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HomeMy WebLinkAbout20051371 Ver 1_Complete File_20060606O?O? WA T FgpG r o `ii? _;? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 19, 2006 Mr. William Stillwagon Rial Corporation 319 South Maple Avenue Greensburg, PA 15601 DWQ Project # 05-1371, Ver. 2 Bertie County Subject Property: Innsbrook Golf Course and Residential Community Salmon Creek [CH004, 25-24, C, NSW] Approval of 401 Wafer Quality Certification with Additional Conditions Dear Mr. Stillwagon: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.365 acres of wetland for the purpose of constructing the golf course and residential community at the subject property, as described within your application dated April 20, 2006, and received by the N.C. Division of Water Quality (DWQ) on April 24, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved Noi Carolina tura!!y 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) I Plan Location or Reference 404/CAMA Wetlands 0.365 acres PCN page 8 of 12 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Rial Corporation Page 2 of 3 May 19, 2006 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Deed Notifications Section VII Impact Justification (Avoidance and Minimization) of your PCN application states, "No fill will be required for the golf course construction or 399 proposed lots. " Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 4. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Rial Corporation Page 3 of 3 May 19, 2006 Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 5. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. C. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 7. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 213.0233 and GC 3404; 8. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Rial Corporation Page 4 of 3 May 19, 2006 Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. AWK/?m Enclosures: GC 3404 Certificate of Completion Sincerely, /--11 Alan W. Klimek, P.E. cc: Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402 Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 051371 Ver2lnnsbrookGo]fCourseResidentialCommunity(Bertie)401 reviews 1 of 1 Subject: reviews From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Wed, 17 May 2006 16:21:00 -0400 To: Ian McMillan <ian.mcmillan@ncmai1.net> 05-1371 vs 2 Innsbrook 14 Issue normal conditions Chowan 4/24/2006 05/17/06 NW 06-0455 Jimmy Ferebee Pasqotank 5/16/2006 05/17/06 IP Issue normal conditions KB 5/17/2006 4:21 PM FILE COPY l (//, .re :11o;r x521 ?Y rrn" "? :%3t worn AID d Ol/ Vlwhoyfiw Arw :9//1-4(Ji2 (1001 a _. 9/0-'/J'2-0060 April 20, 2006 TO: Ms. Cyndi Karoly Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Innsbrook Tract; Bertie County, NC; Rial Corporation '* 1>wG- # o s - 13 7- I, Vc t- . 2 Additional Information Dear Cyndi: Thank you for your letter dated April 13, 2006 in which you request that the permit application for the Innsbrook Tract be resubmitted using the current March 2005 version of the PCN form. Enclosed are five copies of the revised application on this form. Please let me know if you have any additional questions. Thank you for your assistance with this project. Sincerely, 4'1-? W\?`"? Kim Williams Wetland Scientist Encl. ???r=avo APR 2 4 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER MRANCH C: Mr. William Stillwagon, Rial Corporation Mr. Kyle Barnes, DWQ Ms. Tracey Wheeler, ACOE Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14: GC 3404 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check ? Q V Q II. Applicant Information APR 2 4 2006 1. Owner/Applicant Information DENR - WATER QUALITY Name: Rial Corporation c/o Mr. William Stillwagon WEUNDS smRWArER BRANCH Mailing Address: 319 South Maple Avenue Greensburg, PA 15601 Telephone Number: (734) 834-5010 Fax Number: (734) 834-2711 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Ms. Kim Williams Company Affiliation: Land Management Group Inc. Mailing Address: P.O. Box 2522 Wilmington NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: kwilliamsglmgroup.net Updated 11/1/2005 Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Innsbrook Golf Course & Residential Community 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Bertie Nearest Town: Windsor Subdivision name (include phase/lot number): Innsbrook Directions to site (include road numbers, landmarks, etc.): From Washington, take US 17 north past Windsor. Turn right onto NC 45/3 South. Turn left onto Avoca Farms Road, which will take you into site (see vicinity app 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.9974 ON 76.6943 °W 6. Property size (acres): - 900 acres 7. Name of nearest receiving body of water: Albemarle Sound 8. River Basin: Pasquotank River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Adjacent land use is farmland or undeveloped. The property currently is farmland or forested. 