updated 11/1/2005 Page 6 of 11 bridge, a copy of the bridge design will be provided to the Corps of Engineers for assurance that the bridge will not result in wetland impacts. Wetland impacts were also avoided and minimized by utilizing an elevated walkway to provide pedestrian access to the active recreation area in the southeastern corner of the project. The elevated walkway will be supported by pilings, which will not affect the natural drainage patterns in the wetland and prevent wetland impacts. A cross-section of the elevated walkway has been provided on the site plan. The proposed 0.139 acres of impacts to 404 wetlands will occur as a result of construction of the internal road system, as well as Moffitt Road, which will provide internal connectivity between Phases I and II. The final design of the proposed project will not require impacts to 404 wetlands as a result of lot fill. The proposed project will also result in 0.352 acres of impacts to isolated wetlands (Wetlands 2 and 3). Due to the location of the these isolated wetlands within the project site, impacts to these wetlands could not be avoided during site Wetlands 2 and 3 consist of isolated depressions in the natural topography which receive runoff from adjacent uplands during stonn events. The hydrology of Wetlands 2 and 3 is provided almost entirely from upland runoff, with very little influence from groundwater fluctuations. The proposed project will be a low density subdivision with pockets of high density. The isolated wetlands are located in the hi density pockets. Brunswick County requires that all runoff from the high density pockets be captured and treated for in the stormwater management system. This design results in all runoff from adjacent lots being directed away from Wetlands 2 and 3, severing their natural hydrologic source. Without a sufficient hydro-period, the function of these wetlands would be secondarily impacted and eventually become non-wetlands. It was determined that the integrity and long term viability of Wetlands 2 and 3 could not be maintained in the post-development condition. Also, the proposed project has been designed as a low density subdivision with pockets of high density. The avoidance of impacts to Wetlands 2 and 3 would have resulted in the loss of 4 lots. The loss of 4 lots in a low density subdivision has significant financial ramifications, including increasing the per-lot cost of construction of infrastructure. And while the loss of 4 lots would avoid direct impacts to Wetlands 2 and 3, these systems would still be secondarily impacted from the significant reduction of drainage area. Also, due to the location of Wetlands 2 and 3 within the project site, both wetlands would be partially impacted by construction of the internal road system. Partial impacts to these wetlands would further reduce the size of the isolated wetlands. The fragmentation of these wetlands systems, along with a reduced drainage area would make the integrity and long term viability of these systems impossible to maintain. Therefore, the proposed development will result in the removal of Wetlands 2 and 3 in the post-development condition as a result of construction of Pontebella Drive and Burnham Court, as well as Lots 40, In order to provide assurance against future wetland impacts the 13.71 acres of wetlands remaining in the post-development condition will be preserved through the incorporation of a Restrictive Covenant in the HOA documents. The proposed Restrictive Covenant language taken from Attachment B - Restrictive Covenant Guidance of the Wilmington District Process Updated 11 / 1 /2005 Page 7 of 11 for Preservation of Mitigation Property. Copies of the Restrictive Covenant language and Conservation Area Exhibit have been provided as Appendix 2. 