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HomeMy WebLinkAbout20051538 Ver 1_COMPLETE FILE_20050811QF W A TFA Michael F. Easley, Governor p Q William G. Ross Jr., Secretary ? North Carolina Department of Environment and Natural Resources co r > -? Alan W. Klimek P.E., Director f li p Division o Water Qua ty Coleen H. Sullins, Deputy Director Division of Water Quality September 9, 2005 Mr. Sean Richter fT''7.7 r-_ 66 Gregg Court Kitchener, Ontario SEP 2005 Canada N2A 4139 DENR trv'rTt_tt (?'!z' i'r SUBJECT: Approval of 401 Wffz itJ i sr, l and Additional Conditions Lot 8, Block A Section 2 Del Mar Beach DWQ Project # 051538 Pender County Dear Mr. Richter: You have our approval, in accordance with the attached conditions (WQC # 3402) to conduct the following activity located on your property off NC Highway 210 across from Mecklenburg Avenue in Surf City, Pender County. This approval allows you to: 1. Fill 0.0128 acre of 404/401 wetlands for a single-family residence and includes the slopes for the fill. This approval is only valid for the purpose and design that you described in you Pre-Construction Notification (PCN) application received as complete by the Division of Water Quality (DWQ) in the Wilmington Regional Office on August 16, 2005 and additional information received on September 9, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3402 covers this activity. This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification (#3402) allows you to use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater and Coastal Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires unless otherwise specified in the General Certification. Please be aware that if you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper North Carolina ;Vatumlly Page Two Mr. Sean Richter DWQ Project # 051538 September 9, 2005 1. 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 Notice Application. 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; 2. 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 this office and a copy to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. Please read General Certification # 3402. If you do not accept any of the conditions of this certification, 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, 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 DWQ Permit #051538 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215. Sincerely, Alan W. Klimek, P.E., Director ;.; Division of Water Quality Attachments: GC # 3402 Certificate of Completion cc: Corps of Engineers Wilmington Field Office - Lillette Grande 401 Oversight/Express Review Permitting Unit - Ian McMillan Land Management Group - Wes Fryar Building Inspector - Steve Padgett WiRO Sean Richter Subject: Sean Richter From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> Date: Mon, 12 Sep 2005 10:32:32 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net>, Laurie J Dennison <Laurie. J. Denni son@ncmail.net> Certification written 9/9/05 for Sean Richter 05 1538 Pender Co Awaiting Itr to fill in approved project details Dbase updated w/ apprvl date only L Dennison 1 of 1 9/12/2005 10:34 AM Triage Check List Date: 8/15/05 To: Noelle Lutheran, Wilmington Regional Office Project Name: Sean Richter Lot 8 DWQ#: 05-1538 County: Pender 60-Day processing time: 8/11/05 to 10/9/05 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks ! ?? (1 n ?i ? C, '7 rZ e ? ._ L t ?osTo????++ August 5, 2005 TO: Mrs. Cyndi Karoly Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 RE: 401 Water Quality Certification Application for Mr. Sean Richter; Lot 8, Block A, Section 2, Del-Mar Beach, NC Dear Cyndi: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of Sean Richter for a tract located off N. New River Drive in Surf City (Del-Mar Beach), Pender County, NC. The applicant proposes to fill approximately 0.0128 acres of 404 wetlands for the purpose of providing a house pad. In the site design of this project, the wetland fill is necessary in order to make the lot buildable. The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. I have also sent the $200 application fee. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, Wes Fryar Wetland Scientist Encl. C: Mr. Sean Richter Ms. Noelle Lutheran 05/31/05 ,1236 FAX 519 621 0688 85131/2005 11:23 9184520086 SHRED-TECH LAHDMAMAGEMENT A ? 'Ta AUMORIZA,'T'TONFO6 U003/003 PAGE 03/03 TO WHOM IT MAy cONCERN: I/we, the undersign4 bereby authorize Land Management Group, Inc. to act as our agent in the determination of urisdictiona] wetland b umdaties on the subject Property, . By way of this form, I/we additionally aurthorize access to the atebyrpre ngi,,ees and/or the NC Division. Of 5=tatyes of the US Army Gorps ofE Coastalagpncnt for the purposo o reviewing the lagged wetland boundary and ctional dote n=ation. Any q,5doas regarding the jvrisdietionai ' providing a final jurisdi e?e?pt Group, Inc, h weflaz?d detennivatioa should be dixected cTEp aa?- as oar aa er a sN? .?} lec?-, ?1 1 avh ?h ?AnA ,? Cn st•rut? te., e+? Sob I $riton?4q/4D1 per4+ 4P+tcll sns ?r pYE?DSt?! he se n o? n4 ? Please ovids the fullowin ormation: S?sc filch, li a?? - 1h, 9/? ?y property Address and Pwcel. XD Number. ? 8 , 8t5?f-? 1 7aPSiat4 I(/(2 C'iuremt Pwpexly owner N=e: _ .9i? ct?T -2 _? -- Owner Address & Phone Number: ?"Gf1Eic/6/1 Ti?i/?6 o Cf9N.9?? Please aitale yes or Na for the follawina questions: No I/We are the cmmmt Owners: h&w the subject VrOPeAy: "acs I/WC ace imder contract to puzc 7/We are under option to purchase the subject Ptopff'Y: Xes gal in Me have no le interest : site access will be resbcieted witltotrt naticelautTi,,zataora by (i.c_ speouletive request -? NOTEsub subject property., Yes Qo +. cunvnt owner) .fin/ ? ' N ame pz?oct pwi?er's Name print pp 's Signanue . 1?tui'e (not ra4Uk d if =der contract or =dcr option) Fate Date Office Use Only: Form Version May 2002 2?05153? USACE Action ID No. 200500882 DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. 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 18 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 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information o c?c?r?od? ? Q Name: Mr. Sean Richter N , r , Mailing Address: 66 Gregg Court Kitchener Ontario DENR - WATER QUALITY Canada. N2A 4139 WERM AND s Telephone Number: 1-800-465-3214 ext.238 Fax Number: 519-621-4288 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: Mr. Wes Fryar 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: ar@hngroup.net 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: Lot 8 B1ockA Section2 Del Mar Beach 2. T.I.P. Project Number or State Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): 4245-33-4551-0000 4. Location County: Pender Nearest Town: Surf City Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Follow Highway 17 N until you reach the intersection with US Hi lg iway 210. Turn right. From Hi hMLay 210, follow North towards Topsail Beach. Mecklenburg Avenue will be on the right. The site is the only undeveloped lot directly across from Mecklenburg Avenue. 5. Site coordinates, if available (UTM or Lat/Long): 34.4362° N 77.5313° 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.) 6. Property size (acres): 0.25 7. Nearest body of water (stream/river/sound/ocean/lake): Intracoastal Waterway 8. River Basin: Cape Fear/Intracoastal Waterway (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.ne.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:- This site is currently undeveloped. Adjacent land use is residential. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The applicant proposes to fill a small portion of wetlands in order to build a duplex. Silt fences will be used to reduce erosion into adjacent wetlands. 11. Explain the purpose of the proposed work: To be able to build a duplex on the land. 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. Mrs. Lillette Granade of the USACE has approved the wetland line on May 12, 2005 and issued a notification of jurisdictional determination on August 5t, 2005. 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. 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. Page 7 of 12 1. Provide a written description of the proposed impacts: The applicant proposes to impact approximately 0.0 128 acre of 404 wetlands for a house pad. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact acres) Located within 100-year Floodplain** es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Fill 0.0128 no N/A Forested Wetland * 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 http://www.fema.jzov. *** 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: 0.15 acres Total area of wetland impact proposed: 0.0128 3. Individually list all intermittent and perennial stream impacts below: N/A Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leases eci ) 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 losstgain), 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. Page 8 of 12 ** 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 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 ma Type of Impact* Area of Impact (acres) Name of Waterbod y (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation N/A 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. In the site design of this project, wetland impacts were avoided and minimized to the maximum extent practicable. Because of local setbacks and wetlands on the northwest side of the property, the small wetland pocket must be impacted to make the lot buildable. Page 9 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on 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 hLtp://h2o.enr.state.nc.us/ncwetlands/strinizide.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. Because wetland impacts have been minimized and avoided in the site design, no mitt ation is proposed. 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 hllp://h2o.enr.state.nc.us/wrp/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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Page 10 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 213 .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. No impervious cover currently exists within the properly. The project will consist of a homesite and driveway, which is approximately 2220 square feet, or 5 % impervious cover. The applicant will install silt fencing around the construction area to reduce erosion into wetland areas. XH. 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. The project will tie into local sewer systems. 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. 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 Applicant/Agent's gignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 - l\ r Baclt?,yct wt?< Scorch E MA FiCir i 350 .? 0 Beach ?. Barnacle 6ilr6 Fishing Pie Surf City Ocean Pier *Boundaries are approximate and are SITE not meant to be absolute. Map Source: Del-orme: North Carolina Atlas and Gazetteer, page 84-85, 2003. SCALE 1" = 1 Mile Sean Richter Land Management Group, Inc. Lot 8, Block A, Sect.2, Del Mar Environmental Consultants Figure 1 Beach Wilmington, N.C. Vicinity Map 40-05-399 July 2005 w. SIT f h t • ,i?F ¦ "UP r s fi ' s re *Boundaries are approximate and are ` SITE not meant to be absolute. Map Source: Holly Ridge, 7.5' Topographic Quadrangle, 1997. Sean Richter Land Management Group, Inc. Lot 8, Block A, Sect.2, Del Mar Environmental Consultants Beach Wilmington, N.C. 40-05-399 July 2005 SCALE 1" = 100' I Figure 2 Topographic Map Information provided by: Maps Online for Pender County Sean Richter Land Management Group, Inc. Del Mar Beach-Lot 8A Environmental Consultants 1017 N. New River Dr. Wilmington, N.C. NOT TO SCALE Pender County Generalized Soil Map t\ of v 0) I N 0, :4 N Z LOT 7A 30' LAMA BUFFER 75 AEC MARSH FLOOD ZONE 'VE" (ELEVATION = 12') APPROXNATE FUM UNE r FLOOD ZONE 'VE" o (ELEVATION = 13') G LOT 7 c Duplex -? R/V- LOT 8 11085 Sq ut?uwos t rL .1,10 u UPLANDS 5' I Tol LOT 9A MEAN HW WATER 11NE -Alt PFR WIM STATES ARMY MARSH d% ATM ARMY RS LOT 9 52' POLE W EIR RAM N.C. HIGHWAY 210 o It" -- YA-U A1r M101 IM A 1A Sean Richter Land Management Group, Inc. Lot 8, Block A, Sect. 2 Environmental Consultants Del-Mar Beach, Topsail Island Wilmington, N.C. 40-05-399 July 2005 L6 7.83 L7 4.92 LS 6.82 I L9 7.55 L10 6.50 I L11 13.50 r L12 10.46 t L13 9.41 r I TOTAL AREA 37008 Sq.Ft- SCALE 1" = 60' Site Plan Showing Wetland