10. Describe the overall project in detail, including the type of equipment to be used: This project will consist of a residential subdivision with 399 lots. The applicant will initially Updated 11/1/2005 Page 6 of 12 complete grading Planned roads and stormwater conveyances will be constructed. Infrastructure such as water will then be installed. The existing lake will be drained and elevations may be lowered in places as much as 2 feet. Then water will reenter lake. Finally, lots will be sold for individual development 11. Explain the purpose of the proposed work: To build a residential subdivision with an 18- hole golf course within the tract IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The 404 wetland line was delineated by Land Management Group, Inc. Ms Tracey Wheeler of the U.S. Army Corps of Engineers reviewed the line and signed the wetland survey on 6/21/05 (Action ID# 200511140). It should be noted that the applicant has received a CAMA Major Permit for shoreline stabilization along Albemarle Sound. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permit requests are anticipated for this site. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The applicant proposes to impact 0.365 acre of 404 wetlands. Updated 11/1/2005 Page 7 of 12 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, cennrntPly list imnnrtc rhie to hnth -,tnichire and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Fill/culvert forested No -200 0.365 Total Wetland Impact (acres) 0.365 3. List the total acreage (estimated) of all existing wetlands on the property: 103.34 ac 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 mnct he inclnrlerl Tn cnlenlnte nerenue_ multinly lenuth X width- then divide by 43.560. N/A Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) N/A Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill- excavation- dredging- flooding. drainage. bulkheads. etc. N/A Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) 6. List t: Updated 11/1/2005 le cumulative impact to all Waters of the U.S. resulting from the project Stream Impact (acres): Wetland Impact (acres): 0.365 ac Open Water Impact (acres): Page 8 of 12 Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ® uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): expansion of existing ponds and excavation of uplands Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater treatment Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has taken great care in the site design in order to avoid and minimize impacts to 404 wetlands. The entire site is approximately 900 acres and contains over 100 acres of wetlands. Many wetland fingers extend through the site and several crossings are needed to access uplands within the tract. However, bridges will be used in three of the four crossings to reduce impacts. The applicant had initially planned to build a bridge at this crossing as well but bridge construction costs for all four crossings would have made this project economically unfeasible (between $200,000 and $400,000 per crossing.) No fill will be required for the golf course construction or the 399 proposed lots VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Updated 11/1/2005 Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant proposes to restore wetlands by removing nineteen berms. This is a 3.23 to 1 restoration to impact ratio Please see the mitigation plan for additional details. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: N/A Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No Updated 11/1/2005 Page 10 of 12 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact Required Zone* , ,,..,.-,. ,?-", Multiplier 7,44"-+',- 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations Updated 11/1/2005 Page 11 of 12 demonstrating total proposed impervious level. There is no existing impervious cover within the site Total proposed impervious cover will consist of up to 399 homes with driveways and 60' wide road right-of-ways This will be approximately 6.2% of the entire site. The applicant will install silt fencing around the construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with an annual grass to prevent temporary erosion. A stormwater plan is being developed for the site XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This subdivision will tie into the local sewer system. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The applicant will install silt fencing around the construction area to reduce erosion into wetland areas Adjacent side slopes will be seeded with an annual grass to prevent temporary erosion. A stormwater plan is being developed for the site XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A 0, ?J ?? Applicant/Agent's Signature Daie (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 ?0? W A TEj9o Michael F. Easley, Governor ?0 QY G William G. Ross Jr., Secretary tom" North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality April 13, 2006 DWQ Project # 05-1371, Ver. 2 Bertie County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. William Stillwagon Rial Corporation 319 Maple Avenue Greensburg, PA 15601 Subject Property: Innsbrook Golf Course & Residential Community Salmon Creek [CH004, 25-24, C, NSW] REQUEST FOR MORE INFORMATION Dear Mr. Stillwagon: On April 7, 2006, the Division of Water Quality (DWQ) received your application dated April 4, 2006, to impact 0.365 acres of wetland to construct the proposed golf course and residential subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please resubmit your application using the current March 2005 Version of the PCN application (attached). Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hip://h2o.enr,state,nc.us/ncwetlands None Carolina Naturallly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Rial Corporation Page 2 of 2 April 13, 2006 Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKlijm Enclosures: March 2005 Version of PCN Application cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402 Filename: 051371 V er2Innsbrook(B ertie)On_Hold ( r (!-/7'1^llf?J2Y/?P//2lfL? ? (I?4?1?7I(?'//2?? ? ? ?j 'y, ? ?,ji ,'g?g? (1?ice%3o.r l.?ll ?tlr/l?tijyk)'n, ./I,? Ile, (berm&Off 8,1, 11 Almw : !R//:i Mi0>i/11rill ,'I renff V((i/i J. I/060 V1))04'0714'w, .; I '(""S'lvov ((r((rnr. 4)117 IN(`L/IP? April 3, 2006 TO: Ms. Cyndi Karoly 5- 13 -71 ilea. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Innsbrook Tract; Bertie County, NC; Rial Corporation 401 Water Quality Certification Application Dear Cyndi: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of Rial Corporation for a 900-acre tract located in Bertie County, NC. The applicant is proposing to construct a residential community with an 18-hole golf course within this property. Although he has attempted to minimize wetland impacts through careful site design and the construction of bridges over wetlands where possible, 0.365 acre of wetland impact is required to cross one wetland finger in order to provide access to uplands. Please note that the applicant . applied for a permit in July of 2005 for a road crossing but then withdrew the application and decided to bridge all of the wetland crossings. After further examination of the costs associated with these bridges, the applicant has determined that a culvert will indeed be needed at one crossing. Also please note that the applicant received the Corps letter dated 2/10/06 notifying him of the unauthorized fill material within the eastern section of the tract. This material has been removed and I have also enclosed pictures of the restored wetland area. The Pre-Construction Notification form, associated maps, site plan, and mitigation plan are enclosed for your review. In addition, the $200 application fee is also enclosed. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, Kim Williams Wetland Scientist Encl. C: Mr. William Stillwagon, Rial Corporation Mr. Kyle Barnes, DWQ Ms. Tracey Wheeler, ACOE 212@99Y0,00 APR -- 7 2006 DENR - WATER QUALi iY WETLANDS AW STOWWATER BRANCH ?2cL?/1?2ayc evw4d ?64"96, #nc. ?n-2?a'2aoa?2P?cc? Yeb/ 61lice 55tvx 2522 7 1)H6tyfen, A4& &W(ina 28402 gnreyteianc>i?yce mat 3801 (Atc?Zilj tr lle ?Ztrentie wile 15 9XIm n ffaia, Jr. 2840.3 April 3, 2006 TO: Ms. Tracey Wheeler U.S. Army Corps of Engineers P.O. Box 1000 Washington, NC 27889 RE: Innsbrook Tract; Bertie County, NC; Rial Corporation Nationwide 14 Permit Application Action ID# 200511140 and 200610429 Dear Tracey: /acne: 9?0-?52-0004 Aax: J40-452-OOGO rc err.Int iacci.)Wl Enclosed is a NWP 14 application for your review. This application is submitted on behalf of Rial Corporation for a 900-acre tract located in Bertie County, NC. The applicant is proposing to construct a residential community with an 18-hole golf course within this property. Although they have attempted to minimize wetland impacts through careful site design and the construction of bridges over wetlands where possible, 0.365 acre of wetland impact is required to cross one wetland finger in order to provide access to uplands. The applicant applied for a permit in July of 2005 for a road crossing but then withdrew the application and decided to bridge all of the wetland crossings. After further examination of the costs associated with these bridges, the applicant has determined that a culvert will indeed be needed at one crossing. Also please note that the applicant received your letter dated 2/10/06 notifying him of the unauthorized fill material within the eastern section of the tract. This material has been removed and I have also enclosed pictures of the restored wetland area. The Pre-Construction Notification form, associated maps, site plan, and mitigation plan are enclosed for your review. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, I , Kim Williams Wetland Scientist Encl. C: Mr. William Stillwagon; Rial Corporation MT. Kyle Barnes, DWQ Ms. Cyndi Karoly, DWQ Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC 3404 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 forfurther details), check h p :-? r= n r o II. Applicant Information APR 2006 1. Owner/Applicant Information Name: Rial Corporation c/o Mr. William Stillwagon VOLA DSANDS IOWWATB BRAKH Mailing Address: 319 South Maple Avenue _ Greensburg, PA 15601 Telephone Number: (734) 834-5010 Fax Number: (734) 834-2711 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Ms. Kim Williams Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 Wilmington. NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: kwilliams a lmaroup.net Page 5 of 12 III. Project Information 6 Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch forinat; however, DWQ may accept paperwork of any size. DWQ prefers frill-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Innsbrook Golf Course & Residential Community 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 4. Location County: Bertie . Nearest Town: Windsor Subdivision name (include phase/lot number): Innsbrook Directions to site (include road numbers, landmarks, etc.): From Washington. take US 17 north past Windsor. Turn right onto NC 45/3 South. Turn left onto Avoca Farms Road which will take you into site (see vicinity map). 5. Site coordinates, if available (UTM or Lat/Long): 35_.9974°N 76.6943°W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Property size (acres): - 900 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Albemarle Sound 8. River Basin: Pasauotank River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.eiir.stite.ne.us/admin/maps?/-' 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Adjacent land use is farmland or undeveloped. The property currently is farmland or forested. Page 6of12 10. Describe the overall project in detail, including the type of equipment to be used: This project will consist of a residential subdivision with 399 lots. The applicant will initially complete grading. Planned roads and stormwater conveyances will be constructed. Infrastructure such as water will then be installed. The existing lake will be drained and elevations may lowered in places as much as 2 feet. Then water will reenter lake. Finally, lots will be sold for individual development. 11. Explain the purpose of the proposed work: To build a residential subdivision with an 18-hole golf course within the tract. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The 404 wetland line was delineated by Land Management Group, Inc. Ms. Tracey Wheeler of the U.S. Army Corps of Engineers reviewed the line and signed the wetland survey on 6/21/05 (Action ID# 200511140). It should be noted that the applicant has received a CAMA Major Permit for shoreline stabilization along Albemarle Sound. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permit requests are anticipated for this site. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 applicant proposes to impact 0.365 acre of 404 wetlands. Page 7 of 12 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Fill/culvert 0.365 No -200 forested * List each impact separately and identify temporary impacts. 