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HomeMy WebLinkAbout20081461 Ver 1_More Info Received_20081205 (2)D8- t4Ui The Clark Group POST OFFICE BOX 10136 WILMINGTON, NC 28404-0136 REC F?V - LETTER OF TRANSMITTAL TO: NCDENR- Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Wilmington, NC 28405 U r ?: ? 2008 DENR WO ER QUALITY MTLAWN AND STORM!"tATEF? BRAh?H DATE: 11/21/08 PROJECT #06410 Attn: Chad Coburn WE ARE SENDING YOU x ATTACHED UNDER SEPARATE COVER OTHER (SPECIFY) SHIPPED VIA THE FOLLOWING: NO. DATE DESCRIPTION 1 11/21/2008 Additional Information (SAW-2008-1715) THESE ITEMS ARE TRANSMITTED AS CHECKED BELOW: - FOR APPROVAL - FOR YOUR USE X AS REQUESTED - FOR REVIEW/COMMENT REMARKS/COMMENTS: COPY TO: FILE Received: THE CLARKGROUP Geo-Environmental Services Land/Hydrographic Surveys VIA HAND DELIVERY November 21, 2008 Chad Coburn NCDENR - Division of Water Quality, Wilmington Regional Office 127 Cardinal Drive Wilmington, NC 28405 Re: Permit Application for Proposed Development Coral Ridge Clark Project # 06410 USACE Action ID SAW-2008-1715; DWQ Project #08-1461 Dear Mr. Coburn, This correspondence is in regard to the approximately 41.8 acre tract located adjacent to Bonaire Road, in the County of New Hanover, State of North Carolina, and as referenced above. In response to your request for additional information dated November 4, 2008, please accept the following: 1. Please find enclosed a letter of authorization from Mr. Ken Coffer, authorized agent of Coffer Investment Properties II, LLC. 2. Please reference enclosed revised exhibit for location of sewer lines; all sewer and utility lines will be confined to right-of-ways and no further impacts will be necessary to waters or wetlands of the United States. 3. Please find enclosed plan view and cross section of each proposed impact. 4. The "roads to nowhere" are a requirement of New Hanover County; please reference the enclosed New Hanover County Subdivision Ordinance as provided to the project engineer. The location of these roads aligns them to stub-outs relative to adjacent developments, not associated with our client or this project. Our client is willing to exclude these stub outs from the project design if New Hanover County changes this requirement. 5. The hydrology onsite will be maintained using the current proposed stormwater management system. The permanent pool level of the stormwater pond is 16.75' which is above the base elevation of the adjacent wetland systems and the stormwater pond will serve to continue to hydrate the wetlands. After stormwater has been treated, it will be released into these areas which have historically been the interceptors of storm runoff, Corporate Office: 5000 Blue Clay Rd. Castle Hayne, NC 28429 • P.O. Box 10136 Wilmington, NC 28404 (910) 602-3900 Office 9 (910) 602-3975 Facsimile • www.clarkgroup.us Page 2 November 21, 2008 Coral Ridge which will continue to nourish the wetland systems to further promote the hydrological impetus. 6. The proposed impact to onsite RPW has been included in the impact table; all other impacts have been disclosed (please reference revised PCN). 7. Due to the necessity of potentially having to enter into and retrieve potential storm damage in the form of dead falls or blow downs within the wetland areas that are directly adjacent to the stormwater management ponds, we respectfully exclude these areas from preservation for the succinct purpose as stated. All other un-impacted wetlands will be placed in preservation which will further preclude any development in these areas; please reference enclosed draft preservation document. 8. Jamie Metcalf will be responsible for inspecting all site activities and maintaining required rain gauge and monitoring reports and all sediment and erosion and stormwater devise as prescribed. 