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/stnngide.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. Mitigation for 0.139 acres of impacts to Section 404 wetlands will consist of the preservation of 13.71 acres of wetlands remaining in the post-development condition. The preservation of 13.71 acres of onsite wetlands will result in a 100:1 preservation ratio for 404 wetlands. The onsite wetlands will be preserved through the implementation of a Restrictive Covenant as discussed in Section VII of this application. The Restrictive Covenant and Conservation Area Exhibit will be recorded with the Brunswick County Register of Deeds to provide assurance against additional wetland impacts until the final HOA documents are drafted and recorded. Updated 11 /1 /2005 Page 8 of I I In conjunction with the onsite preservation, 0.25 acres of wetland mitigation will be purchased from the Ecosystem Enhancement Program EEP.. A copy of the Letter of Reservation from EEP has been provided as Appendix 3. Phases I and II of the Stonebridge on Sunset project will result in 0.978 acres of cumulative wetland impacts 404 and Isolated). Per Water Quality Certification #3705, Condition 10: "In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation maybe required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands.", no additional mitigation is proposed for the project. 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/wr2/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): 0.25 acres Amount of Coastal wetland mitigation requested (acres): 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 Updated 11/1/2005 Page 9 of I 1 1. Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. I. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? 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. Impact Required Zone* Multiplier H T7F] ,, 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. 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. In the existinv condition. there is no impervious surface. The site Dlan proposes the total impervious surface to exceed 20%, and will require a state stormwater permit. A State Stormwater Permit has been issued for the proposed project (SW8-07-0662) and a copy has been provided as Appendix 4. Onsite stormwater will be treated in a low density stormwater treatment system consisting of two wet detention ponds and grassed swales. 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. Brunswick County Sanitary Sewer XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Updated 11 /1 /2005 Page 10 of 11 Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed project will not result in additional development and there are no future impacts 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). G/ 9 /o Applic nt/Agent's Signature Date (Agent's si ture is valid only if aut orization letter from the applicant is provided.) Updated 11/1/2005 Page I I of I I AGENT AUTHORIZATION AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner(s), JTV Management do(es) hereby appoint Troy Beasley / Withers & Ravenel, Inc. as his, her, or it's exclusive agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Stonebridge Phase II project. The owner does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This agreement shall continue in effect until completion of the contracted task or termination by the property owner. Date: Io -4- -10-1 Agent's Name, Address & Telephone: Troy Beasley / Withers & Ravenel, Inc. 7040 Wrightsville Avenue, Suite 101 Wilmington NC 28403 Tel. (910) 256-9277 County, North Carolina l,? a Notary Public of the "C ty and State aforesaid, certify that 3y % V personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this lbftk day of 20g n. (Official seal or stamp) Wv J Notary Pu lic L???'A? ?AV1S My commission expiresy?