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 flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at littp://www.fema.,ov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property Total area of wetland impact proposed: 0.365 acre 103.34 ac 3. Individually list all intermittent and perennial stream impacts below: N/A Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (pleasespecify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone. coin, www. nV_ )ucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List cach impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ® uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): expansion of existing ponds and excavation of uplands Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): stormwater treatment Size of watershed draining to pond: n . Expected pond surface area: I VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has taken great care in the site design in order to avoid and minimize impacts to 404 wetlands. The entire site is approximately 900 acres and contains over 100 acres of wetlands. Many wetland fingers extend through the site and several crossings are needed to access uplands within the tract. However, bridges will be used in three of the four crossings to reduce impacts. The applicant had initially planned to build a bridge at this crossing as well, but bridge construction costs for all four crossings would have made this project economically unfeasible (between $200,000 and $400,000 per crossing). No fill will be required for the golf course construction or the 399 nronosed lots. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Pane 9 of 12 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.ne.us/ncwetlands/strmQide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant proposes to restore wetlands by removiniz nineteen berms. This is a 3.23 to 1 restoration to impact ratio. Please see the mitig-ation plan for additional details. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) fiends or the use of public (federal/state) land? Yes ? No Z If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. There is no existing impervious cover within the site. Total proposed impervious cover will consist of up to 399 homes with driveways and 60' wide road right-of-ways. This will be approximately 6.2% of the entire site. The applicant will install silt fencing around the construction area to reduce erosion into wetland areas. Adjacent side slopes will be seeded with an annual grass to prevent temporary erosion. A stormwater plan is being developed for the site. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This subdivision will tie into the local sewer system. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? V? ul A ,W. i -,s Is this an after-the-fact permit application? Yes ? No ? XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A r \1 \J?? V? ,?/Lt 1 © b Applicant/Agent's Signature 'Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 M2711 4^tT.. MA.-r onlan -- - - - - 12:50:37 07-18-2005 2 /2 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 404/401 permit application for the Innshrook Tract located in Berrie County, NC. All questions in regards to this application should be directed to Land Management Group, Inc. S?Gvd.+? n A Owner/ pplicant Date V, Innsbrook Golf Course and Residential Community Mitigation Plan Bertie County, North Carolina Prepared by: Land Management Group, Inc. Wilmington, NC Prepared for: RIAL Corporation Greensburg, PA March 2006 V. Table of Contents List o Figures .......................................................................................................................... ii 1.0 Introduction .............................................................................................................................3 2.0 Site Description .......................................................................................................................3 2.1 Wetlands .............................................................................................................................3 2.2 Soils ....................................................................................................................................3 2.3 Vegetation ...........................................................................................................................4 3.0 Wetland Restoration ...............................................................................................................4 4.0 Monitoring ...............................................................................................................................4 5.0 Implementation Schedule .......................................................................................................5 6.0 Summary ...........................................:......................................................................................5 i List of Figures Figure 1. Vicinity map ..............................................................................................................6 Figure 2. Topographic map ......................................................................................................7 Figure 3. Wetland survey ..........................................................................................................8 