Impacts Permit Application U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200500882 County: Pender U.S.G.S. Quad: Holly Ridge NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Sean Richter Address: 66 Gregg Court Kitchener, Ontario Canada, N2A 4119 Telephone No.: (800) 465-3214 x 238 Property description: (910) 452-0001 Size (acres) 0.25 acres Nearest Town Surf City Nearest Waterway Intracoastal Waterway River Basin Intracoastal Waterway USGS HUC Coordinates N 34.4361 W 77.5314 Location description The property is located adiacent to the Intracoastal Waterway, on the north side of N. New River Drive, iust south of 1103 N. New River Drive, lot 8 Del Mar Beach, Block A, Section 2, in Surf City, Pender County, North Carolina. Indicate Which of the Following Apply: Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). X There are Navieable Waters of the United States within the above described property subiect to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subiect to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC 6 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on August 5, 2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 796-7215 to determine their requirements. Agent: Wes Fryar Land Management Group, Inc. Post Office Box 2522 Wilmington, NC 28402 Page 1 of 2 Action ID: 200500882 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Lillette Granade at (910) 251-4829. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to the Intracoastal Waterway, a navigable water of the US. Determination is based on information provided by Wes Frvar. of Land Management Group, Inc. and a field visit by Lillette Granade on Mav 12, 2005. Remarks: //??JJ??? ?J Corps Regulatory Official: YG:l?'. & Date August 5, 2005 Expiration Date August 5, 2010 Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 I, CHARLES FRANCIS RIGGS . PROFESSIONAL Al?j!!l!111J?A SURVEYOR, DO HEREBY CERTIFY THAT %A P SURVEYED THE PROPERTY AS SHOWN FI CAR ACCORDANCE WITH THE STANDARDS >CSsIQ??9 THHEE RAD RVE PRECI I NORTH LA717JD D TURFS 9 VIE" .1-W p WaFf ?s U3 = ' . ?° suwy Qlt e` 17.1 -2981 40 THIS IS TO CERTIFY THAT THE SUBJECT PdIiTNY1klDt IN FLOOD ZONE 'VARIES' WITCH IS A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE NATIONAL FLOOD INSURANCE PROGRAM. COMMUNITY PANEL NUMBER ,370186 0006 D JANUARY 21. 1998 THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL ISOLATED WETLANDS OR WATERS THAT ARE OUT OF CORPS JURISDICTION HAVE BEEN LABELED ON THE SURVEY. (NAME) eeA, le'Iu1Af ;%ge;&lrst (?EU'T-r AU4;Kst S (DATE) GLIJLA) NCO $ ga (AID#) WETLANDS LINE TABLE UN LENGTH BEARING 16.27 N672752E 18.91 N01'22'O8'W 11.72 N4529'44E J 13.93 N 10.09 S4 30'33'W 7.83 S754533W L7 4.92 W LB 6.82 N 29'17'W L9 7.55 N7BTI2'55'W L10 6.50 N23-"13'W L11 13.50 N 45-34-45-E L12 1(146 N1946'llrE L13 9.41 N50'OS'55'E MEAN HIGH WATER LINE TABLE ONE LENGTH BEARING L14 12.96 S88.3Y331E L15 21.43 7'4 43'E Lib 16.03 SIW49'10'E L17 2281 S6176'lWE LIS 11148 S48'16' L19 17.07 906 26'15'W L20 5.33 S63'45'17'E L21 24.80 N33'0.3'11 L22 5.71 N35'58'18'E OWNERS SEAN RICHTER & WIFE WHITNEY RICHTER I TOTAL AREA 37008 Sq.Ft. TITLE SOURCE D.B. 1973, P. 38 D.B. 2502. P. 135 ZONED R-5 ZONING SETBACKS FRONT - 15' SIDE = 7.5 REAR - REAR CAMA REFERENCES D.B. 1973, P. 38 D.B. 2502, P. 135 M.B. 28. P. 38 M.B. 35. P. 117 aRk".1affEc AUG 1 12005 DENR-WATER QUAD WETLANDS AND STORMWAM BOUNDARY SURVEY FOR 60 SEAN RICHTER b & WIFE 1FHITNEY RICHTER LOTS 8 & 8A, BLOCK A, SECTION II, DEL MAR BEACH TOPSAIL TOWNSHIP, PENDER COUNTY, NORTH CAROLINA 1101 NEW RIVER DRIVE LEGM CC - CONTROL CORNER ECM = EXISTING CONCRETE MONUMENT (FOUNDKCONTROL CORNER) BP - EXISTING IRON PIPE (FOUND) OR = EXISTING IRON ROD (FOUND) EMN = EXISTING MAGNETIC NAIL (FOUND CONTROL CORNER) EPIC - EXISTING PARKER-KALON NAL (MJINI COIflm L CORNER) ERRS = EXISTING RAILROAD SPIKE FOUND MBL = MINIMUM BUILDING LINE NMP - NON MONUMENTED POINT R/W = RIGHT OF WAY SCN - SET CONCRETE MONUMENT (CONTROL CORNER) SIP = SET IRON PIPE SIR - SET IRON ROD SMN - SET MAGNETIC NAIL (CONTROL CORNER) SPK = SET PARKER-KALON NAIL (CONTROL CORNER) q = CENTERLINE GRAPHIC SCALE 30 60 120 240 ( IN FEET ) 1 inch = 60 ft. DATE: JUNE 23, 2005 DRAWN BY. J. NELM5 FIELD BOOK: IND PAGE: 4 COMPUTER:WS 6/PROJ/02-09-31.dwa PROJECT NUMBER: 02-09-31 LINE M.B. 34 P. 117 TOPSAIL SOUND 50.21 R/W N.C. HIGHWAY LIU R/W VARIES (ASPHALT-PUBLIC) q n n F 1 5 3 8 August 5, 2005 TO: Mrs. Cyndi Karoly Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 J[R@LR0Wq[qy AUG 1 1 2005 DENR - WATER QUALITY ?