-QF.Jj?1k , 20t_ GRAPHICS r7m Aerial Photograph F's li I 0, In WITHERS &- RAVIENEL �5 In! ENGINEERS I PLANNERS I SURVEYORS I mc2w3 W:@if2q6j2" .." _.,j SWW If VAW",I-. o0 jA- f33.9756N; ckwoods Folly quadrangle N 78.1983W All- f t WITHERS RAVENEL •r• ENGINEERS I PLANNERS I SURVEYORS 2010 WdghlavNk Avem Suit 101 WNmingtw, NC 21!07 M1:916256.8277 f- 810.!12.101! sr- Wetlan 6 rev— Wet � s�, "''.i fiat 'C �;� "`ti _ t��e � k .x• �. r „C +t r, ` I �� J�•X E�T � � ti �3 Y•� Su. f _,,;'F - f•3µ ir~'¢:.. `t .. w t V1. i Ti Y `* . t 'Y a ; n ir•i� tt � 't` L 7� '3.rw �` g-. `t. � .��„T" '�'i !' � . , .' • ". y. x�}���. ' i• VrG 'Y �,.'•'K� $+�J "_i S.,y � � t t xW' -�'' r ..... , � r �N ,�WITHERS APPENDIX I U.S. ARM'S CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2006-32598-010 County: Brunswick U.S.G.S. Quad: Lockwood Folly NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Mr. Thomas A. Zimmerman Address: 5 Finch Lane Bedford, New York 10506 Telephone No.: Property description: Size (acres) 53.43 Nearest Town Supply Nearest Waterway Mill Creek River Basin Lumber USGS HUC 03040207 Coordinates N 33.9756 W 78.1983 Location description The parcel (PIN No. 2020000104) is located along the southside of Sunset Harbor Road, east of Harbor Ridge Drive and Phase I of the Stonebridne on Sunset residential development. in wetlands adiacent to Mill Creek, east of Supply, NC. Indicate Which of the FollowintY Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a. change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 10/4/2007. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period riot to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Jennifer Frye at 910-251-4923. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual and is adiacent to Mill Creek, a tributary to the Lockwood Folly River, Navigable Water of the United States. This determination is based on information submitted by Withers & Ravenel and a site visit by Jennifer Frye on 4/11/2006. D. Remarks Please be aware that this property contains non-jurisdictional, isolated wetlands. Please contact the North Carolina Division of Water Quality at (919) 733-1786 to discuss the State's regulations and requirements for these waters. It was determined that these wetlands are not bordering, neighboring or contiguous with any Section 404 jurisdictional waters. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Jennifer Frye, Project Manager, Wilmington Regulatory Field Office Post Office Box 1890 Wilmington, North Carolina 28402-1890 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 33 J.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 12/4/2007. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. Corps Regulatory Official: - Date 10/04/2007 Expiration Date 10/04/2012 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.gM.mil/WETLANDS/index.html to complete the survey online. Action Id. SAW-2007- Copy furnished: Chad Coburn, DENR-DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405 Troy Beasley, Withers & Ravenel, 7040 Wrightsville Avenue, Suite 101, Wilmington, NC 28403 MJ Property Development, LLC, 1508 Military Cutoff Road, Suite 302, Wilmington, NC 28403 / / I 1 I 1 i' i 1 1 1 i I 9 uS?Sz 4 1 / • ?,` 3sN?s / O -80 H;; •: / •' Odd ? • ,;?"