Figure 4. Soils map ...................................................................................................................9 Figure 5. Site plan showing proposed wetland impacts and mitigation .................................10 11 i 1.0 Introduction In order to mitigate for 0.365 acre of 404 wetland impacts associated with the Innsbrook project in Bertie County, North Carolina, the applicant proposes to restore wetlands on-site by removing nineteen berms. This tract is approximately 900 acres in size and is located off of Avoca Farms Road, near Windsor in Bertie County, NC (Figures 1 and 2). It is bound by Albemarle Sound to the east, Salmon Creek to the north, and Walnut Swamp to the south. This tract had been in agricultural production for many years and now contains fallow fields. Most of the fields have been designated as Prior Converted (PC) by the Natural Resources Conservation Service (MRCS). Many years ago, berms were installed within wetlands fingers throughout the tract to provide easy access to uplands located on the other side of the fingers. The applicant, proposes to restore wetlands by removing nineteen of these berms that total 1.18 acres in size. These areas will then be planted with a wetland seed mixture. 2.0 Site Description 2.1 Wetlands Staff of Hobbs, Upchurch & Associates and Land Management Group, Inc. delineated the 404 wetlands within the site in 2005. Ms. Tracy Wheeler of the U.S. Army Corps of Engineers reviewed this line and approved the wetland survey on June 21, 2005 (Figure 3). The site contains approximately 103.34 acres of 404 wetlands that are located within the northern and southern sections of the tract. Most of the wetlands are fingers of Salmon Creek, Walnut Swamp, and the Albemarle Sound. 2.2 Soils Soils within the wetlands are classified as Bibb and Jolulston loans. Uplands contain Goldsboro sandy loam, Lynchburg sandy loam, Norfolk sandy loam, Lenoir fine sandy loam, Craven fine sandy loam, and Bonneau loamy sand (Figure 4). 3 2.3 Vegetation Most of this site has been in agricultural production for many years. A majority of the uplands consists of fields now supporting opportunistic herbaceous vegetation. A small amount of forested uplands exist along the upper edges of the wetland fingers and support American elm (Fagus grandifolia), sweetgum (Liquidambar styraciflua), water oak (Quercus nigra), tulip poplar (Liriodendron tulipifera), and ironwood (Carpinus caroliniana). Wetlands fingers extending into the site from Albemarle Sound and Salmon Creek support a thick assemblage of green ash (Fraxinus pennsylvatica), red maple (Acer rubrum), black gum (Nyssa sylvatica), and titi (Cyrilla racemiflora). The uppermost sections of these fingers, where the berms are located, contain mostly herbaceous species. 3.0 Wetland Restoration Nineteen berms will be removed from wetland fingers located throughout the site to restore 1.18 acres of riparian wetlands (Figure 5). The old fill material will be removed and the elevation of each area will match the grade of the adjacent wetlands. Because the vegetation within adjacent wetlands is mostly herbaceous, the restored area will be planted with a wetland seed mixture to rapidly stabilize the area and provide herbaceous cover. 4.0 Monitoring A general site analysis will occur iminediately after mitigation activities have been completed and will consist of taking photographs of the restored areas to evaluate initial success. A small narrative will be written that summarizes mitigation activities and will be submitted to the Corps office. From then on, monitoring will occur annually for up to five years (if the Corps determines the site to be successful prior to five years, monitoring will discontinue). During each monitoring event, photographs of the soil profiles and vegetation within each mitigation site will be taken. The vegetation success criterion will be the establishment of herbaceous species similar to those in adjacent reference wetland areas. A report that sununarizes these results and includes photographs of 4 the mitigation areas will be submitted to the Corps. Because of the small size of the wetland mitigation areas, hydrological monitoring will not occur. 5.0 Implementation Schedule Wetland restoration will commence as soon as all necessary permits have been obtained. 6.0 Summary In order to mitigate for 0.365 acre of riparian wetland impacts associated with the Innsbrook project in Bertie County, NC, the applicant agrees to restore 1.18 acre of riparian wetlands on-site. This is a 3.23 to 1 restoration to impact ratio. The restoration will consist of removing berms located within wetland fingers and then planting these areas with a wetland seed mixture. These actions will compensate for wetland impacts within the tract and fulfill the requirements of the U.S. Army Corps of Engineers. 