*T?wnsAND STOR iV TFR BRAN RE: 401 Water Quality Certification Application for Mr. Sean Richter; Lot 8, Block A, Section 2, Del-Mar Beach, NC Dear Cyndi: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of Sean Richter for a tract located off N. New River Drive in Surf City (Del-Mar Beach), Pender County, NC. The applicant proposes to fill approximately 0.0128 acres of 404 wetlands for the purpose of providing a house pad. In the site design of this project, the wetland fill is necessary in order to make the lot buildable. The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. I have also sent the $200 application fee. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, Wes Fryar Wetland Scientist Encl. C: Mr. Sean Richter Ms. Noelle Lutheran 05/31/05 .12:36 FAX 519 621 0688 55/31/2005 11:23 9104520050 LANDM"GEMENT A 61 NT AUMORIZA JON FORM U003/003 PAGE 03/03 TO WHOM ff MAX CONCERN: I/we, the undersigned, bereby authorize Land Management Orqup, be. to act as our agent in the determics%aon of jurisdictional wetland boundaries on the subject proQeriy, BY way of this folm, Zhve additionally authorize access to the vas of the US Army Corps of ?E=&eexs and/or the NC DivisiOD- of ta? $ite by reprnm Coastal 1Vianagemezit for the purpose of reviewin P, the Qap,ged wetland boundary and providing a final jtAisdictiond "Wnination. Any questions regarding the jurisdictional . wetland determination should be dilwted to T Mpg=e t CxX0 'Inc' 47301, 1_N'i 1•Al IAA?t CK1f+S?'rCta jv A4/? as Ur 3 CPAS? ?f+Dn pit SU?,t4?' ??? neUsS??A? 4/tfel perri+T APpIiGIi,es 7'rr???? Please rovide the fiollawin ormation: Address and Parcel 10D Number: 4r 8 Sic ?lrn, !i 72)1051 Prflpmy Current propexty owner Nme: .4i? c l?T /? Owner Address & Phone Number /V. le If Ile 91 3-1.9 - 893 -,V575- S Please ci c1e Yes oc No i or the foil ' esti ns: No 1/We arc the current owners: ,?qq I/We aye under contract to purchase the subject propertY: Xcs C::% 71We an under option to purchase the subject IympertY: Xes o0 legal interest in. subject pmpeM' yes I/We have no cted without nafirxJMZV);2 anon by a,° (i•e_ speauhative request -NOTE: Site access will be restd current owner) Priuoct Owner's Name igpatsce (not requwtd i£=der mAmet arm dor option) Z 9 3l ??av S - _ Data SHRED-TECH Print Appli 'Name °S signatu? . Date Office Use Only: Form Version May 2002 ?_??t 153 USACE Action ID No. 200500882 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 18 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 for further details), check here: (? II. Applicant Information 0 ?,? L5 v I??? 1. Owner/Applicant Information AU G 1 1. 2005 '??-' Name: Mr. Sean Richter Mailing Address: 66 Gregg Court wEn ANDS AND STORMWATER BRANCH Kitchener, Ontario Canada, N2A 4139 Telephone Number: 1-800-465-3214 ext.238 Fax Number: 519-621-4288 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: Mr. Wes Fryar 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: wfryar@lmgroup.net 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: Lot 8, B1ockA, Section2, Del Mar Beach 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4245-33-4551-0000 4. Location County: Pender Nearest Town: Surf City Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Follow Highway 17 N until you reach the intersection with US Highway 210. Turn right. From Highway 210, follow North towards Topsail Beach. Mecklenburg Avenue will be on the right. The site is the only undeveloped lot directly across from Mecklenburg Avenue. 5. Site coordinates, if available (UTM or Lat/Long): 34.4362° N 77.5313° 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.) 6. Property size (acres): 0.25 7. Nearest body of water (stream/river/sound/ocean/lake): Intracoastal Waterway 8. River Basin: Cape Fear/Intracoastal Waterway (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hLtp:Hh2o.enr.state.nc.