20081500 Ver 1_CAMA Application_20080930

ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
g,
MARINE SURVEYORS
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
September 24, 2008
Certified Mail Receipt No. 7006 2760 0002 0453 7984
Ms. Cyndi Karoly
N.C. DENR Division of Water Quality PA I
2321 Crabtree Blvd., Suite 250
Raleigh, N. C. 27604 ---
Enclosures: (1)
(2)
(3)
(4)
Dear Ms. Karoly:
r
BUSINESS : 252-637-4702
FAX: [phone]
[e-mail]
mikerice@robertmchilesoe,com
Sp 3 0 2008
DENR - WATER n11 XR ?CK
WLWDS Wo STORIAW
08' 1500
7 copies of the following documents;
• US Army Corps of Engineers & NCDENR, Division of Water Quality Preconstruction
Notification form.
• Authorized Agent document
• Portion of USGS Quadrangle Mansfield with site indicated.
• Portion NRCS Soils Map for Carteret County with site indicated.
• June 24, 2008 letter from Mr. Paul Farley, Land Management Group, Inc.
• Ecosystem Enhancement Program Approval for Spooner's Creek Subdivision
7 sets of the following drawings;
• Linear Wetland Crossing Location at Spooner's Creek Subdivision for Spooner's
Creek West, LLC, prepared by Robert M. Chiles, PE.
• Linear Wetland Crossing Details at Spooner's Creek Subdivision for Spooner's Creek
West, LLC, prepared by Robert M. Chiles, PE.
• Vicinity Map.
1 copy, Wetland Delineation, Spooner's Creek Subdivision, Portion of T.D. Eure
Estate Tract "C," for Mary Lynne Eure Osteen, prepared by Robert M. Chiles, PE.
Check in the amount of $240 (fees)
On behalf of our client Spooner's Creek West, LLC, we submit enclosure 1 and 2 for your review
and approval with respect to a Nationwide Permit 14 for proposed impacts to section 404 jurisdictional
wetlands. We submit enclosure 3 for your information.
The proposed impacts result from the desire to construct a subdivision road which will cross a
portion of jurisdictional wetlands. The wetland area is adjacent to the headwaters of Spooner Creek in
the outskirts of Morehead City, between NC HWY 24 and Bogue Sound. The area impacted by the
proposed roadway contains approximately 3,150 square feet.
The proposed development is associated with a new section of Spooner's Creek Subdivision. The
new section includes a residential street, stormwater swales, and 10 single family residential lots. The
subdivision is located on the west side of Harbor Drive at its intersection with S. Spooner's St., within the
planning jurisdiction of Morehead City, in Carteret County. The subdivision is bordered by Woodridge
Subdivision, existing portions of Spooner's Creek Subdivision, and Spooner Creek. The 10 lots in the
subdivision are aligned west to east, with the proposed road adjoining the south property lines.
Should you require additional information or have any questions, please contact us at your
convenience.
Very truly yours,
ROBERT M. ES, P.E.
Michael L. Rice, P.E.
cc: Spooner's Creek West, LLC
c/o Ms. Mary Lynne Eure Osteen
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE, AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 8- 1 5 0 0
(lt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
P A I
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ? In-lieu payment is one proposed alternative.
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: ?
IL Applicant Information R
1. Owner/Applicant Information SEP 3 0 2008 {J
Name: S ooner's Creek West LLC
Mailing Address:C/O Marv Lynne Eure Osteen. Member aNDSaran STrxRuwerJ[ D.AIlY
707 Cove Harbor Vf7
New Bern. NC 28562
Telephone Number: 252 637-5961 Fax Number:
E-mail Address: crosmile a suddenlink.net
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: Robert M. Chiles, PE
Company Affiliation: Consulting Engineer
Mailing Address: PO Box 3496
New Bern. NC 28564
Telephone Number: 252 637-4702 Fax Number: 252 637-3100
E-mail Address: office c?,robertmchilespe.com
Updated I 1 1 2005
Pa,-,e 5 of l l
f
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: Spooners Creek Subdivision, Portion of the T.D. Eure Estate, Tract C
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 63561565
4. Location
County: Carteret Nearest Town: Morehead City
Subdivision name (include phase/lot number): Spooners Creek Subdivision
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
US HWY 70 and NC HWY 24 in Morehead City, travel NC24 approx. 0.85 miles
westbound to Harbor Dr (on the left). Turn left onto Harbor Dr. The site is on the
right at the S. Spooners St. intersection.
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): 340 43' 48" ON 76° 48' 38" °W
6. Property size (acres): 24.74 (total), 22.84 (stormwater project area)
7. Name of nearest receiving body of water: Spooner Creek (SA; HOW 20-36-10)
8. River Basin: White Oak
(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/mss/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: wooded residential estate - Tract "C" of the T.D.Eure
Estate, Residential subdivisions surround the tract.
updated I 1 1 2005
Page 6 of l I
;r
10. Describe the overall project in detail, including the type of equipment to be used:
Overall project is the construction of a residential street, fronted by 10 proposed
residential lots in a low density subdivision. Grassed shoulders and roadside swales are
proposed for stormwater runoff management. The proposed road crosses the upland
limits of a portion of onsite wetlands. Equipment will be typical to road construction
activities; trucks, dozers, front end loaders, compactors, excavators, etc
11. Explain the purpose of the proposed work: To construct a residential connector road
within a low densitv subdivision.
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. On October 25, 2006, Mr. Mickev Sugg, US Army Corps of
Engineers met onsite with Land Management Group Inc of Wilmington, and provided
verbal approved the wetland delineation A survey map has been presented for signature
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 impacts are proposed or anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or- description, please attach a separate sheet.
Updated 11 1 2005
Paize 7 of ] 1
I
1. Provide a written description of the proposed impacts:
The proposed impact is caused by the placement of fill covering approximately 3,150
square feet of non-tidal wetlands adjacent to tidal waters The fill is necessary for the
construction of a subdivision road.
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 onirtiire and floo dino
Wetland Impact
Site Number
(indicate on map) Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
1 00-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 fill Forested no 400 0.07

