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HomeMy WebLinkAbout20170581 Ver 2_More Info Received_20170818s LMG 0o, LAND MANAGEMENT GROUP!N(--. Environmental Consultants August 16th, 2017 TO: Mr. Eric Reusch 5 t�� US Army Corps of Engineers �>p�F2 C6'i , 1/ 69 Darlington Avenue '�i�'�?�9 & Wilmington NC 28403 9�F•p <Dyj Q QG r RE: 137 Westbrook Avenue; Wilmington; New Hanover County, NC NWP 29 Application Revised Action ID# SAW -2017-01036 C Dear Eric: Enclosed is a revised NWP 29 Application submitted on behalf of Mr. Ian Sauer for a lot located at 137 Westbrook Avenue in Wilmington, NC. Mr. Sauer wishes to build a single-family home on the property, which will result in impacts to 0.07 acre of wetlands and 0.015 acre of RPW. The RPW will be filled and the flow it carries will be piped under the proposed driveway to ensure hydrologic connectivity to downstream waters is maintained. Note that the USACE previously issued a NWP 29 for the same amount of impacts as requested in this application. However, the previous plan proposed to reroute the ditch along the lot boundaries. It was later determined that this site plan was not feasible because the driveway will need to curve out from the house slightly to allow vehicles an adequate turning radius when entering/exiting the garage. By making this modification, there is no room to relocate the ditch. Enclosed are the revised PCN form, site maps, and revised site plan. Please let me know if you have any questions or need additional information in order to issue the NWP 29. Thank you for your assistance with this project. Sincerely, 1 V" Kim Williams Environmental Scientist Encl cc: Mr. Ian Sauer Mr. Chad Coburn, NC DWR Ms. Jennifer Burdette, NC DWR www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 oF W AA 7 S9, Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. 1. Applicant Information Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit E] Section 10 Pe tj��F,j,� �'< & 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization VGI 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: 137 Westbrook Avenue 2b. County: New Hanover County 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Mr. Ian Sauer & Cynthia Golden 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3141 John Humphries Wynd, Suite 200 3e. City, state, zip: Raleigh, NC 27612 3f. Telephone no.: 919-787-5100 3g. Fax no.: 3h. Email address: isauer@shgltd.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner): N/A 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Kim Williams 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: (910) 452-0001 5f. Fax no.: (910) 452-0060 5g. Email address: kwilliams@lmgroup.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): R05612-012-001-000 Latitude: 34.222916 °N Longitude: -77.835242 °W 1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 0.42 ac 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to. Bradley Creek proposed project: 2b. Water Quality Classification of nearest receiving water: SC; HQW 2c. River basin: White Oak 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site is currently undeveloped and vegetated. Adjacent land use is undeveloped or residential. 3b. List the total estimated acreage of all existing wetlands on the property: —0.07 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the project is to construct a single-family residence and driveway on the site. Wetland/RPW impacts are needed to create a level area on which to construct the house/garage/driveway and to slope down from the house and driveway. 3e. Describe the overall project in detail, including the type of equipment to be used: The house and driveway footprint will be cleared of vegetation. A 24" reinforced concrete pipe with flared ends will be installed along the eastern and southern property boundaries to ensure that a hydrological connection is maintained through and off site. Fill material will be brought into the site to level the area of disturbance. The home and driveway will then be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ® Final of determination was made? Agency/Consultant Company:LMG 4c. If yes, who delineated the jurisdictional areas? Name (if known): Christian Preziosi Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. Kyle Dahl of the USACE issued the JD on May 18, 2017 (Action ID# SAW -2017-01036). 