+i?. .'o s s'• . a •. a ¢ a Y a?::• ' i S : lug s • i' i O i i 64 > r- w r w .46 > 10 ;.g > > a, m 70 > m --- > $R 4 r I o a o? ae s? 0 u w u ? F{C o i 8 o u ? S E ? a• s r fj . N N ' O R Q n 8 i ? E ? 8 g? 8 8 a . 4p:'''''' g 9 a 3! so n r t -P > 3 a 9 > = r I1 lit gig g I ?11 i 'Rip mw u o 4 R A F N5 Sr pRZ u ,4, s 7?${ •? ?? 7 g . '• •'• •'• •'•''•''•'. .. 801.19' a t Z &R ?z ? z J ? t ?* E ale.` ? ? a k a ?'Qo STONEBRIDGE TRACT 111 WETLANDS PLAT PWAM FM- ..?a.T.,a I WITHERS & RAVENEL sw04L4M asslaass$ 1 ruaasas I ssavsvsas 1 `???u lu o APPENDIX 2 Restrictive Covenant Language "The areas shown on the Stonebridge on Sunset - Phase II Conservation Area Exhibit as conservation 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 f. graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID, and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it." 41 GENERAL NOTES 1.) THIS IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. THIS IS A WETLANDS CONSERVATION AREA EXHIBIT, THIS IS NOT A BOUNDARY SURVEY. 2.) SEE PAGE 2 FOR WETLAND CONSERVATION AREA LINE TABLES PARCEL INFORMATION DB: 829 PAGE: 464 PIN: 2020000104 TOTAL PARCEL AREA: 53.43 AC.± WETLAND CONSERVATION AREA A: 0.44 AC.± WETLAND CONSERVATION AREA B: 7.52 AC.± WETLAND CONSERVATION AREA C: 0.05 AC.± GRAPHIC SCALE / WETLAND CONSERVATION AREA D: 0.03 AC.± 300 0 150 300 WETLAND CONSERVATION AREA E: 2.73 AC.± I / WETLAND CONSERVATION AREA F: 2.92 AC.± 1 inch = 300 ft. 1 WETLAND CONSERVATION AREA A TOTAL AREA = 0.44± AC. LINE CALLS Al-A9 / HOWELL RESET NAD 83 N: 74235.1370 E: 2240128.8560 A9 A7 0 If If B68 -A -Al C2 Cl B57 D4? 661 WETLAND ; . . CONSERVATION; AREA B..... :-::TOTAL AREA*'.-'.-:- D1 ••:7.52± AC.•:•:•:•:•:•. LINE CALLS : •.B1-B68. B N/F W PROPERTY DEVELOPMENT, LLC DB 2394/576 SUp co 0 T VICINITY MAP (NTS) 0 ISITEI STONEBRIDGE PHASE II 13.69 AC.± I CR1 WETLAND CONSERVATION AREA E E1 TOTAL AREA = 2.73± AC. LINE CALLS El-E41,CR1,E42-E43 E9 E28 N/F SUNSET HARBOR INVESTMENT, LLC E10 08 23111515 TIE16 MB 341178 PAGE 1/2 WETLAND CONSERVATION AREA EXHIBIT III WITHERS &' RAVENEL RNRINRRRR I ?LANNRRN 1SURVIT002 F1 `621 ?-F22 TOTAL WETLAND CONSERVATION AREA: ?y WETLAND CONSERVATION AREA C TOTAL AREA = 0.05± AC. LINE CALLS C1-C2 N/F \ AMENT DB 116311007 \ 0 WETLAND CONSERVATION AREA D TOTAL AREA = 0.03± AC. LINE CALLS Dl-D4 1 WETLAND CONSERVATION AREA F TOTAL AREA = 2.92± AC. LINE CALLS F1-F55 N/F WARNER DB 2001/517 F55ACP TOTAL PARCEL AREA F48 = 53.43 t AC. (SEE NOTE 1) F47 4%. Q / N/F MARTIN 1 DB 1019/505 LEGEND WETLAND O CONSERVATION AREA TOTAL WETLAND CONSERVATION AREA = 13.69+ AC. E43 WETLAND CONSERVATION AREA LINE TABLES WETLAND CONSERVATION AREA A LINE TABLE LINE LENGTH BEARING Al 61.97 S352849 "E A2 30.59 S 17'2544 E A3 26.96 SO2' 12'08"W A4 21.50 S0824'04 "W A5 30.76 S 15'2J'1 2"W A6 25.97 S04'5427 "E A7 31.33 S54'59'06"W A8 43.25 N61' 10' 15 "W A9 36.86 N75'25' 10 "W WETLAND CONSERVATION AREA B LINE TABLE LINE LENGTH BEARING B1 112.62 S42'2537"E 82 33.47 S39'44'00 E 63 55.49 S54'5537'E B4 44.99 S 13'3634 E B5 54.42 S49'49'03'E B6 60.42 S29'44'45 "E B7 59.63 S45'43'09 "E B8 54.16 S3423'09 'E B9 61.22 S20'23'56 E B 10 39.91 S36'21 '51 E B11 62.71 S33'37'09 "E B12 40.97 S172254'E B13 54.23 S35'48' 1 l E B14 48.75 S27'0732 E B15 47.83 S20' 16' 10 E B16 34.44 S16'19'12 'E B17 33.07 S42'52' 12 E B18 41.83 S32'35 23 E B19 4772 S05'40'45 E 820 37.55 S00'50' 10"E 821 20.41 S40'23 38 "W 822 50.97 N81'41'46"W B23 