Total Wetland Impact (acres) 0.07
3. List the total acreage (estimated) of all existing wetlands on the property: 5.80
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.
NONE
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.
NONE
6. List the cumulative impact to all Waters of the I L0 recrnltino frnm the nrniart-
Stream Impact (acres): 0
Wetland Impact (acres): 0.07
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.07
Total Stream Impact (linear feet): 0
Updated I 1 1 ?005
Paae 8 of I 1
i
7. Isolated Wa,crs
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
NONE
8. Pond Creation
NONE
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 road is located as far upland as possible within the project site and the road
centerline elevation follows the existing ground topography as closely as possible to limit
the amount of fill required to construct the road bed Utilities will be placed within the
road fill impact area to avoid additional impacts The proposed road alignment follows
numerous failed attempts to come to an agreement with an adjoining land owner to acquire
additional uplands and create an alignment with no wetland impact
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
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.
Updated 11 1 2005
Page 9 of 1 1
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan.
The preferred method of mitigation for the proposed impact is a conservation declaration
similar to the August 2003 model published by the USACE An alternate to this method is
participation in the NCEEP in-lieu fee program The base acreage for the conservation
declaration or in-lieu fee payment shall be determined by applying the USACE or NCDWQ
required mitigation ratio to the area of the proposed impact
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.neeep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of Riparian wetland mitigation requested (acres): 0.07
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
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(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
Updated I 1 1 2005
Page 10 of 1 1
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 existing onsite impervious area is
approximately 0.17 acres. A maximum of 5.66 acres of impervious surfaces are proposed for the
22.84 acre project area. (5.66)/(22.84) = 0.248
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.
Individual onsite wastewater systems are proposed for the residential lots in the subdivision
XIIL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No Z
Is this an after-the-fact permit application? Yes ? No Z
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/newetlands. If no, please provide a short narrative description: The
proposed low density residential development is designed in accordance with the current DWQ
rules which are intended to protect downstream water quality.
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).
Applicant/Agent's Sib ature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated I 1 1 2005
Page 1 I of 11
? L ?1OR\UL A1:
f=RC1?1: Ms. ?;ar\ L\nne Eure Osteerl. ?iei,lhc
Spooner's Creel: West. LLC
%0 % Co\ e Harbor
\e,,\ Bern,'NC 18>6?
TO: Robert M. Chiles. P.E.
Engineers. Consultants. L `,Marine Sui-, c%(":
P.O. Boy ,496
\e\\ Bern. N, C, ?R56=' ='96
RE: Assignment ofriuht to act as Authorized Agent for Snoonei's Creek '\\ est. LI_C
Spooner's Creek Subdlvlsion. Portion ofT.D. Eure Estate. Tract -'C"'
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Date: 7/14/2008 Caption: SPOONER'S CREEK SUBDIVISION
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June 24, 2008
Mr. Bob Chiles
Robert M. Chiles, P.E.
417-A Broad Street
New Bern NC 28564
RE: Osteen Property (2 parcels)
Hwy 24 area
Carteret County, NC
Dear Bob:
I am sending this to follow up on a conversation I had with Mike Rice of your office regarding the
above mentioned parcels. Land Management delineated all wetlands on the above parcels in
2006. The delineations were performed using the three parameter methodology outlined in the
1987 US Army Corps of Engineers Wetland Delineation Manual.
Larry Baldwin of Land Management Group met with Mr. Mickey Sugg of the US Army Corps of
Engineers on October 25, 2006. At that time, Mr. Sugg approved the delineation as flagged.
Please forward copies of the wetland survey and I will forward to Mr. Sugg for his approval and
signature.
Thank you for allowing Land Management Group to assist you with your project. Please feel free
to contract me if you have questions.
Sincerel(;?
Paul M. Farley
Senior Environmental Scientst
cc: Mr. Mickey Sugg, USACE
vwww.lmgroup.net o [e-mail] o Phone: [phone] e Fax: [phone]
3805 Wridhtsvilie Ave., Suite 15, Wilmington, NC 28403 o P.O. Box 2522, Wilmington, NC 28402
Nr-
t osystem
emeni
PROGRAM
July 31, 2008
Mary Lynne Eure Osteen
Spooner's Creek West, LLC
707 Cove Harbor
New Bern, NC 28562 Expiration of Acceptance: January 31, 2009
Project: Spooner's Creek Subdivision County: Carteret
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/CAMA 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.neeep.net_
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU stream (feet) Wetlands (acres) Buffer I Buffer If
Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non-i arian Coastal Marsh
Impacts White 03020106 0 0 0 0.163 0 0 0 0
Oak

Credits White 03020106 0
0
0
0.326
0
0 0 1
0
-
Oak 1 -1 1
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 [phone].
Sincerely,
Liam . Gilmore, E
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Mickey Sugg, USACE-Wilmington
Joanne Steenhuis, NCDWQ-Wilmington
Robert Chiles, agent
File
kat rt?r ... E ... Pero t" Ow State
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / www.nceep.net

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