5 1 - t @ A Q t?? ,,,` ... ..__ _.%. ? .t.ir. ?,?s;.,-•-.: ._. ncy? rtcz as °Sr e _ .. - t'-- -' ql? t ! ter"j- Y"? ' ?'.' ? fl -- < ` +e ?? Xgtnn _ '` ? ? .- t hnb?.rr dVAPC,sd ?• - SITE ) 'AhGMA aiµZ •e Y i 7 - .t r + f ? f r -I! t Ar f - tl it f ' 1 ? ?/'t ?T +4?/? tt.i''. t.`? tr, ,?,t .?! ? r1 ? _ Ors ., •f? t - ?y??'nt1Y. ^\,-- 1 ?I,.. .,-a- rr *grfi"' flfM Ai I i , r w ,?' ?v as A £ r . t 5 f f `' t 1 c n r 1. i -_ 1 r f e :SGE7 " .?ry?+_ ?? (rLM tt? ......~? '1. ??1.kadtSG '.w^a !kiVrl ! y! Sw. 1 Y"L 4 4 el' { r f '" .. ? E f ? ?•n.lK? .r. APR ? '' '1Q?6 Uc:NR-WA1;i Uy.iA?LITI' WETtAN4S AND STONMM!r;C_R BRANCH Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2001 pgs. 46-47 SCALE 1" = 2 Mlles FIGURE 1. Land Management Group, Inc. Site Location Map Environmental Consultants The Innsbrook Golf Course Wilmington, N.C. Bertie County, NC February 2005 01-04-781 4Ar t ,. , T d? t % :. VVT yxl,u,t?._...,. _-i. ?,r• v •+'- ,it - ...._.--. -. -` i r f 4 - 7• y r, s •A r i•t 4e - ... 1 r r ?? ? • ' ' F I dj r1 -t -- ?': t A I• ,. ,& ! . t - " 1 t d. 1 ? 1 k. r+1 .. I ? y .' ? ?.`?! iss .^'', i ?_.r ? I. ? ? y ?.a- ? F.+.' y?+i7Y"L8 •?? l ^f?'' •_ '? • , ? y -.i"ir• ?M?4? I .x+•a.?w.. _ ,.r it r.- +'f 1 17=- L. I • :1 _ •?.p+??,yr r,+' I.,CI - ? » - /d.! -. ."i I? fCni ? + ?? ..... 7p..- WOO S y`?yi1 w t ?.. ! u t o pr. • :?'x.? t .3 r 1!rf '? 1d { tt f `i 1f ' d f v`? 1 , I l f jfr' •?- ?•'" __Fi'?'? t d .. y'tt tl-- 4' a9` r;,`,TfS..'4.??M'p,.t?1?C4i,4 C 7'rit I t *Boundaries are approximate and are not meant to be absolute. Map Source: LandVoyage online mapping service. FIGURE 2. Topographic Quadrangle Q? LH5 APR 1 2006 DENR - WAVER QUAu 1 Y WETLANDS AND STORMWATER BRANCH SCALE 1" = 2500' Land Management Group, Inc. Environmental Consultants Wilmington, N.C. February 2005 The Innsbrook Golf Course Bertie County, NC 01-04-781 d :n at 1 H' + p ? t- $oB Lri Cr. Cd'A u dog'; NCA Lfi It a? lR6,? {Lj r a .? •'h CrBD F CrA? ,•?e4:' ,? Cry ..x°t? p r!: r. ?• e>a` tilt a z. .. ?3 N'aAQA L.; l T' No 0 Q jx .:7 L 3 . 13 jL fi r t 1, . , . C t! t i Ez 1w 1511 ° F.•tt(P!• C rA G0A?'k, : 1, L1) J . ' ?;x x Ma 111 ,? .. t 4. ! 1 . V 3.1 x CirA t" 1 oA y IS 0 e? y ,1 a N >' SS '??ppy3( t(i1 iY £k? f 1 tQ, frFlr. ri . f !k'}?.`2`- :.!{'ice . K a:5 CrA ` ? ?ijf }A }? ' a7 . i I , . y ? 4 I < ? i C f t ? p1. i u i v x t ,? ? 1, b r z '?; ? dt ?. ? F' .r '?3a?r? ?;•'` ? 3k? r ( {. f j ti t I y v; M ?} i ; 4+? F ?J; Y .rC rt 21 W. 1' , r r ,q?,?W r •w ? c f ' n a.-? '. r^? "7, f K, } 9 ?? y.. ?• 1 i >, ? Y , v `f B i s } K r`?f 1, i -.1?? ;It ,? v +? t o ,i} , l t+• I t ,{ ?? -??;??L;i'? •..? ?' •.ty,C?7"'r+v - 2 ? D?????F'}.;c ?x k , '•,>i??f , y?' ?t r;.' ?c ..' ,jJ ??f ?ti t ? 3??f 3•t tE x,`?. _^? r S?t.ht4 ?._J?a"Ii??,. ?J $ 4 ? ? tV? 3 N11? t } ?i ? r a v V'ah? t. D et t 1 -rt ? !?. rf n 4 'T Al. "'Boundaries are approximate and are APR not meant to be absolute. ZOOii SCALE 1" = 2000' FIGURE 3. Land ManageM?rt? ,H Bertie County Environmental Consultants The Innsbrook Golf Course Soils Map (pgs.12&17) Wilmington, N.C. Bertie County, NC February 2005 01-04-781 pl-I G'1 rrr N' ¦ P? I N U y? ?J YY ? IV O ? rA Q V d ??r-xG>oc)mD M M I N N N N M ?N N N -?+•ONOW000-ONW90 s ? I i I,--j CC CD 0 3 Ul 2 ?-' r+- h CD O G {? C7" O (D O C]_ U) ? ro O 3 O O" < (A (D CZ ? (D o 0 C cz W rn Cr () (n p 0 n O `. c? O " _1 U) CD 'L7 J N ]_ c7 O U, u (T ?o (n tv o T:) n O CSl (/1 O n D T1 LEES C cn -? (D r(D/ Ui O (D N U Q.. D U) n A r m I I U, O m (D ro C) O C Z C) z Un C C C 0 -1? C_..) C fC m m r z D Z O O :u n O z U) A C O O z i y « U) 1 I w I r 3 ^\ J =? ' r o oa _C '? .n n lT7 « « e 14 4 « . e ? II « « _ ? 1. r)% ?` ?«N f l:i - - - ---------- n ( '; 111 C, , I.. ? G1 ? ?? w I 11 (. \ (?'? ?u I ?bijI v , ONt?z?;n \ J ti , C? r / / (.i I> \ • Cn i V I \i % 1 -? 1 -4 I v^ ?X' by J ? ? O SD cy- rn D 0L 0 ° ° z to r- O y CD CD o o N CL cn Q_ v? c `; o' M { (D (J ( D Q -Tj 0- ro 0 o a ? m n n -0 0 V) l?..I I I cn O z co m O/''? W \ / ?I t J I C ?F C7 C? C U? FT I ` I f -- - - ----- --- ------ ----- ----- ?T \I 4 .. 1 I r ?'; j ....... i ?I r, n, ?- \ i , w e ? \ J ^ 1 4 4 4 1 r I I L ?n \? 1 17 .?`? ..: --------------- 1 4 F __l la 3I « « O i a«« T ?; L ! r a ,f cx « i 1 1 m? ti a III W t a { low a ? ? ' / ?? ? ?- to (s •h v, ?? 'L, Ci -., rn? - - - -- - 4 4 Albemarle Sound L.Li V) U z a C c ? i 0 O a U ca a \ v m \_ ( 6 \ m \ U L , - z z - ? co - a a n - U N N _ T 4 U ---------------------- \ ::D \ Farr),? 