31.69 N38'26 24 "W B24 44.28 N00' 19'58 E B25 22.83 N41'44' 14 "W B26 32.80 S79' 13' 16 "W B27 26.51 N771122 "W B28 45.60 S09'50 39 "W B29 36.43 S 11'58'03"E B30 40.72 S 12'09'45 "W B31 6.38 SO I' 14'02 E B32 11.71 N82' 10'43 "W B33 37.07 S8738'39 "W B34 20.95 S792435 "W B35 23.36 N09'56'31 "W B36 42.32 N66'42'03 "W B37 38.06 N58'06'37"W B38 34.06 S64'07'07"W B39 33.86 N53'34'29 "W B40 38.41 N35'4852"W 641 25.78 N41'23'32"W B42 31.98 N66'50'44 "W B43 35.13 N7253' 14 "W B44 35.68 N78'4749 "W B45 50.92 N57'2744"W B46 17.39 N40'55'13"W B47 6.28 N29' 12'54 "W 848 74.86 N71'2655"W B49 26.83 N045237"W B50 47.67 NO8'18'02"W B51 34.62 N62'5252"W B52 29.99 N2536'05 "W B53 41.94 N02'4753"W 854 68.77 N28'30'04 "W B55 40.02 N22'4835 "W B56 35.55 N59'01'07"W B57 25.59 N5459'06 "E B58 3723 S62' 19'J 1 E B59 51.22 S75'37'41 E 860 59.91 537' 19'50 E B61 67.90 N24.51'58"E B62 58.03 N05'1 7'13 E B63 49.31 N06'38'20 "E B64 33.20 N34' 12'40 E B65 40.91 N22'3739 E B66 60.33 N2429 25 "W B67 49.88 N48' 19'21 "W B68 76.56 N70'0239"W WETLAND CONSERVATION AREA C LINE TABLE LINE LENGTH BEARING c l 53.15 N50'28' 10 "W C2 38.96 N3750 29 "W WETLAND CONSERVATION AREA D LINE TABLE LINE LENGTH BEARING D1 50.64 N33'023I "W D2 49.72 N20'04 39 "W D3 3769 N02'1 7'02"W D4 11.76 N04' 18 28 "W WETLAND CONSERVATION AREA E LINE TABLE LINE LENGTH BEARING El 22.29 S39'48'41 "W E2 30.16 S13'5624W E3 63.01 S03'40'59 "W E4 36.35 SO5' 16'1 O"W E5 61.31 S19'0427"W E6 51.09 S 15' 14'55 "W E7 72.77 S26'4235"W E8 38.09 S22'26' 10 E E9 28.41 S26'50'28 "E E 10 4.02 N83'01 '44 E E11 35.02 N45'00'35 E LIZ 41.61 N55'02'31 E E13 19.70 N11'08'12W E14 27.53 N24'39'02"W E15 37.21 NO 1 *31 '25'W EE16 28.43 N41'0256 E E 17 33.55 N062552 "E E 18 21.43 N40'00'58 "W E19 21.97 N50'3329 "E E20 38.52 N67'3855 E E21 37.44 N68'05'39 "E E22 44.03 A163-36'09 "E E23 14.52 N63'36'09 E E24 41.51 N6728' 13 E E25 52.39 N8227'35 E E26 73.34 S55' 13'48 E E27 42.63 S89'32'01 E E28 46.75 N80'40'24 "E E29 53.65 N 19'50'57 E E30 56.87 N05'0327"E E31 70.41 N22'35'32 E E32 44.85 N 19'572 1 E E33 60.87 N13'4945 E E34 54.92 N22'51 ' 15 E E35 35.64 N03'32'02 "W E36 51.99 N00'21 '41 'E E37 60.39 N49'44'05 "W E38 50.62 N34'49'05 "W E39 46.93 N48'39'31 "W E40 25.81 S86'15'57"W E41 4.07 N05'41'02"E E42 73.74 N46'23'36 "E E43 50.20 N6716'09 "E WETLAND CONSERVATION AREA F LINE TABLE LINE LENGTH BEARING F1 6.92 N52'57'00 E F2 24.14 S79'09'57'E F3 37.14 N8712'40"E F4 30.18 S64'O1'39 E F5 26.93 S68'52'33"E F6 59.55 S21'5455 E F7 30.23 S69'19'06'E F8 21.20 S46'1 7'06E F9 25.74 N6352' 19 E FlO 29.17 N68'4444'E F11 24.40 57921 '32 E F12 40.87 S83'50'19'E Fi3 30.24 N873858'E F14 38.18 N41'1021 E F15 36.17 N06'51'10E F16 34.53 N00'38'44'E F17 16.72 N02'20'46E F18 77.80 N82'35'50'E F19 4.63 N42'12'12'E F20 4.87 S31'3557'E F21 28.38 S58'35'01 'E F22 23.78 S0257'07"W F23 29.12 S 16' 13'41 "W F24 27.96 S 16'01 '05 "W F25 54.69 S 14'5429 "W F26 49.58 S 18'35'30 "W WETLAND CONSERVATION AREA CURVE TABLE CURVE LENGTH RADIUS CH BEARING CHORD DELTA CR1 101.46 330.00 N032838"W 101.06 17'3657" GENERAL NOTES 1.) THIS IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. THIS IS A WETLANDS CONSERVATION AREA EXHIBIT. THIS IS NOT A BOUNDARY SURVEY. 