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:_ _ This site is currently undeveloped. Adjacent land use is residential. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The applicant proposes to fill a small portion of wetlands in order to build a duplex. Silt fences will be used to reduce erosion into adjacent wetlands. 11. Explain the purpose of the proposed work: To be able to build a duplex on the land. 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. of the USACE a notification of iurisdictional determinati 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. 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. Page 7 of 12 1. Provide a written description of the proposed impacts: The applicant proposes to impact approximately 0.0128 acre of 404 wetlands for a house pad. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet) Type of Wetland*** 1 Fill 0.0128 no N/A Forested Wetland * 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 b=://www.fema.gov. *** 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: 0.15 acres Total area of wetland impact proposed: 0.0128 3. Individually list all intermittent and perennial stream impacts below: N/A Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) * 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. Page 8 of 12 ** 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tolozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 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 ma Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation N/A 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. In the site design of this project. wetland impacts were avoided and minimized to the maximum extent practicable. Because of local setbacks and wetlands on the northwest side of the property, the small wetland pocket must be impacted to make the lot buildable. Page 9 of 12 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on 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 hLtp://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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. Because wetland impacts have been minimized and avoided in the site design, no mitigation is nronosed. 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 hqp://h2o.enr.state.nc.us/wrp/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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Page 10 of 12 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) funds or the use of public (federal/state) land? Yes ? No 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 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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* (s uImpct are feet) Multiplier M Reqed ti a ion 1 2 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. No impervious cover currently exists within the property. The project will consist of a homesite and driveway, which is approximately 2220 square feet, or 5 % impervious cover. The applicant will install silt fencing around the construction area to reduce erosion into wetland areas. 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. The project will tie into local sewer systems. 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. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/AgenCs gignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 t.. A F IT 10 'T d Scorch I r1 ,h'? ??+ V Del 4r° sea Ch Swriade Sift Fishing Fier. %rf City Ocean Prey so t k . *Boundaries are approximate and are SITE not meant to be absolute. Map Source: DeLorme: North Carolina Atlas and Gazetteer, page 84-85, 2003. Sean Richter Land Management Group, Inc. Lot 8, Block A, Sect.2, Del Mar Environmental Consultants Beach Wilmington, N.C. 40-05-399 July 2005 SCALE 1" = 1 Mile Figure 1 Vicinity Map il A ¦ ® ?r ¦ 1, 1 I? PI?? ¦? j r Y7111111L ONF- Eff- *Boundaries are approximate and are ? SITE not meant to be absolute. Map Source: Holly Ridge, 7.5' Topographic Quadrangle, 1997. Sean Richter Land Management Group, Inc. Lot 8, Block A, Sect.2, Del Mar Environmental Consultants Beach Wilmington, N.C. 40-05-399 July 2005 SCALE 1" = 100' I Figure 2 Topographic Map Information provided by: Maps Online for Pender County Sean Richter Land Management Group, Inc. Del Mar Beach-Lot 8A Environmental Consultants 1017 N. New River Dr. Wilmington, N.C. NOT TO SCALE Pender County Generalized Soil Map 0i of w c N d m N LOT 7A Z Ga L20 ? 