9. It is our belief that the aquatic resources are accurately depicted based upon Kim Garvey's site visit with Mr. Brent Ashley of The Clark Group. Please reference our response to the U.S. Army Corps of Engineers "Request for Additional Information." We will provide your office with a copy of the signed wetland delineation map as soon as we receive it from Ms. Garvey, who inspected our delineation and our maps, requested that we dedicate the adjacent roadside ditch as an RPW, which we have done and submitted. She provided verbal concurrence of this delineation to the division of stormwater management via email which indicated that she had accepted this delineation with the assurances she provided to them. It is our belief that the accuracy and verification of this delineation has been completed with the exception of the signed map, which we are anxiously awaiting from Ms. Garvey; please feel free to contact her in regard to this matter. 10. As explained in Item 5, the proposed stormwater plan will not remove hydrology from wetlands, so this office is unclear as to the reason why a revision or modification of the existing State Stormwater Permit SW8080818 would be necessary based upon our static pool within our stormwater management ponds will be equal to or greater to the surrounding wetland topography which would preclude any subsequent subterranean drainage of those areas.. Thank you for your time and consideration in this matter. Please do not hesitate to contact us with further questions or comments. cerel -_O W el' Gary A. Mitchell Regulatory Wetlands Consultant Senior Vice President, Wetlands Division Enclosure Cc: Kimberly Garvey, USACE, 69 Darlington Ave., Wilmington, NC 28403 File THE CLARK GROUP Geo-Environmental Services Land/Hydrographic Surveys VIA HAND DELIVERY November 21, 2008 Kim Garvey U.S. Army Corps of Engineers Wilmington Field Office 69 Darlington Ave. Wilmington, NC 28403 Re: Permit Application for Proposed Development Coral Ridge Clark Project # 06410 USACE Action ID SAW-2008-1715 DWQ Project #08-1461 Dear Ms. Garvey, This correspondence is in regard to the approximately 41.8 acre tract located adjacent to Bonaire Road, in the County of New Hanover, State of North Carolina, and as referenced above. In response to your request for additional information dated October 16, 2008, please accept the following: 1. It is our belief that the aquatic resources are accurately depicted based upon your site visit with Mr. Brent Ashley. These resources are RPWs located primarily along the southern side of Bonaire Road. Please find enclosed a copy of the wetland survey with these areas highlighted. 2. The applicant's telephone number is (910)458-5605. 3. This project will not exceed the Loss of Waters limit authorized by Nationwide Permit 39; please reference revised impact table and site plan. The hydrology onsite will be maintained using the current proposed stormwater management system. The permanent pool level of the stormwater pond is 16.75' which is above the base elevation of the adjacent wetland systems and the stormwater pond will serve to continue to hydrate the Corporate Office: 5000 Blue Clay Rd. Castle Hayne, NC 28429 • P.O. Box 10136 Wilmington, NC 28404 (910) 602-3900 Office • (910) 602-3975 Facsimile • www.clarkgroup.us Page 2 November 21, 2008 Coral Ridge adjacent wetlands. After stormwater has been treated, it will be released into these areas which have historically been the interceptors of storm runoff, which will continue to nourish the wetland systems to further promote the hydrological impetus. 4. All impacts have been disclosed please reference revised impact table and exhibits. a. The proposed impact to onsite RPW has been included in the impact table. b. The first culvert will be removed due to the placement of fill in the RPW at its current location. It will be relocated as demonstrated on the enclosed exhibit to connect to the wetland across the road at the approximate location of wetland flag C5 so as not to impede the normal flows and circulations of the waters of the U.S. as is required. The second culvert is located towards the "back" (west) of the property and is outside of the project area and was most likely installed between 1981 and 1996. It appears that its installation location was in upland at the time of its placement and only due to Rapanos interpretations dedicating drainage systems between two wetland systems as a RPW, would it be a concern at all. We do not feel that it is fair or prudent to include this culvert as an impact to our current project request. C. We maintain that the activity onsite between wetlands B and D occurred at a time when permitting would have allowed minor impacts of this nature (reference 33 CFR parts 320-330 Final Rule November 13, 1986; 33 CFR part 330 Final Rule November 22, 1991), however due to the poor quality of historical aerials, we cannot offer proof of this so we have included this 0.06 acres in the impact table. 5. a. Please find enclosed plan view and cross section of each proposed impact. b. All utility crossings will be constructed within road right-of-ways and will be installed without impacts to waters and wetlands of the United States. All right-of-ways are outside of jurisdictional areas, except those noted as impacts. C. The "roads to nowhere" are a requirement of New Hanover County; please reference the enclosed New Hanover County Subdivision Ordinance as provided to the project engineer. The location of these roads aligns them to stub-outs relative to adjacent developments, not associated with our client or this project. Our client is willing to exclude these stub outs from the project design if New Hanover County changes this requirement. 6. a. This project has been redesigned so as to reduce wetland impacts as much as possible. Due to the narrow shape of the property, the existing road and configuration of wetland systems, roads were designed in a manner to minimize impacts. Furthermore, the project engineer requested and received approval from the county to classify Bonaire as a private road so as to enable us to narrow the road in the areas where wetlands are close. In Page 3 November 21, 2008 Coral Ridge these areas, utilizing 2:1 slopes, the pavement width was reduced by 11 feet and the right-of-way reduced by 10 feet. b. Due to the reconfiguration of the access roads we feel that the minimal impacts requested should preclude us engaging in retaining walls due to the minor nature of the project and the undue expense of such activities. 7. a. At the time of this permit submittal, he Corps Final Rule on Compensatory Mitigation for Aquatic Resources had not been issued. b. To our knowledge and at the present time, there are no available mitigation banks within the eight-digit hydrologic unit where the impacts are proposed to occur. C. We are willing to accept your recommendation of 2:1 payment d. In regard to your recommendation of upland buffers, itis our belief that our client has acted in good faith to retain the integrity and preserve the ecological functions of the adjacent jurisdictional areas to the extent practicable and that buffers would be a further burden to maintain with the same integrity as the adjacent wetlands as it is apparent that this parcel has many challenges to have a viable, economically feasible, esthetically pleasing, publicly accessible and safe project. We have included a 25' COD (conservation overlay district) on the majority of the remaining wetlands which will restrict any development activity within those areas as indicated by the enclosed exhibits. Thank you for your time and consideration in this matter. Please do not hesitate to further questions or comments. contact us with Sinc Gary A. Mitchell Regulatory Wetlands Consultant Senior Vice President, Wetlands Division Enclosure Cc: Chad Coburn - NCDENR-DWQ, 127 Cardinal Drive File , Wilmington, NC 28405 Corporate Office: 5000 Blue Clay Rd. Castle Hayne, NC 28429 • P.O. Box 10136 Wihnin ton 28404 g , NC (910) 602-3900 Office • (910) 602-3975 Facsimile 0 www.clarkgroup.us ?"NNT1, cL r ? r ? i - O 2 ? i,... .?SlthlINIt New Hanover County Subdivision Ordinance L.J h1ARKET_ST WST-TREE,RD M `P03M?HraHpAks. '.s ti MON? CH• 4R F •O 'A t rRA DR y RD ?G w VLQ l1 ?Q NAG LL .p D ?QQ O??