2.) SEE PAGE 2 FOR WETLAND CONSERVATION AREA LINE TABLES F27 32.66 S433459"W F28 35.04 S13'4743"W F29 25.77 SO 1'2522"W 730 23.71 S02.31 ' 15 E F31 38.85 SO 1'21 '52"E F32 38.58 So 1'53'08"W F33 23.27 S30'32' 18 "W F34 61.41 S3 1'00'22"W F35 32.95 S68' 10' 12 "W F36 25.87 S43'4433"W F37 35.34 S20'01 ' 14 "W F38 4.64 S2859'36W F39 32.84 S07-22'49 "E F40 30.78 S 13'4326 E F41 40.64 S 1700'59 "W F42 30.82 S06'09'54 "E F43 26.10 S08'0 1'32 E F44 42.41 S28.15'10""E F45 30.30 S39'29'50 E F46 27.69 S4 1'20'02"W F47 4.82 S 11'32'10 "W F48 1.63 N 19'45'05 E F49 45.90 N01'28'07 E F50 53.61 N04524I "W F51 44.37 N04' 13'04 E F52 9.24 N272432"W F53 13.83 N63'50'47"W F54 39.91 S69'4259 "W F55 7.99 S54'23'30 "W WETLAND CONSERVATION AREA TIE LINE TABLE LINE LENGTH BEARING TIE1 130.32 N52'35 28 E TIE2 126.26 N52'35'28 E TIES 209.93 N52'35 28 E TIE4 71.20 N52.35'28 E TIE5 489.67 S34'30'28E TIE6 281.62 N54'02'57 E TIE7 42.57 N54'02'57"E TIE8 94.62 518'4552"E TIE9 89.06 S 18'4552"E TIE10 146.32 S18'4552 E TIES l 1498.51 S20'00'53 "E TIE 12 322.03 S20'01'20"E TIE 13 295.10 S2O'0120 E TIE14 196.69 S59'06'11 "W TIE 15 604.80 S59-06'1 I "W TIE 16 39.28 N23'07'22 "W TIE 17 122725 N23'07'22 "W TIE 18 92.87 N23'07'22 "W TIE19 153.20 N23'0722"W TIE20 542.60 N23'0722"W TIE21 670.05 N23'0722"W TIE22 100.11 N23'07'22"W PARCEL INFORMATION DB: 829 PAGE: 464 PIN: 2020000104 TOTAL PARCEL AREA: 53.43 AC.t WETLAND CONSERVATION AREA A: 0.44 AC.t WETLAND CONSERVATION AREA B: 7.52 AC.t WETLAND CONSERVATION AREA C: 0.05 AC.t WETLAND CONSERVATION AREA D: 0.03 AC.t WETLAND CONSERVATION AREA E: 2.73 AC.t WETLAND CONSERVATION AREA F 92 AC t TOTAL WETLAND CONSERVATION AREA: 13.69 AC.t PAGE 2/2 STONEBRIDGE PHASE II I III WETLAND CONSERVATION AREA EXHIBIT WITHERS &- RAVENEL ENGINEERS I FLASHERS 1 SURVEYORS APPENDIX 3 4 ? Is_ r-,?J r.'lem ,. Y,,fi1._ {ll{.' PROGRAM April 15, 2008 Jon Vincent MJ Property Development, LLC 1508 Military Cutoff Road Suite 302 Wilmington, NC 28403 Expiration of Acceptance: October 15, 2008 Project: Stonebridge on Sunset, Phase 11 County: Brunswick The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/LAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. Lumber 03040207 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non-Ri arian Coastal Marsh Impacts 0 0 0 0 0.139 0 0 0 Credits 0 0 0 0 0.278 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. Sincerely, .:?J William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Kim Garvey, USACE-Wilmington Joanne Steenhuis, NCDWQ-Wilmington Troy Beasley, agent File R?sto?u?c?... .. Pro" ow Jtat& N&A North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net APPENDIX 4 a" .,• G 10 Cp T' a.r ? n November 13, 2007 Jon T. Vincent, Manager MJ Property Development, LLC 1509 Military Cutoff Road, Suite 302 Wilmington, NC 28403 Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject: Stormwater Permit No. SW8 070662 Stonebridge on Sunset - Phase 2 Overall Low Density Residential Subdivision with Pockets of High Density Brunswick County Dear Mr. Vincent: The Wilmington Regional Office received a Stormwater Management Permit Application for Stonebridge on Sunset - Phase 2 on June 29, 2007 with additional information submitted on October 9 and November 6, 2007. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 070662 dated November 13, 2007, for the construction of the subject project. This permit shall be effective from the date of issuance November 13, 2017, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact M.J. Naugle, or me at (910) 796-7215. Sincere , Edward Beck Regional Supervisor Surface Water Protection Section ENB/mjn: S:\WQS\STORMWATER\PERMIT\070662 nov07 cc: r ns inspections Jeff Phillips, Brunswick County Engineering Division of Coastal Management Wilmington Regional Office Central Files M.J. Naugle Noy` Carolina ,/vaturn!/y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet ywq ncya?ergii, lily _or- Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper