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HomeMy WebLinkAbout20090514 Ver 1_401 Application_20090509 c/o Municipal Engineering Services Company, P.A. TO NCDENR -401 OVERSIGHT /EXPRESS UNIT 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 WE ARE SENDING YOU X Attached _ Under separate cover via _ - Shop Drawings Prints X Plans - Copy of letter Change Order X Other: _ 11EVVIn] ?I ?Ln]M931LI1lO?L",? 09-05 1 4 DATE 5/4/09 PROJECT NO. M08003 ATTENTION Plan Review and Permit Section RE Ashley Place Subdivision 3, Carteret County, NC 401 Water Quality Certification Request .. AL I -AM the following items: Samples Specifications ITEM COPIES DATE DESCRIPTION Ls u w4 nn 1"I M 1 5 4/30/09 PCN Form with USGS Topographic Map and Aerial Plan UU UU 2 5 4/30/09 MAY 200 Sketches for home layouts lots; 11, 12, 14,15,22 and 25 9 3 5 5/26/05 Wetlands Map, ES&C permit and State Stormwater Application DENR-WATER QUALITY 4 5 5/1/09 Construction Plan Sets (10 sheets each) 5 1 4/30/09 Permit Fee of $240, by Bob Hill Enterprises Inc. BB&T Check No: 223660 6 1 5/4/09 Cover Letter by Michelle Benton, MESCO THESE ARE TRANSMITTED as checked below: X For approval - Approved as submitted Resubmit copies for approval x For your use - Approved as noted Submit copies for distribution _ As requested Returned for corrections Return corrected prints For review and comment Other: REMARKS Also submitted 2 copies to Mickey Sugg - USACE COPY(S) TO: SIGNED: Municipal Engineering Services f Company, P.A. Garner, N.C. f Boone, N.C. Morehead City, N.C. PO Box 828• Morehead City, NC 28557 Ph: (252) 726-9481 Fax: (252) 222-0776 r 09-05 1 4 OPERATIOWCONSTRUCTION QA/QC Municipal Services May 4, 2009 US Army Corps of Engineers Attn: Mr. Mickey Sugg - Project Manager 69 Darlington Avenue Wilmington, NC 28403-1343 401 Oversight Express Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Re: 401/404 Permitting Cypress Village Subdivision Masontown Road SR 1127 Newport, NC 28570 To Whom It May Concern: Enclosed are the construction plans for the proposed construction of a 33 lot ( 1 is open space) realty subdivision in Annexed lands of the Town of Newport, Carteret County, in the White Oak River Basin. The required construction proposes to permanently impact 0.36 acres of 404 jurisdictional wetlands for the construction of the roadway within the subdivision. We are hereby requesting permitting through the USACE under Nationwide permit number 29 and the Non-404 jurisdictional General Water Quality Certification Number 3705. The subdivision was designed with the greatest care to protect the waters of the US. Significant design modifications were made to protect the waters and improve the water quality of the stormwater discharges generated from the development. The Town ordinances required curb and gutter road sections which would result in the construction of 26 foot widths of paved roadway and gutter. Stormwater management would then be facilitated by a "Curb and Gutter' outlet system. The curb and gutter outlet systems simply dumps untreated stormwater from the roadway directly into the roadside drainage channels which typically are vegetated and quite frankly erode and generally do not treat the stormwater to any degree. This type of development meets the state standards however the overall quality of the waters is not truly protected nor is the stormwater actually treated. The curb and gutter systems also provide no protection or storage of floodwaters or flash floods which further erodes the roadside and receiving drainage systems. We worked extensively (5 months) with the Town of Newport in regards to implementing true Low Impact Development Methodologies which have been proven to prevent erosion and provide long term improvements in water quality due to the use of smaller footprints of impervious areas, use of roadside ditches versus direct discharge to wetlands and other water bodies and the provisions of peak attenuation and storage of flood waters on site allowing for recharge to the wetlands and groundwater systems. The Town modified their subdivision ordnances to allow for the use of roadside ditches versus the required curb and gutter sections and they allowed a reduction in the travel lane width of the roadways, and allowed sidewalks on just one side of the roadways to limit the amount of impervious areas. The final design also aligned the new roads with the existing overhead power easement through the project, the roadways are 20 foot paved roads with roadside ditches which typically fill and then discharge to the wetlands or simply store the stormwater until it is infiltrated into the groundwater, there is no actual point discharge from the site the existing ditch system was utilized as much as possible. The existing CIVIUSANITARY ENGINEERS Engineering Company, P.A. Q?c??oe?? MAY 0 5 2009 DENR - WATER QUAUTY WETLANDS AND STORIIIMMl7181i WAO PO Box 97, Garner, North Carolina 27529 (919) 772-5393 PO Box 828, Morehead City, NC 28557 (252) 726-9481 PO Box 349, Boone, NC 28607 (828) 262-1767 drainage ditch system does not outlet from the site as the system was filled in by development downstream of the project area. As described above significant design modifications were already performed to protect and mitigate impacts to the waters of the state. The proposed design provides treatment of the stormwater well above the required levels and forces groundwater and surface water recharging on site. The utilities were also designed to protect the wetlands as we proposed the use of small diameter, low pressure collection system versus gravity collection systems which disturb more land cover and are deeper with allowable infiltration into the joints which ultimately drains wetlands within the site. We appreciate your review and approval of the proposed subdivision; please contact the undersigned should you have any questions or concerns. Sincerely, MUNICIPAL ENGINEERING SERVICES COMPANY, P.A. Michel a L. Benton, NCPE # 22670 1 cc: file 0 -0-)14 z - o?pF W ATERpG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. Applicant Information 1. Processing 1 a . Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit _ 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. 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 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 N 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: Ashley Place 3 2b. County: Carterett 2c. Nearest municipality / town: Town of Newport 2d. Subdivision name: Ashley Place 3 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Bob Hill Enterprises, Inc 3b. Deed Book and Page No. 1053 p 232, and 106 p 152 3c. Responsible Party (for LLC if applicable): D? 3d. Street address: 1301 E Main Street MAY 3e. City, state, zip: Havelock, NC 28532 2uuy 3f. Telephone no.: 252-447-3117 gq QUAti} y 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 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: Michelle L. Benton, PE 5b. Business name (if applicable): Municipal Engineering Services Company, PA 5c. Street address: 312 Commerce Avenue 5d. City, state, zip: Morehead City, NC 28557 5e. Telephone no.: 252-726-9481 5f. Fax no.: 252-222-0776 5g. Email address: mbenton@mesco.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 633808895400000,633808898925000,63380889831500 1b. Site coordinates (in decimal degrees): Latitude: 34.80000 Longitude: - 76.8721 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 30.50 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Unnamed Tributary to Newport River 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: White Oak River 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: The Northern portion of the site was rough graded (bare) approximately 3 years ago for a minor subdivision which was never completed. CP&L high voltage transmission line runs through the site and a very rough roadway is maintained beneth the overhead lines, to limit impacts to the site, our new road was designed to match the existing power line and maintanence road. The original property was farmland whereby draingae ditches were constructed, which use to cross highway 70 towards the shoe branch creek however once Hwy 70 was built and an adjoning subdivision along with some commercial land on Hwy 70 the ditch outlet was blocked and filled in therefore the existing ditch system does not drain. It retains water until it infiltrates. The rest of the site is mostly wetlands and pine forest (8"-15" dia). Part of the drainge on site draws towards the Railroad running along the Eastern boundary of the site whereby an undersized culvert exist, the surface water builds agains the RR embankment then slowly releases thru the 18" culvert. 3b. List the total estimated acreage of all existing wetlands on the property: 15.25 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: None present 3d. Explain the purpose of the proposed project: Realty Subdivion and extension of large diameter water line North to Masontown road to eventualy tie to Chatham Street creating a large loop sytem in the Town Water system providing needed fire flow and required system improvments. 3e. Describe the overall project in detail, including the type of equipment to be used: A 33 lot realty subdivision (1 lot open space) is proposed along with the extension of two existing roads for a total of approximately 2200 If. The topography of the land is such that a ridge running roughly along the power easment generally splits the surface water runoff in an East/West direction. The new road was designed to match the existing CP&L easment thereby reducing the impacts to the wetlands. Since the drainage to the West is blocked by the existing ditch being filled in and since the drainage to the East is restricted by an undersized half plugged culvert under the Railroad tracts the subdision was designed with roadside ditches. The ditch system serves as detention facilities and all of the ditches either dump into wetlands after an extensive amount of tranfer through the vegetative ditches and swales or simply store the stormwater until it infiltrates. The main road Foxhall Drive was designed as a fill section to also limit impacts to the movement of groundwater through the site. Two large culverts are proposed to be placed in the existing dicth at the point of crossing of the new improved roadway, they simply serve to allow a balance of the floodwater in the ditch system creating a hydralic connection across the existing ridge. Normal mechanized equipment will be used to clear the roadways (about 80% clear now) and finish the construction. Page 3 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El 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? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Avolis Engineering Name (if known): Other: Robert M. Chiles Surveyor 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5/26/05 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. Town Preliminary plat-8 lot subdivision along with Erosion and Sediment Control plan about 3 years ago 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 PINE FLAT ® Yes ? No ® Corps ? DWQ 0.36 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 W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: THE WETLAND IS SITUATED IN AN EXISTING POWER LINE EASEMENT 3. Stream Impacts 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 ar fle Temporary (T) (INT)? , other) (feet) e ) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? 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 F 1 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 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, 5a. 5b. Pond ID number Proposed use or purpose of pond 5d. 5e. Stream Impacts (feet) Upland Flooded Filled Excavated I Flooded I Filled I Excavated I Flooded P1 P2 5f. Total 5g. Comments: 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) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts re uire 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 (T) impact B1 ?P?T B2 ?P?T B3 ?P?T 6i. Comments: then complete the chart below. 5c. Wetland Impacts (acres) Buffer Stream name mitigation required? ? Yes ? No ? Yes ? No ? Yes ? No 6h. Total buffer impacts Zone 1 impact Zone 2 impact (square feet) (square feet) ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6e. 6f. 6g. Page 6 of 11 PCN Form -Version 1.3 December 10, 2008 Version 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. Impacts to jurisdictional wetlands associated with Ashley Place 3 have been avoided and minimized to the greatest extent possible. We worked with the Town of Newport to educate them in regards to the theroy of Low Impact Development Design methodologies such as road designs using ditches versus curb and gutter systems, al lowing grassed shoulders versus paved shoulders and reducing the required pavement widths and the requirements for sidewalks on both sides of proposed roads. The Town took four months to rewrite the Town's ordiances to allow ditches and other water quality and protective measures. The subdivision was designed to match the existing maintenance roads and previoulsy graded areas. The ditches are basically flat therefore they will actually treat the stormwater before discharging to wetlands and the site was not designed to drain therefore assuring recharge to the wetlands and groundwater system. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The homesites are developable without impacts to wetlands and the plans include the use of a double row of silt fencing and a minimum of T of clearance from the fencing to the proposed homes as shown on preliminary layouts on the more restrictive sites. Erosion control measures will be implemented throughout construction in order to avoid degradation of wetlands areas. All work in wetlands will be conduted from construction matting to minimize impacts to wetlands. Staging areas and material stockpiles will be placed in upland areas. Due to the shallow ground water system and extensive amout of wetlands the sanitary sewer system was designed as a Low pressure small diameter collection system versus a deep gravity collection system. Small diameter force mains assure no leakage of the groundwater into the sewer as allowed in gravity systems. The shallow force mains limit the amount and depth of construction and temporary impacts to wetlands and hydrologic movement of groundwater and errosion and required clearing of surface vegetation. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ® Yes ? No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps ® Mitigation bank 2c. If yes, which mitigation option will be used for this project? El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Hoffman Forest Wetland Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type Quantity 0.36 3c. Comments: Mitigation credits have not been purchased however we have received confirmation from the mitigation bank that mitigation credits are avaliable. 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 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 buffer mitigation? ? Yes ? No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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). 6h. Comments: Page 8of11 PCN Form - Version 1.3 December 10, 2008 Version 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? 24% 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: The proposed subdivision was designed to exceed the Low Denisty requirements for the coastal stormwater rules effective October 1, 2008. Under this option we would be allowed to install curb and gutter systems which would directly discharge to the wetlands with no treatment of the stormwater just disapation of velocity based on a 10 year frequency storm, therefore flows above the design storm would errod and impact the wetlands. In stead we provided vegetative ditches at flat slopes to actually store and treat all runoff. We also did not design an outlet from the ditch system therefore we establish a system of detention to additionally treat the stormwater and allow for recharge of the groundwater and surface systems. The states stormwater permiting for Low Denisty requirements mandate a limited maximum amout of impervious area per lot. A home owner's association (HOA) will provide the maintenance of the stormwater management system. The HOA charter includes deed restrictions and covenants that state the maximum built upon area for each lot in the subdivision. ? 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 3a. In which local government's jurisdiction is this project? Town of Newport / No local program ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ® Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ® No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 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 letter.) ? Yes ? No 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. 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. Public Sewer sytem for the Town of Newport 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? El 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? http://www.swaw.usace.army.miI/WETLANDS/esa 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? there are no surface water bodies or discharges from the 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? http://hpo.dcr. state. nc. us 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? http://ncfloodmaps.com; NCFIRM Map 3720633800J l Applicant/Agent's Printed Name Applicant/Agent's Slgna a Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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N N °oN Lv Ap J MA F- J N x O ?Y. 0 0 Lri x N Z? 2i?HZVqH N Zt?+7 aQ N O;? t O L J A LI.?1 U J ? ti o z a?w co O I i y O ti \ W U North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary April 21, 2009 LETTER OF APPROVAL VMB MODIFICATIONS RESERVATIONS i Bob Hill Emerprisas; Inc. ATTN: Mr. Robert Hill, Sr. 1301 Main St Havelock, NC 28532 RE: Subd' ? ? 3 RECErVSO APR'9 4 2409 Municipal Ettpineatlttp Swvloea Company, PA Project Name: Ashley Place ivrs?oa Project ID: CARTE-2009-034 Acres Approved: 4.6 County: Carteret, Foxhall Rd., Newport River Basin: White Oak Stream Classification- HQW Submitted By: Michelle L. Benton, PE, Municipal Engineering Services Co., P.A. Date Received by LQS: April 1, 2009 Plan Type: New ' Dear Mr. Hill: This office has reviewed the subject erosion and sedimentation control plan and hemby issues this Letter of Approval with Modifiestions and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately; a revised plan will be required (G.S. 113A-54.1)(b). Please be advised that Title 15A NCAC 4B .01 ? 8(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, yoti should consider this letter to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is perforrasace-oriented, requiring protection of existing natural resources and adjoining properties. If. following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. YY*Wgi n Regbnet Ohre 127 Ca*w Drin atowion. VlNnr' tgton. Nord ('iw*m 280 Phm;(910) 79&72151 Fax (910) 35&2ttt14 Letter of Approval with Modifications and Performance Reservations Project: Ashley Place Subdivision 3 April 21, 2009 Page 2 of 3 Acceptance and approval of this plan is conditioned upon your compliance with federal and state water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land-disturbing activity. This approval does not supersede any other permir or approval. Please be aware that your project will be covered by the enclosed NPDES General Stormwater Permit NCGO10000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosedlgeneral permit. .tha.. --• - ,note. fbal ll =MmkLj.hwod in pstt oLhr,.accuracY.of.QmAnformatiw provided-in Financial Responsibility Form, which you havI provided. You are requested to file an amended form if there is any change in the information cluded on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruetion conference. Your cooperation is appreciated. Sincerely, Daniel Sams, PE Regional Engineer Land Quality Section Enclosures: Certificate of Approval Modifications and Performance Reservations NPDES Permit cc: Michelle Benton, Municipal Engineering Services Co., P.A. FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.) Part A. 1. Project Name Ashley Place Subdivision 3 2. Location of land-disturbing activity: County Carteret City or Township Newport Highway/Street Foxhall Road Latitude 34.8000° Longitude -76.8721 ° 3. Approximate date land-disturbing activity will commence: May 2009 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Residential 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 4.59 6. Amount of fee enclosed: $ 325.00 . The application fee of $65.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585). 7. Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Robert Hill, Sr. E-mail Address Telephone 252-447-3117 Cell # 252-514-7117 Fax # 252-447-3165 9. Landowner(s) of Record (attach accompanied page to list additional owners): Bob Hill Enterprises. Inc. 252-447-3117 252-447-3165 Name Telephone Fax Number. 1301 E Main Street same Current Mailing Address Current Street Address Havelock NC 28532 City State Zip City State Zip 10. Deed Book & Page No. DB/P 1053/232, DB/P 1061/152 Provide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet): Bob Hill Enterprises Inc. Name E-mail Address 1301 E Main Street same Current Mailing Address Current Street Address Havelock NC 28532 City State Zip City State Zip Telephone 252-447-3117 Fax Number 252-447-3165 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name Current Mailing Address E-mail Address Current Street Address City State Zip Telephone, City State Zip Fax Number (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent Current Mailing Address E-mail Address Current Street Address City State Zip City State Zip Telephone Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Robert Hill, Sr. Owner Type or print name Title or Authority Signature Date a Notary Public of the County of -?la State of North Carolina, hereby certify that Lcr y ?4i /1 ? - appeared personally before me this day and being duly sworn acknowl6dged that the above form was executed by him. Witness my hand and notarial seal, this ?_"" day of I /(; h 20 E(;O w County, f_ rJ n Expire s Ida}: Y commission expires ?ji c/o Municipal Engineering Services Company, P.A. TO NCDENR - Wilminaton Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 WE ARE SENDING YOU X Attached _ Under separate cover via Shop Drawings Prints X Plans Copy of letter Change Order X Other: _ Samples the following items: _ Specifications ITEM COPIES DATE DESCRIPTION 1 1 3/26/09 Cover Letter 2 2 3/26/09 Original and one copy of stormwater management permit application form 3 1 NA Processing fee of $505:00 payable to NCDENR ( BB&T Check No. 223574) 4 2 3/26U09 Original and one copy of low density residential subdivisions deed restrictions & conveniences 5 2 3/26/09 Original low density supplement form 6 1 5/26/05 Signed wetlands delineation survey by Robert M Chiles & Mickey Sugg 7 1 3/26/09 Original grassed swale O & M agreement 8 2 3/26/09 Original grassed Swale supplement and checklist 9 1 NA Site deeds 10 1 NA Applicant's Corporation Certification 2 3/26/09 Original and 1 copy of plans ( 12 sheets) - includes calculations and narrative 1 11 ! JNL- 11\!'UV'7IVI1 I I Cu CJ ujtn rt--U uufuw. X For approval - For your use - As requested For review and comment _ Approved as submitted _ Approved as noted Returned for corrections Other: Resubmit copies for approval Submit copies for distribution Return corrected prints KtMAKKS Simultaneous submittal with Erosion and Sediment Control permit application. Municipal Engineering Services ?/- Company, P.A. Garner, N.C. Boone, N.C. Morehead City, N.C. PO Box 828 Morehead City, NC 28557 Ph: (252) 726=9481 Fax: (252) 222-0776 Lr DATE 3/26/09 PROJECT NO. M08003 ATTENTION Rick Shiver - Stormwater Review RE Ashley Place 3 - Realty Subdivision Stormwater Management Permit Application - Low Density Subdivision - COPY(S) TO Dt1WQ USE OTvtiY Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Bob Hill Enterprises, Inc. 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Robert Hill, Sr. - President / Owner 3. Mailing Address for person listed in item 2 above: 1301 E Main Street City:Havelock State:NC Zip:28532 Phone: L252 ) 447-3117 Fax: (252 ) 447-3165 Email: 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Ashley Place Subdivision 3 5. Location of Project (street address): Acreage between FoxHall Rd. and Cannon Blvd City:Newport County:Carteret Zip:28570 6. Directions to project (from nearest major intersection): The proposed subdivision entrance is 1190' east of the intersection of US Hwy 70 and Cannon Blvd in the town of Newport. 7. Latitude:34° 48' 00" N Longitude:-76° 52'13" W of project 8. Contact person who can answer questions about the project Name:Michelle L. Benton Telephone Number: (252 ) 726-9481 Email:mbenton@mesco.com II. PERMIT INFORMATION: Form SW-101 Version 09.25.08 Page 1 of 4 1. Specify whether project is (check one): ®New ?Renewal ?Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): ®Low Density ?High Density ?Redevelop ?General Permit ?Universal SNIP ?Other 4. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ?CAMA Major ®Sedimentation/Erosion Control ®404/401 Permit ?NPDES Industrial Stormwater III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Stormwater management by use of Low Impact Development methodologies including no curb & gutter and vegetative conveyances through the use of roadside ditches and yard swales. 2. Stormwater runoff from this project drains to the White Oak River basin. 3. Total Property Area: 30.50 acres 4. Total Coastal Wetlands Area: 0 acres 5. Total Property Area (3) - Total Coastal Wetlan ds Area (4) = Total Project Area**:30.50 acres 6. (Total Impervious Area / Total Project Area) X 100 = Project Built Upon Area (BUA):24 % 7. How many drainage areas does the project have?l 8 Basra Ifouii, than }=)r ?iTia?;?Area 1 - I )rai1? age Area: Receiving Stream Name Newport River Stream Class & Index No. "C", 21- (1) Total Drainage Area (sf) 1,328,580 On-site Drainage Area (sf) 1,328,580 Off-site Drainage Area (sf) 0 Existing Impervious* Area (sf) 0 Proposed Impervious*Area (sf) 318,865 % Impervious* Area (total) 24.00 „Irnp'eivic?i?? ?urtace Area Iharndr .??i?a l Uraina-ge :Gra w On-site Buildings (sf) 259,446 On-site Streets (sf) 50,092 On-site Parking (sf) 0 On-site Sidewalks (sf) 9,327 Other on-site (sf) 0 Off-site (sf) 0 Total (sf): 318,865 impetuous area is aepnea as the buitt upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 09.25.08 Page 2 of 4 Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. For high density projects, complete the table with one drainage area for each engineered stormwater device. **Total project area shall be calculated to exclude Coastal Wetlands from use when calculating the built upon area percentage calculation. This is the area used to calculate overall percent project built upon area (BLIA). 9. How was the, off-site impervious area listed above derived?By use of computer aided drafting software. Projects in Union County: Contact the DWQ Central Office staff to check to see if you project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements. IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following property restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment. Forms can be downloaded from http://h2o.enr-.state.nc.us/su/bmi2 forms.htm - deed restrictions. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded property restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater Permitting Unit at (919) 807-6300 for the status and availability of these forms. Forms can be downloaded from h=://h2o.enr.state.nc.us/su/bW forms.htm. Form SW401-Low Density Form SW401-Curb Outlet System Form SW401-Off-Site System Form SW401-Wet Detention Basin Form SW401-Infiltration Basin Form SW401-Infiltration Trench Form SW401-Bioretention Cell Form SW401-Level Spreader Form SW401-Wetland Form SW401-Grassed Swale Form SW401-Sand Filter Form SW401-Permeable Pavement Form SW401-Cistern Low Density Supplement Curb Outlet System Supplement Off-Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement Permeable Pavement Supplement Cistern Supplement Form SW-101 Version 09.25.08 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at hqp://h-o.enr.state.nc.us/su/msi maps.htm) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item.-, Initi• Original and one copy of the Stormwater Management Permit Application Form • Original and one copy of the Deed Restrictions & Protective Covenants Form (if required as per Part IV above) _'I • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP /"I • Permit application processing fee of $505 (Express: $4,000 for HD, $2,000 for LD) payable to NCDENR • Calculations & detailed narrative description of stormwater treatment/ management • Copy of any applicable soils report • Two copies of plans and specifications (sealed, signed & dated), including: - Development/ Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/ project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf (such as additional information requests), please complete this section. (ex. designing engineer or firm) Designated agent (individual or firm):Municipal Engineering Services Companv, P.A. Mailing Address:312 Commerce Avenue, Suite F City:Morehead City State:NC Zip:28557 Phone: (252 } 726-9481 Fax: (252 ) 222-0776 Email:mbentoTi@mesco.com VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) Robert Hill, Sr. certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .10001 A Signature: Date: 96 - fly Form SWU-101 Version 09.25.08' Page 4 of 4 The following covenants are intended to ensure ongoing compliance with State Stormwater M a n a g e m e n t P e r m i t Number , as issued by the Division of Water Quality under NCAC 2H. 9000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. These covenants are to run with the land and be binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. *AL OTMENT VARIES - SEE ATTACHED TABLE The maximum allowable built-upon area per lot is quare feet. This allotted amount includes any built-upon area constructed within the 1 prope boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built-upon area for that lot than is shown herein, the governing maximum built-upon area for that lot shall be the most restrictive of the two. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and surface waters. All roof drains shall termi ast foot from the mean high watermark of surface waters. Signature: w Date:'-31 2 L _ 0 j In accordance with Title 15 NCAC 2H.1000, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built-upon" area consistent with the applicable regulation governing the density level. I, ROBERT HILL, SR. acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for ASHLEY PLACE SUBDIVISION 3 prior to the sale of any lot: 2. 3. 4. 5. 6. 7. 8. 9. 10 a Notary Public in the State of C1rA_41 1n4zlz2 County of 019,')l6w do hereby certify that r J- ZL Z/ personally appeared before me this the Q? day of 1)7,6 r l7 , 20-09, and acknowledge the due SEAL nature Low Density Residential Subdivisions Deed Restrictions & Protective Covenances n of the foregoing instrument. Witness my hand and official seal, Tanya J. Hoffa Notary Public Onslow County, NC My Commission Expires May 10, 2011 Commission expires" Form DRPC-5 Rev.I Page 1 of 1 i ASHLEY PLACE 3 IMPERVIOUS AREA (MAX BUA) ALLOTMENT LOT LOT AREA IMPERVIOUS AREA NUMBER SQUARE FEET ACRES SQUARE FEET ACRES R.O.W. 117,705 2.70 ROAD N/A 50,092 1.15 SIDEWALK N/A 9,327 0.21 1 17,746 0.41 8,885 0.20 2- 28,105 0.65 8,885 0.20 3 40,373 0.93 8,885 0.20 4 91,303 2.10 8,885 0.20 5 43,067 0.99 8,885 0.20 6 42,994 0.99 8,885 0.20 7 34,068 0.78 7,862 0.18 .8 17,720 0.41 7,862 0.18 9 22,735 0.52 7,862 0.18 10 15,435 0.35 7,862 0.18 11 29,372 0.67 5,200 0.12 12 114,572 3.06 5,200 0.12 13 57,580 1.32 7,862 0.18 14 55,016 1.26 5,200 0.12 15 49,587 1.14 2,700 0.06 16 42,588 0.98 7,862 0.18 17 35,544 0.82 7,862 0.18 18 43,379 1.00 8,885 0.20 19 15,024 0.34 7,862 0.18 20 15,385 0.35 7,862 0.18 21 15,780 0.36 7,862 0.18 22 35,610 0.82 7,862 0.18 23 31,180 0.72 7,862 0.18 24 15,096 0.35 7,862 0.18 25 22,709 0.52 7,862 0.18 26 147,567 3.39 8,885 0.20 27 17,902 0.41 8,885 0.20 28 17,902 0.41 8,885 0.20 29 17,897 0.41 8,885 0.20 30 17,889 0.41 8,885 0.20 31 17,881 0.41 8,885 0.20 32 17,872 0.41 8,885 0.20 33 17,799 0.41 8,885 0.20 TOTAL 1,328,580 30.50 318,865 7.32 *MAX BUA = MAXIMUM (ALLOWABLE) BUILT UPON AREA TABLE BY: MUNICIPAL ENGINEERING SERVICES COMPANY, P.A. MARCH 26, 2009