0 9 z 6 U DENR WAI ER UU LIB w a _U C) TLWS AND STQRMWA R BRANCILn 0 Cf) o , 1 Ln s- rq c 0 o I a? i ? 1'? i ' LL a -0 o i 1 11' 1 1 ? ? p o 1 l t 1?' o "C7 ? ? O o o 11 z -? 's T ? O C 1 •I L El a Li \ a --- U) ° o' N U Z ?. Lj- • -2 c I; i ` o \• • - 0 70 0 N o j o m dJ L .> Q '. z ?-0 LL o i \ ,4 II: / / N ?;; /Nr- 1 I a Q ' 'X u o T // / - ii I (i LJ A ?- ?' %-? III U O / cn _ vv ?i \ N / , > o LL- ? a? LO 0 0 APR - 20/ j DENR - WATLx QUALITY cn ? WETLANDS AND STORMWATER BRANCH r .,> 4J r/r i ,, R? W Cll -b i y 3 _j LL. y i a? O (L) 0 a 4 U i co 00 ?C: m U U li m - i' Q3 c C) c ?v Q 2. 4 a O 3 o a " r oN .0 Y ?? 3 0 r ? L J a V \ ? a \\? \\ \ o V "tai -Ri D V \ \. D Nk VVA' Y - G \ \ AND STORATE : o w \? RANCH \ f W \ p N LC) O O a U v Ln .0 -0 0 N Q / U -0 p I a 0 O v i N O ?? I i U V ? it U z Q ? LL ? ,D C ? L o li C_7 O ? o I o v Cl. m ?, ? II 00 ?\ z ? o I O 'I I .- O a O O o O N I -C O ?/ ?? ? -{-J I J C I 13 O OIAPR Mos O O j ¢? Nk waLI O Ok ?Nas?wosroRrwVVA ER ,gr,cH O ? o \ O U Ln L Q ? O O LL- v Io ? o I 2 o v N [if o cn N o O z - -- --- --- n Fl M I U) ;-1- a CT 0 0. (T ro cn C3' ` L t? a :T c T -J 'V'nn• V/ C) C7 D c tro z z cn C) CD CC) Ca 0 V) -A N rt 0 D ? h n o O ' c 0 U) O ? s 91 O C) 0 D.. C C7 ?cn .l, rrl n h (D C) -o ro a z 0 0 C> O ut c h O b 1 r o? h 17.6 e - 16.3 'N ! %U 1 O W e? : p I N + CU ° o 12.2 - C) z O O .t u v o ?o 11 1 i C) _u U -4 U) O _ O O D O i 'o T n cf) C) " r LC) 4.2 / 0X o o N '? T (D < 6.6 o r// Q r-r O v> + 0 0 8.1 N 19.1 f 01 " P111f 11 111 J .iI.1I.1.-i ICI ?l ' n p D Lf n CA p CS L1 7 ? /I ? O C) (n b r- m (n ro C) rt , -, o D _I- MA O - IIF W 1T 'L-L- A; 17 fill ? cry ti ?C Y Z RA ) V ?[ r- p T? 1. ??l Typical Cross-Section of Berm to be Removed 0+10, 0+5' 25'-wide berm -------------- Material to be Removed Existing Grade Grade 0+0' 0+0' 0+10' 0+20' 0+30' 0+40' 0+50' D 55133 Q APR ZOOS CJEivk - WAfcR TUWDSANDS QUALITY TORMWATEi BRANCH Horizontal: 1" =10' Vertical: 1" = 5' Innsbrook Golf Course Laud Management Group, Inc. & Residential Community Environmental Consultants Figure 11. Typical Berm Bertie County, NC Wilmington, NC Cross-Section Pennit Application July 2005 p i WIN 744 'mod ? Y _ Innsbrook Subdivision Rial Corporation Bertie County, NC 01-04-781 4!• i. W ,' saw, y A- Land Management Group, Inc. Environmental Consultants Wilmington, N.C. March Restored of Looking westward at berm and restored wetlands (silt Ienec is wetland line) Wetland Line s_ , 404,e';'C?r.ls?t ?11 a h d r? E `Z' 11 71 ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this cans to the back of the mailpiece, or on the front If space permits. 5 1. Article Addressed to: Mr. William Stillwagon Rial Corporation 319 Maple Avenue Greenburg,PA 15601 DWQ# 05-1371-Bertie A. Sign u j' X e n t dressep B?eceiv (Prln d N e C. D to of Delivery D. Is delivery address different from Item 1? V'Y.s If YES, enter delivery address below: No S 5 3. rvice Type ? Certified Mall Express Mail Registered Return Receipt for Merchandise ? Insured Mall j,LJ C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes { 2. Article Number 11 (Ranter from service laben 7005 1160 0000 9954 5347 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1640 DWQ# 0 J Cj I ( Plan Detail Incomplete Date "l -7 C r 4 1 rt I o?p Who Reviewed: 5 c?-?- ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan, ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? ? Please provide the location of any proposed stormwater management practices as required by GC Iv l?o a? J ? Please provide detail for the stormwater management practices as required by GC (? t b'k_-5/ ? l1 ?/ ~. h- o Lid Please specify the percent of project imperviousness area based on the estimated built-out conditions. LJ - (? C_ . ? Please indicate all stormwate?outfalis on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the . Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater be discharged through the buffer. Other U v.?t U 1-4- ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ .This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. RI s - rnn 6? . to l i cow - X Please provide 5 copies of th pplication005, copies of the site plans and other supporting information. ? Please submit electronic CAD files showing , via email to ian.mcmillan@ncmail.net and Cl): Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. lik LAN MANAGEMENT UP, INC. NMENTAL CONSULTANT North Carolina i i sron o a er ality Date 't'ype Reference 03/30/2006 Bill Permit Fee 3/30/2006 Original Amt. Balance Due Discount 200.00 200.00 Check Amount t(l-? 0 6 Coastal Federal Bank 401 Permit Application a ()f\SbA00 L 0 /_ 04-78I 7165 Payment 200.00 200.00 200.00