7W AEC MARSH ??w^Aas+ W • N . FLOOD ZONE "VE" (ELEVATION = 12') APPROXWIE n= UNE FLOOD ZONE "VE" (ELEVATION = 13') LOT 7 Duplex --? R/W e-- OR l `\ LOT 8 1085 Sq WERA" rL M1 b UPLAM S61 35' I I 3I LOT 9A i z MEAN tM WATER UK O AS PER WTEC STATES ARMY caws or ENGMEM MARSH RTES ARMY RS LOT 9 52' POLE a R/W N.C. HIGHWAY 210 I 1A -T /A OOLI Al T of Iol IrN n /1U Sean Richter Land Management Group, Inc. Lot 8, Block A, Sect. 2 Environmental Consultants Del-Mar Beach, Topsail Island Wilmington, N.C. 40-05-399 July 2005 L6 7.83 L7 4.92 r L8 6.82 t L9 7.55 r L10 6.50 1 L11 13.50 r L12 10.46 r L13 9.41 r TOTAL AREA 37008 Sq.Ft_ SCALE 1" = 60' Site Plan Showing Wetland Impacts Permit Application U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200500882 County: Pender U.S.G.S. Quad: Holly Ridge NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Sean Richter Address: 66 Gregg Court Kitchener, Ontario Canada, N2A 4119 Telephone No.: (800) 465-3214 x 238 Property description: (910) 452-0001 Size (acres) 0.25 acres Nearest Town Surf City Nearest Waterway Intracoastal Waterway River Basin Intracoastal Waterway USGS HUC Coordinates N 34.4361 W 77.5314 Location description The property is located adjacent to the Intracoastal Waterway, on the north side of N. New River Drive, iust south of 1103 N. New River Drive, lot 8 Del Mar Beach, Block A, Section 2, in Surf City, Pender County, North Carolina. Indicate Which of the Following Apply: Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). X There are Navigable Waters of the United States within the above described property subiect to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X_ There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC 4 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Reeulatory Official identified below on August 5, 2005. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five -years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 796-7215 to determine their requirements. Agent: Wes Fryar Land Management Group, Inc. Post Office Box 2522 Wilmington, NC 28402 Page 1 of 2 .,Action ID: 200500882 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Lillette Granade at (910) 251-4829. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to the Intracoastal Waterway, a navigable water of the US. Determination is based on information provided by Wes Fryar, of Land Management Group, Inc. and a field visit by Lillette Granade on May 12, 2005. Remarks: Corps Regulatory Official: Date August 5, 2005 Expiration Date August 5, 2010 Corps Regulatory Official (Initial): -Md? FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 1, C14ARLES FRANCIS RIMS- SURVEYOR, DO HEREBY CERTIFY THA,TT1NA%FIAlP!!!t!1tlF SURVEYED 'THE PROPERTY AS SHOWN VE P? ACCORDANCE WITH THE STANDARDS V/? FOR LAND RVEYING I NORTH THE RA PRECI AS J LATITIA) D TURES 9 7 L <z 2981 'Z V! = F C•? su 4:;r- THIS IS TO CERTIFY THAT THE SUBJECT Pt?ltT(t IN FLOOD ZONE 'VARES' WHICH IS A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND THE NARONAL FLOOD INSURANCE PROGRAM. COMMUNITY PANEL NUMBER 370186 0006 D JANUARY 21. 1998 THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL ISOLATED WETLANDS OR WATERS THAT ARE OUT OF CORPS JURISDICTION HAVE BEEN LABELED ON THE SURVEY. (NAME) ee.-gaiDgy saec;alrsf (TITLE) U 4?asi S, t (DATE) 200s-en s8a (AID#) AUG 1 1 WEfU1t0611NIJSSM AgBm LW AS PER M8 X% P. 117 TOPSAIL SOUND N56'00'02-E 50.21' -4? BOUNDARY SURVEY FOR SEAN RICHTER & WIFE WHITNEY RICHTER LOTS 8 & BA, BLOCK A, SECTION II, DEL MAR BEACH TOPSAIL TOWNSHIP, PENDER COUNTY, NORTH CAROLINA 1101 NEW RIVER DRIVE WETLANDS LINE TABLE LINE LENGTH BEARING L1 16.27 N67 2252E L2 18.91 N017YOB'W L3 11.72 N4579'44 L4 13.93 N L5 10.09 S4930'33'W L6 7.83 S75'45'33'W L7 4.92 N W L8 6.82 N7529'17'W L9 7.55 N7BVYWW L10 6.50 N2333'13W L11 13.50 N4534'45E L12 10.48 N1 ' '1 ' L13 9.41 N50'0655'E MEAN HIGH WATER LINE TABLE LINE LENGTH BEARING L14 12.96 S8B32'33'E L15 21.43 53T4 43'E L16 16.03 S19.49'10'E L17 22.81 S61 I8'E L1B 16.48 S48`1 L19 17.07 151 W 0 0 5.33 S63'45'17'E 2 1- 24.80 N33V3'11'E L22 5.71 N3558'1 8'E OWNERS SEAN RICHTER !k VANE WHITNEY RICHTER TOTAL AREA TITLE SOURCE D.8. 