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. USACE recently issued a NWP 29 for the same amount of wetland and RPW impacts as requested here. However, the previously authorized site plan proposed to relocate the ditch along the lot boundary. It was later determined that this site plan was not feasible because the driveway will need to curve out from the house slightly to allow vehicles an adequate turning radius when entering/exiting the garage. By making this modification, there is no room to relocate the ditch. It will now need to be filled and the water piped under the driveway. Kyle Dahl stated that a new permit application would be needed to fill the ditch and pipe the flow. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ® Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ®P ❑ T Fill for house and driveway Non -Riparian ® Yes ❑ No ® Corps ® DWQ 0.07 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.07 2h. Comments: 3. Stream Impacts NIA If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts: If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ®P ❑ T N/A Fill RPW 0.015 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 1 0. Total open water impacts 1 0.015 4g. Comments: 5. Pond or Lake Construction: N/A If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded I Filled I Excavated Flooded I Filled I Excavated Flooded P1 P2 5f. Total 5g. Comments: See attached site plan for details 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ): N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number — Reason Permanent (P) or for Temporary impact B1 ❑P❑T B2 ❑P❑T B3 ❑P❑T 6i. Comments: ❑ Neuse ❑ Tar -Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6e. I 6f. I 6g. Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Page 6 of 11 Zone 1 impactI Zone 2 impact (square feet) (square feet) D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Because of the location of the wetlands/RPW on the lot, avoidance was not possible. The applicant will install a 24" pipe under the proposed driveway to ensure that a hydrological connection is maintained through and off site. This will occur prior to filling the existing channel. The area to be disturbed is a low -functioning, manmade feature that is used to funnel periodic releases of water from a nearby water tower. Several spoil piles were observed adjacent to the channel, indicating it has been manipulated. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be utilized during construction so that sediment does not leave the site. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank: N/A 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program: N/A 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: N/A 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): N/A square feet 4e. Riparian wetland mitigation requested: N/A acres 4f. Non -riparian wetland mitigation requested: N/A acres 4g. Coastal (tidal) wetland mitigation requested: N/A acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan: NIA 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. N/A 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). N/A 6h. Comments: N/A Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 37% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review: N/A 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review: N/A ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review: N/A 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval F1 Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Project will not provide utilities or access to adjacent tracts. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Project will tie into the local municipality system. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No federally protected species were noted on the site. Several rare species, including the Atlantic sturgeon, manatee, and American alligator are known to occur within a one mile radius of the lot, most likely within Bradley Creek, which is located — 1,000 ft southwest of the site. Furthermore, the site is located within the "White Nose Syndrome Zone" of the northern long- eared bat. The project will clear approximately 0.3 acre of wooded area. There are no existing structures on site that could provide appropriate habitat for the bat. Therefore, no impacts to federally -listed species are anticipated to occur from this project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. No HAPC or EFH Areas were identified within or adjacent to the project site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No cultural or historic resources were noted within or near this site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain. Kim Williams 8/16/2017 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 11 of 11 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the 137 Westbrook Avenue: Wilmington, NC project. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, '4 Applicant �'N Wil. A _ "4: �A ? Print Name p .2 ate PROJECT �. SITE pool (c) OpenStreetMap and contributors, Creative Commons -Share Alike License (CC -BY -SA), Esri, HERE, DeLorme, Mapmylndia, OpenStreetMap contributors *Boundaries are approximate and are not meant to be absolute. Map Source: ArcGIS Open Street Map SCALE 1" = 1 mile 137 Westbrook Ave LMG New Hanover County, NC _ Figure 1 www.lmgroup.net Vicinity Map May 2017 3805 Wrightsville Avenue LMG # 40-17-068 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 r PWJ 'Boundaries are approximate and are not meant to be absolute. Map Source: USGS Wriqhtsville Beach Quadrangle 7.5 minute 137 Westbrook Ave New Hanover County, NC LMG ,,"eLorme. Mapmylndia, www.lmgroup.net May 2017 3805 Wrightsville Avenue LMG # 40-17-068 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 ft SCALE 1" = 200' Figure 2 USGS Topographic Map [Le.mSSeagate fine sand T ri 'Boundaries are approximate and are not meant to be absolute. Map Source: GIS Soils Data 137 Westbrook Ave New Hanover County, NC LMG ,�,�:,�,t NI, N, �:R„L.�P www.lmgroup.net May 2017 3805 Wrightsville Avenue LMG # 40-17-068 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1” = 50' Figure 3 Soils Map *Boundaries are approximate and are not meant to be absolute. Map Source: 2016 NC One Map 137 Westbrook Ave New Hanover County, NC LMG www.lmgroup.net May 2017 3805 Wrightsville Avenue LMG # 40-17-068 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 50' Figure 4 Aerial Photograph PROJECT SITE An AL, N A5 t.w1101 S , A2a '-,, -B3 LEGEND Project Area - 0.42 acres Areas considered to be uplands - 0.351 ac or 83.5% _Areas considered to be jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers - 0.069 acres or 16.5% Areas considered to be Waters of the US (relatively .. .. permanent waters) as regulated by the U.S. Army Corps of Engineers - 130 linear feet 'Boundaries are approximate and are not meant to be absolute. Map Source: 2016 NC One Map SCALE 1 50' 137 Westbrook Ave LMG New Hanover County, NC _ Figure 5 www.lmgroup.net Preliminary May 2017 3805 Wrightsville Avenue Upland/Wetland Sketch LMG # 40-17-068 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 II I Proposed 24" Culvert I J, �,If— 'o,W " PA 4., -1 I'AGI ikp, L FA, I IN IA N' ASF MIN 11LA I SHOWN 'A VA: jitj( PHY-:1 Al ',;(IRV[. y WIN, [Mi N 1 A T 61N rt6TF101 Ip 10! AN AP I C FA6 Jl ii- GRAPHIC SCALE to ZO I RPW Impact: 0.015 ac I WETLAND IMPACT AREA: 0.07 ac (2,965 sf) RPW IMPACT: 0.015 ac (650 sf) (130'x 5') I A 11 VVI! 1 1 1 A )NM I ,11 Af, I (If An,,! WIV 1,1- "A wevana impact: U.U/ dL V ii I It li r V1. 0 Li U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-01036 County: New Hanover U.S.G.S. Quad: Wrightsville Beach - NC GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Ian Sauer 3141 John Humphries Way, Suite 200 Raleigh, North Carolina 27612 Agent: Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Size (acres) 0.42 acres Nearest Town Wilmington Nearest Waterway Tributary to Bradley Creek River Basin White Oak USGS HUC 03020302 Coordinates Latitude:'34.22291 Longitude: -77.83524 Location description: The project area is located at 137 Westbrook Avenue (Parcel ID R05612-012-001-000), in the City of Wilmineton, New Hanover County, North Carolina. Description of projects area and activity: The proposed project involved the permanent placement of fill material in 0.07 acres of jurisdictional wetlands for the purpose of constructing a fill pad and driveway associated with a single family home and the permanent placement of fill material within 0.015 acres of jurisdictional non -wetland waters for the purpose of re-routing the feature to the property line to allow for the construction of the single family home. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 29 — Residential Developments SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached plans titled "137 Westbrook Avenue". Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Kyle Dahl at kyle.i.dahl(a,usace.army.mil or (910) 251-4469. Corps Regulatory Official: Z-1, Date: May 18, 2017 Expiration Date of Verification:. May 18, 2019 -' Determination of Jurisdiction: A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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. C. ® There are waters, including wetlands, within the above described project area that are 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The site contains a feature that meets the wetland criteria identified in the 1987 Corps Delineation Manual and appropriate regional supplement and non -wetland waters that are considered iurisdictional pursuant to Section 404 of the Clean Water Act. The attached map titled "Westbrook Avenue — L33 Tract; Preliminary Upland/ Wetland Sketch" accurately depicts the extent of jurisdictional waters onsite. Additional information on the basis for this determination can be found in the attached Approved Jurisdictional Form dated May 18, 2017. Remarks: E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction 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: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 Division 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 _7/1e/2017 **It is not necessary to submit an RFA form to 'Ole Division Office if you do not object to the determination in this correspondence.** r z Corps Regulatory Official: Kyle o0fil i Date of JD: May 18, 2017 ✓� Expiration Date of JD: May 18, 2022 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 our Customer Satisfaction Survey, located online at http://corpsmayu.usace.army.mil/cm apex/f?p=136:4:0. Action ID Number: SAW -2017-01036 County: New Hanover Permittee: Ian Sauer Project Name: 137 Westbrook Avenue Date Verification Issued: May 18, 2017 Project Manager: Kyle Dahl Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Kyle Dahl 69 Darlington Avenue, Wilmington, NC 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date j / '��C'r�Cl �00 , les NgoiNO O� / k S� C(� 9 TWFZ6 \ wcxarrc / / 4S r R 4t \ �qs q4 �� M BOOK 5945 PAGE 2696 / �' \ ` `6 1 WFZ5 = \ kWFZ4 / &nCfi7f 4� ORtiF �F WFZ3 / JGU / Odd' S /vp R C \ NOW OR FORMERLY F \ \S� �l ROCCO DOROTHY CAMPAGNA \ \ WFzz BOOK 5969 PAGE 219 �A�NN EIP ,S / NOW OR FORMERLY \ -1 �o ��, Wetland Impact: 0.07 ac TREE LEGEND BOOK 55810 PAGE 1256 `� \ 12'0\ '— o OAK � `\ �� P PINE H HOLLY �/ 4/ / \ WF\� \ 4 \ 00" o G GUMBilk t,�� '} 60 A-\ ` a\\ ` A3 / WFA2AOO � NOW OR FORMERLY PW Im act: 0.015 ac 9. �, \\1$ C Qj A R , / GEORGE P NEWKIRK SR p 1 PI E \ k 20 DEBORAH NEWKIRK � \ �O 2/ % / BOOK 5531 PAGE 246716"0 �xF A , p / / PROPOSED GRADE LEGEND (EG) EXISTING POINTS TW TOP OF WALL EIP BW BOTTOM OF WALL , 1 pG PROP. SPOT '18.50 B1 W \ \ 0-99 16.00 BW NOTE: ALL SETBACKS ARE SUBJECT TO REVIEW AND APPROVAL BY ALL PARTIES INVOLVED. w Plat of Survey For: IAN WILLIAM GABRIEL SAUER CYNTHIA CONNELL GOLDEN NE PART OF LOT 33 G.H. AND L.T. ROGERS DIVISION AND 10' EASEMENT CITY OF WILMINGTON NEW HANOVER COUNTY NORTH CAROLINA Legend: EIP EXISTING IRON PIPE • PROPERTY CORNER Address: 137 WESTBROOK AVENUE MICHAEL UNDERWOOD and ASSOCIATES, PA 102 CINEMA DRIVE, SUITE A WILMINGTON, NC 28403 PHONE: 910-815-0650 FAX: 910-815-0393 E-MAIL: muo©bizec.rr.com Firm License #C-0615 16.00 8W .1 �\ 17.00 BW TRACT 1 NE PART OF LOT 33 G.H. AND L.T. ROGERS DIVISION AND 10' EASEMENT 17 402 so. ft. t A 134 19\ \� . 1 0.40 ACRES +/- \ \ WETLAND IMPACT AREA = 0.07 ac (2,965 SF) RPW IMPACT AREA = 0.015 ac (650 SF) (130' x 5') PINCHED PIPE / EIP / DISTURBED / RRA ANS , y EIP S 4k sy4 � h'"roy arp Q n VICINITY MAP NO SCALE Survey Reference c;A MAP BOOK 2 PAGE % G BOOK 5945 PAGE 26*i ? Y' '.' • TRACT 1/TRA(T 2 T -A � L NOTE: TRACT 2 CONTAINS LANGUAGE RELATED TO AN! EASEMENT AREA (SHOWN ON MAP.) G� • EXISTING PHYSICAL SURVEY MONUMENTATION NOTE: THIS LOT IS NOT LOCATED IN AN AREA OF 100 YEAR FLOOD. GRAPHIC SCALE: 1'=40' 0 40 80 120 NOP CAROLINA NEW HANOVER COUNTY P ' V 1, MICHAEL N. UNDERWOOD. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION DESCRIPTION AS SHOWN ON THE FACE OF THIS 1/10,DO + THU)711MNC l ARE SHOWN Si �f��E,,�d.•.•�F��bbM ��IN - DRIVEWAY PIPE BY BROKEN LIN POItK�A?WFERENCED MAY FR ROAD B S INSTALLED AND AFTER STOT .T FTS P +j VJ MCA ROADSIDE SWALES ARE CUT—IN. All CEiT— IGI 2 L h G AS 1 DESIGNED BY: PARA M oLJl\I TE C . N l r ,< , N 6 1 N L MICHAEL N. UNDERWOOD, P.L.S. L N 122 Cinema Drive LICENSE NUMBER L-2962 Wilmington, North Carolina 28403 SEAL OR STAMP V10) 791-6707(0)awl 791-6760 (P) NC U.#:C-2846 2017 (MICHAEL UNDERWOOD and ASSOCIATES, PA permanent waters) as regulated by the U.S. Army Corps of Engineers 154 linear feet; - 5to 10' wide L.\WETLANDS\2017 WETLANDS FILES\40-17-068 -- Westbrook Ave, Part of Lot 33, Branch Smith\MAPS "Boundaries are approximate and are not meant to be absolute. Map Source: 2016 NC One Map Westbrook Ave - L33 Tract New Hanover County, NC LMG AND MAFhGSMLNT (;ft01�� +._. www.imizroup.net March 2017 3805 Wrightsville Avenue LMG # 40-17-068 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 SCALE 1" = 50' Figure 7 Preliminary Upland[Wetland Sketch