\O? tO QUINN_DR UPLAND DR z CQ NCH ?R A UARIUS•DR VAL•E;D.R BAYSHORE DR •? v rn N U r z = y-? U G :? y Z ePyGO N ?C MAVE1 Nf fT1 ` ` l Adopted by the New Hanover Board of County Commissioners on October 18, 1965 Reprinted and Updated March 2008 contract with the city or county to install the street signs and the subdivider shall pay the cost of such installation. (3103) (e) Access to Adjacent Properties The arrangement of streets in proposed subdivisions shall make provisions for the continuation of existing streets in adjoining areas or their proper projection where adjoining land is not subdivided and where they may be deemed necessary for public requirements. For large subdivisions adjacent to large tracts of unsubdivided property, street projections shall be required into the adjacent unsubdivided tracts at a maximum distance of every 1000 feet. The street arrangement shall be such as not to cause a hardship to owners of adjoining property when developed and when they seek to provide for convenient access thereto. The use of residential strips of land in order to prevent the extension of proposed or existing streets or access thereto is prohibited. (3103) (f) Street Connectivity Requirements (11/07) Interconnected street systems promote orderly and safe development by ensuring that streets function in an independent manner, to provide adequate access for emergency and service vehicles and enhance access by ensuring continuous and connected transportation routes. All proposed streets shall be continuous and connect to existing or platted streets without offset with the exception of cul-de-sacs as permitted and except as provided below. The street network for any subdivision shall achieve a connectivity ratio of not less than 1.40. The connectivity ratio shall be defined as the number of street links divided by the number of nodes, including cul-de-sac heads or vehicle turnarounds. A "node refers to the terminus of a street or the intersection of two (2) or more streets. Any curve or bend of a street that has a minimum centerline radius of 100 feet or more shall be considered a node. Roundabouts also shall not be counted as nodes. A divided entrance is one node. A link shall be any portion of a street, other than an alley, defined by a node at either end. Street projections to adjacent properties shall be considered links. For the purpose of determining the number of links in a development, boulevards, median-divided roadways, and divided entrances shall be treated the same as conventional two-way roadways. Street links and nodes along a collector or arterial street providing access to a proposed subdivision shall not be considered in computing the connectivity ratio. Residential streets shall be designed so as to minimize the block length of local streets, to provide safe access to residences with minimal need for steep driveways and to maintain connectivity between and through residential neighborhoods for autos and pedestrians. 17 16 InW11 nodes .1.45 ratio Where necessary to provide access or to permit the reasonable future subdivision of adjacent land, rights-of-way and improvements shall be extended to the boundary of the development. A temporary turnaround may be required where the dead end exceeds 500 feet in length. The platting of partial width rights-of-way shall be prohibited except where the remainder of the necessary right-of-way has already been platted, dedicated, or established by other means. New subdivisions may be exempt from the connectivity radio standard as set forth in this section, provided the appropriate reviewing agency determines there is no option for providing stub streets or connectivity due to existing documented environmental features such as wetlands or natural water bodies or existing adjacent developed property (11/07). (g) Intersections - Street intersections shall be laid out as follows: 1. Streets shall intersect as nearly as possible at right angle and no street shall intersect at less than seventy-five (75) degrees. 2. Intersections with a major street shall be at least eight hundred (1000) feet apart measured from centerline to centerline. (3103) 3. Where a public or private street intersects a U.S. or N.C. numbered highway, or a N.C. secondary road, the intersection design shall be in accordance with the standards of the N. C. Department of Transportation, Division of Highways. 4. Street jogs with centerline offsets of less than two hundred (200) feet shall be prohibited. (3103) (h) Cul-de-sacs (3103)(7103) A street designed to be permanently closed at one end shall have a permanent turnaround at the closed end, the right-of-way and pavement of which shall meet the requirements specified by NCDOT. Cul-de-sacs shall not be longer than 500 ft. Longer Cul-de-sacs may be authorized provided the appropriate reviewing agency determines there is no option for providing stub streets or connectivity due to existing documented environmental features such as wetlands, natural water bodies, topographical features, environmental conditions or physical conditions such as property shape, property accessibility, or land use relationships. (3103) (i) Street Projections (3103) Where there are lots fronting street projections to adjacent properties and services are required, a temporary turnaround shall be constructed at the end of the street at the property line, said turnaround to be constructed in accordance with NCDOT Specifications 1. Where there are no lots fronting street projections to adjacent properties frontage, the frontage being more or less one side lot length, the street may be constructed to the property line and dead-ended with no cul-de-sac required in accordance with NCDOT Specifications 2. The County shall reserve the right to require or not to require the partial or total initial construction of street projections to adjacent properties, or to require guarantee of construction of all or part of such 18 lZNov, 13, 2008: 3:26FM1oF,&SECOF CONSTRUCTION T4?CLAWGROU No, 2794 PP, 2 92/82 THE CLARKGRoup Geo-Environmental Services Land/Hydrographic Surveys l' c , hereby autho6ze The Clark Group to act e« tho agent of Coffer Investment Properties II, LLC in all dealings with :federal and state regulatory agencies on the property locatod adjacent to the noxti,t and south of Bonaire Road an.d west of Carolina Bcach Road, County of New Hanover, State of North CaroUna, Signed; Date: //- / Y - p F Corporate Office: 5000 Blue Clay Road Castle Hayne, NC 28429 - Post Office box 10136 Wilmington, NC 28404 (910) 602-3900 Office • (910) 602-3975 Facsimile + www.rlarkgroup.us Received Time Nov, 18. 2008 3:11PM No. 2792 permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed impacts include the placement of fill in wetlands in order to provide the toe of slope for roads in accordance with the minimum standards set by DOT 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodin Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) g Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) I Fill Forested No N/A .047 2 Fill Forested No N/A .028 3 Fill Forested No N/A 001 4 Fill Forested No N/A 001 5 Fill Forested No N/A .029 6 Dirt Path Existing No N/A .06 Total Wetland Impact (acres) .166 3. List the total acreage (estimated) of all existing wetlands on the property: 9.9 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 acrea a multi 1 len b Y dth th A •d Stream Impact L.7 g w1 , en 1 v1 e by 43, Number Stream Name Type of Impact Perennial or Average Stream Width Impact Length (indicate on map) Intermittent? Before Impact (linear feet) I N/A Fill RPW 4 80 t Updated 11/1/2005 560. Area of Impact (acres) .006 Page 8of13 C) 4g - 1,QrL.0 1, Total Stream Impact (by length and acreage) .006 I -r 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, floodin , drainage, bulkheads, etc. Open Water Impact Site Number Name of Waterbody Type of Waterbody Area of (if applicable) Type of Impact (lake, pond, estuary, sound ba Im act (indicate on map) Y, p ocean, etc.) (acme) Total Open Water Impact (acres) 6. List the cumulative Stream Impa Wetland Imp Open Water Total Impact Total Stream pact to all Waters of the U.S. acres): aci (acres): mpact (acres): to Waters of the U.S. (acres Impact (linear feet): 7. Isolated Waters from the p .006 .166 N/A 172 N/A N/A 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. 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 shoul% be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetla, Describe the method of construction (e.g., dam/embankment, excavation, installatir draw-down valve or spillway, etc.): excavation Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, tro- local stormwater requirement, etc.): stormwater Current land use in the vicinity of the pond:- undeveloped Size of watershed draining to pond: see enclosed Expected pond surface areas, Updated 11/1/2005 Page 9 of 13 WLILAI\JL) ULUIVtH 11v1v iuiHr WETLAND CERTIFICATION The wetlands identified on this plot were located I'll", " ''lk"1,,? ?AR ` using o Trimble Geo XH GPS Receiver which •, ? ?N delivers differentially corrected C/A positions to is d b • O? ••'' ES S / ••.,,7,?, F O ' . as sub er o second by secon ,y p ., y SEAL Davi B. loyd P.L.S. L-3640 L-3640 - ?.r I CORPS CERTIFICATION SUM This certifies that this copy of this plot accurately ?J .." •'-l depicts the boundary of the jurisdiction of Section B.? 404 of the Clean Water Act, pursuant to the 1987 Corps of Engineers Wetlands Delineation Monuol, as determined by the undersigned on this date. Unless there is a change in the low of our published regu - lations, this determination of Section 404 jurisdiction may be relied upon for a period of five years from this dote. A.O.C. Rood E BeOC . For Review A.C.O_ h Corolinc 5 HWv Ac/( W U.S. Army Corps of Engineers Official 0 blic n1f RI PU 160' Hearne Properties Inc. DB. 4456, PG. 0976 Dote n1f o, 1 Lee DB. 1646, PG. 0416 2 N O? n/f Uplands on LEGEND Lots 1-4 & 9-14 3 Lee ^ f-DB. 1277. PG. 0435 ? Wetland Flog 6.91 Acres 4 n/f 5 ' N1= N14 Fisher $ OB. 1385,PG. 0808 No Wetland 6 n/f DeterminoBon Was Mode 7 ° c Seowell DB. 1428, PG. 0653 8m Uplands 9 -' 1 Lots 1-2 5.51 Acres 10 N Carolina Inlet ?- Acres Subdivision Uplands MB. 22, PG. 26 1. 71 Acres 11 2 n/f 12 v Hayes --DDB. 4165, PG. 0082 n1f 13 M - McLomb ? 14 _? QB. 1472, PG. 0643 ? n Al @PL 11 • '-----\McLomb PL - OB. 1282, PC. 0763 Wetlands i--? ' SA 10 nf MS ?•? Gurgonus Total Area 0.61 Acres A25 w l DR. 2830, PG. 0485 41.81 Acres PL Total Wetland A20 T26 C1- ulver? n1f 9,91 Acres (249) C10 C1J, 6- Coffer Total Upland A30 Ls10tt7' 7 DB. 1716, PG. 0365 31.81 Acres (76X) 5 45' Private Access B19 & Utility Easement 815 PL - Wetlands 8 1.6f Acres 1 Wetlands L 0.1f Acres a t11 ?". Wetlands OJ 0.7t Acres " D30 12 _ Wetlands , ulve 1.1± Acres Uplands 13 7.21 Acres Private Road J7 j . ~- 45' R/W J I 14 n1f @PL Simmons Terue OPL _ Uplands DB. 9911, PG. 3089 RPW 17 15 1.41 Acres F1= PL 16 E1 E5 10 11 _ FS PL 17 Wetlands OPL - 0.41 Acres ?' E15 0 E20 25 i 4 E33 E30 n1f 1 Usher O ~ GS DB. 1342, PG. 1586 o C3 M DPL Wetlands '? G 15 Wetlands 4.0± Acres 1.2± Acres G32 OPL Parcel IDJ 25 R08200-001-063-000 15.94± Acres Q RPW (8.54 Wetlands) HI (7.40 Uplands) H8 PL Uplands ®PL 7.21 Acres o Uplands 1.01 Acres U L 70: n/f n/f Phillips Q Bill Clark DB. 4832, PG. 979 0956, PG. 0823 L N 4 n1f n1f Q Bill Clark Bill Clark DB. 4832. PC. 977 DB. 5133, PG. 1523 s..= March 17, 2008 This property7sti,q? Party Chief. B.A. in a flood-hotcf' FIRM CID:370168 Project No.: 06410 (Effective dote Drawn By: M.A.W SURVEY FOR: Mott Murphy 1202 N. lake Park Blvd, Suite A Carolina Beach, NC 28428 Parcel ID: R08200-001-056-00, R08200-001-002-000, R08200-001-063-000 Federal Point Township New Hanover County, North Carolina I I I ?- E SITE WETL AND TIE LINE LINE LENGTH T1 1402.08 T2 295.71 T3 1249.94 T4 124.09 T5 279.15 T6 355.38 T7 556.26 T8 197.27 T9 T 10 Ti] M T12 483.60 T13 361.04 T14 205.52 T15 328.52 T16 1566.83 T17 253.89 T18 1 158.34 T19 327.38 T20 208.54 T21 292.88 T22 528.99 T23 T26 1575.74 268.97 T30 215.77 T31 54.00 T32 - 497.40 - lvnvdawzioE z L5 L6 L7 L8 L9 L10 L I I L12 L13 L14 L15 L 1z 1'17 x 18$ LZUI L2"'75' L22 L23 L24 L25 L26 L27 L28 0 ,a. R 14 f - PO PH. 116.19 Rd VICINITY MAP N.T.S TABLE "T" BEARING N85'30'28 "W N85'33'2I "W N85'33'41 "W N85'33'06 "W '33'06 "W '33'06 "W *40'54"W '40'54"W '16'06"E 16'06 "E 16'06' E ;'16'06"E i' 16'06' E i' 16'06 °E i' 16'58 "E i'00'47"E i' 10' 13' E 5'08'09' E 5'08'09 "E 5'08'09' E E 5'07'16' 5'07'51 ' E 1 154.98 850.01 637.51 " 106.94 110.32 127.54 I 1:27_ 1i S85' 16'U6` 167 431 '08' 96 7'57 g 26 0 54 g 26 128 2'03 20' 19M d. 21.05 / N 24 RCP 21 0 o / N I e 21 • _ e < e e e 4 v v a Y ? W 4/ W W W F- 1 ? " ?J/ W W W W R ! Passive N \I?, ! _Kec Are2.I 60 61 62 N / I „ A WETLAND FILL 2,030.07 S.F. -- / ay / e e , ll V? W W / 21. 45 i CONNECTOR STREET - PLAN VIEW SCALE: I"=30' 30' 15' 0' 30' 60' i 25 23 21 19 1% 61' LIMITS 0 FILL 3 1.5' ---- 26 ROADWAY t 5' SIDEWALK 1=- i PROPOSED FILL 3' i 40' R.O. j 2 2 1? 1 i EXISTING GRADE i I (TYPICAL)---,, CONNECTOR ROAD - CROSS SECTION SECTION A-A HORIZONTAL SCALE: I"=10' VERTICAL SCALE: 1"--2' rwy5m- 777 10' 5' 0' 10' 20' 2' 1' O' 2 4 PROPOSED ACTIVITY.' RESIDENTIAL DEVELOPMENT WETLAND PERMIT DRAWINGS COUNTY: NEW HANOVER FOR CORAL RIDGE CLIENT.' COFFER INVESTMENT PROPERTIES, LLC PERFORMANCE SUBDIVISION MURPHY INVESTMENT PROPERTIES, LLC THE CLARK 1202 N. LAKE PARK BLVD CAROLINA BEACH, NC 28428 GROUP DATE.' NOVEMBER 18, 2008 EXHIBIT MAP - WETLAND IMPACT #1 SHEET 1 OF 1 ':\06410\dwg\X SECLdwg 11/Z11200tl Y:14:JY AM tJl / INSTALL RIP R?P ON SL8(E AROUf?D ?i PIPE WHERE STEEPER WETLAND FILL THAN 3:1 J 1,201.69j/ S. F. t,j Fy 97 -, W 41 L? ? 21.04 -- a ? " - ,1.77 ,"J F.E.S. INV=14.5 - 7/ 7p 7- X42" RCP 80NAIR ROAD - RESIDENTIAL COLLECTOR ROAD - PLAN VIEW ? W/F. E. S. SCALE. 1"--20' I N V--45. 45 INSTALL RIP RAP 20 10' 0" 20' 40' \61N SLOPE\?ROUND PIPE WHERE STEEPER 9R 2 2. 2L 18 ONAIR ROAD - RESSIL =CTION A-A HORIZONTAL SCALE: 1'--10' VERTICAL SCALf.• 1 "=2' 10" 5" 0' 10 20 2' 1, 0 2 O?ERSlDEN17AL DEVELOPMENT WETLAND PERMIT DRAWINGS COUNTY- NEWTHAN FOR CORAL RIDGE CLIENT.' COFFER INVESTMENT PROPERTIES, LLC / Ty k7THHEE CLARK PERFORMANCE SUBDII/ISION MURPHY INVESTMENT PROPERTIES, LLC 1202 N. LAKE PARK BLVD GROUP CAROLINA BEACH, NC 28428 EXHIBIT MAP -WETLAND IMPACT 2 DATE.' NOVEMBER 18, 2008 # SHEET 1 OF 1 SILT FENCE W1-17.69' \ / ' ?y 4.29 W2= 2 L=34.0' \?/T=1.0' ``V WETLAND FILL WETLAND FILL 59.96 S.F. \j/ 1,201.691/S.F. \V ?V \V v o _1 W W W W W 21.77 Y"J F.E.S. _ 18" RCP 21.16 21. INV=14.5 - _ BONAIR ROAD - RESIDENTIAL COLLECTOR ROAD - PLAN VIEW ¦? ? ? ?? ?. ?? ?? .? . ?? , ? SCALE. 1"=20' RP W ?? 20' 10' 0' 20' 40' 25 26 3 2 21 - 2 2 EXISTING GRADE 19 VIA 17 BONAIR ROAD - RESIDENTIAL COLLECTOR ROAD - CROSS SECTION SECTION A-A HORIZONTAL SCALE: 1"=10' VERTICAL SCALE: 1"=2' 10' 5' 0' 10' 20' 2' 1' 0' 2' 4' 55' LIMITS O FILL ROAD A ? SIDEWALK . ? ' R 688.t? CY 3 40 .O. . 1? 1 i ( YPIGAL)) i I HORIZONTAL SCALE. I"=70' 10' 5' 0' 10' 20' THE CLAP GROUP VERTICAL SCALE. I"=2' wi i-m? 2' 1' 0' 2 4 WETLAND PERMIT DRAWINGS FOR CORAL RIDGE PERFORMANCE SUBDIVISION EXHIBIT MAP - WETLAND IMPACT#4 PROPOSED ACTIVITY: RESIDENTIAL DEVELOPMENT COUNTY: NEW HANOVER CLIENT: COFFER INVESTMENT PROPERTIES, LLC MURPHY INVESTMENT PROPERTIES, LLC 1202 N. LAKE PARK BLVD CAROLINA BEACH, NC 28428 DATE: NOVEMBER 18, 2008 SHEET 1 OF 1 WETLAND FILL 1,271.62 S.F. CONNECTOR STREET -PLAN VIEW SSMH-30 22.1 ? 5' SIDEWALK 18" CP -? A SCALE: I "--JO' 30' 15' 0' 30' 60' 26 24 22 20 18 16 CONNECTOR ROAD - CROSS SECTION SECTION A-A C i ve I Rec Ar ca 7-7 - a a 3: Q5. 2 55a° d U 0 m S 3 HORIZONTAL SCALE. I"=10' VERTICAL SCALE. 1"=2' 10' 5' 0" 10' 20' 2' 1' 0" 2' 4' PROPOSED ACTIVITY.• RESIDENTIAL DEVELOPMENT WETLAND PERMIT DRAWINGS COUNTY NEW HANOVER FOR CORAL RIDGE CLIENT.• COFFER INVESTMENT PROPERTIES, LLC PERFORMANCE SUBDIVISION MURPHY INVESTMENT PROPERTIES, LLC THE CLARK 1202 N. LAKE PARK BLVD CAROLINA BEACH, NC 28428 GROUP EXHIBIT MAP -WETLAND IMPACT #5 DATE: NOVEMBER 18, 2008 IV SHEET 1 OF 1 ':\06410\dwy\X SF_CTdw4 1112112008 9.14:59 AM FST - WLTLA D FILL 21.61 S.F. \1/ SDMH-5 u 60" RCP 7 21.72 _ CB-18 60" RCP 18" RCP - ?mom --vL??' RPW ? ? R.P\\ IMPACT,,7 250 S.F. SILT FEKICE W WW `I/ W RESIDENTIAL COLLECTOR ROAD I - PLAN VIEW / BONAIR ROAD - SCALE: 1"=20- 20 40' 20 10' 0 28 26 2, BONAIR ROAD - RESIDENTIAL COLLECTOR ROAD -CROSS SECTION SECTION A-A VERTICAL SCALE. 1 "=2' HORIZONTAL SCALE: I"=10' 2' 4 10' 20' 2' 1 0 10 S' o PROPOSED ACTIVITY: RESIDENTIAL DEVELOPMENT WETLAND PERMIT DRAWINGS COUNTY. NCOFFER EW ANO ETMENT PROPERTIES, LLC FOR CORAL RIDGE MURPHY INVESTMENT PROPERTIES, LLC PERFORMANCE SUBDIVISION 1202 N. LAKE PARK BLVD THE CLARK CAROLINA BEACH, NC 28428 GROUP DATE: NOVEMBER 18, 2008 EXHIBIT MAP - R.P.W IMPACT #1 SHEET 1 OF 1 F?7 50" RCP RESTRICTIVE COVENANT GUIDANCE August, 2003 Often, developers of residential or commercial subdivisions subject the property on which the subdivision is built to restrictive covenants, that include provisions such as setbacks, types of homes/buildings that can be built, etc. If the District has determined that restrictive covenants are acceptable as a means of preserving mitigation property, the following language can be added to those restrictive covenants: "The areas shown on the recorded plat (identify the plat by title, date, and recording data) 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." Usually, restrictive covenants have a provision that the property owners (either all of them or some percentage of them) can amend or modify the restrictive covenants. If that is the case, that provision needs to provide that our required paragraph (usually identified by paragraph number) cannot be amended without the express written consent of the U. S. Army Corps of Engineers, Wilmington District. The permit condition should state that the permittee will record restrictive covenants, acceptable to the Corps of Engineers, for the purpose of maintaining the mitigation areas in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. It is important that the restrictions be recorded prior to the sale of any property within the subdivision (or phase, if it is being developed by phase). If they are not, then any property sold prior to the recording of the restrictive covenant are not subject to those covenants. Suggest the following: "Permittee shall execute and cause to be recorded in the County Register of Deeds restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on the recorded plat* (identify by title, date, and recording data), in their natural state in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of the property, shall take no action on the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers within 15 days of recording." * It is possible and acceptable that the plat may not be recorded at the time of the issuance of the permit. If that is the case, delete the word "recorded" and be sure you have a copy of a plat showing the conservation areas in the file, and identify it in the permit condition by title and date. The plat, however, must be recorded at the time the restrictive covenants are recorded, and prior to the sale of any lots in the subdivision. 2