1973, P. 38 37008 Sq.Ft. D.B. 2502, P. 135 ZONED R-5 20NMG SETBACKS FRONT - 15' SIDE = 7.5' REAR - REAR CAMA REFERENCES D.B. 1973, P. 38 D.B. 2502, P. 135 M.B. 28, P. 38 M.B. 35, P. 117 LEG M GC - CONTROL CORNER ECM = EXISTING CONCRETE MONUMERT (FOUNDXCONTROL CORNER) EIP - EXISTING IRON PIPE (FOUND) ETR = EXISTING IRON ROD (FDUND) EMN = EXISTING MAGNETIC NAIL (FOUND CONTROL CORNER) EPK - EXISTING PARI0R-KALON NAL (FOUND CONTROL CORNER) ERRS = EXISTING RAILROAD SPIKE (FOUND) MBL = MINIMUM BUILDING LINE NMP - NON MONUMENIED POINT R/W R/W = RIGHT OF WAY SCM - SET CONCRETE MONUMENT (CONTROL CORNER) SIP - SET IRON PIPE SIR - SET IRON ROD SMN - SET MAGNETIC NAIL (CONTROL CORNER) SPK = SET PARKER-KALON NAIL (CONTROL CORNER) It = CENTERLINE GRAPHIC SCALE 0 30 60 120 240 60 ( IN FEET ) 1 inch = 60 ft DATE: JUNE 23, 2005 DRAWN BY. J. HjE?L-MS RELD BOOK: IND PAGE: 4 COMPUTER-.WS 6/PROJ/02-09-31.dwa PROJECT NUMBER: 02-09-31 MOUXIORM A? N.C. HIGHWAY 210 R/W VARIES (ASPHALT-PUBLIC) North Carolina Wildlife Resources Commission 0 Richard B. Hamilton, Executive Director MEMORANDUM To: Cyndi Karoly NC Division of Water Quality From: Steven H. Everhart, PhD Southeastern Permit Coordinator Habitat Conservation Program ra 6fa QV? G5 SEP 9 2005 DENR - WATER QUALITY WEnODS AND STORMWATER BRANCH Date: August 31, 2005 RE: Sean Richter - Lot 8, Block A, Section 2, Del-Mar Beach, Pender Co. 401 Certification Review, #20051538 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject application for impacts to wildlife and fishery resources. A site visit was made on August 23, 2005. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and 404 of the Clean Water Act (as amended). The project is located adjacent to Topsail Sound, off New River Inlet Road in Surf City. The total property size is .25 acre of which .15 acre (60 percent) is Section 404 wetland. Most of the wetland is coastal marsh with some being coastal shrub (maritime shrub thicket). Adjacent properties have been filled and residences have been constructed upon them. The applicant proposes to fill .0128 acre of wetland to provide a pad upon which to construction a residential building (duplex). This would increase the upland area of the lot from .1 acre to.1128 acre and "...make the lot buildable." The proposed residence and driveway would create approximately 2220 square feet or 20 % (not 5 % as stated by the applicant) of impervious cover. It is apparent from the on-site visit that construction would eliminate much of the shrub thicket and few live oak trees remaining on the property. No mitigation is proposed as the applicant states that "...wetland impacts were avoided and minimized to the maximum extent possible." Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 • Fax: (919) 715-7643 Richter - Del-Mar Beach August 31, 2005 We have coordinated with Joanne Steenhuis of the Division of Water Quality (DWQ) and understand their intention to support extension of the fill area to the eastward lot line. The NCWRC does not object to the project as proposed or to the recommendations of DWQ. However, we would fully support a mitigation plan for like-kind preservation of coastal shrub wetlands in the vicinity of this project. Thank you for the opportunity to review and comment on this application. If you have any questions or require additional information regarding these comments, please call me at (910) 796- 7436. CC: Fritz Rohde, NCDMF Joanne Steenhuis, NCDWQ Lillette Granade, USACE LAND MANACI MLNT GROUP, INC. ENVORONMENTAL CONSULTANT ; North Carolina Division of Water Quality Date Type Reference 08/05/2005 Bill Permit Fee Original Amt. 200.00 8/5/2005 Balance Due Discount 200.00 Check Amount Payment 200.00 200.00 Coastal Federal Bank 401 Water Quality Certification Application 200.00