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HomeMy WebLinkAbout20061293 Ver 1_COMPLETE FILE_20060811?a r-d?ji T 40_.j stem j A -11 PROGRAM July 27, 2006 Zak Shipman Stroud Engineering 102-D Cinema Drive Wilmington, NC 28403 Project: The Neighborhoods of Holly Ridge 6 - \ aa3 County: Onslow The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm White Oak 03030001 0 0.1 0 0 0 0 0 0 Upon receipt of payment, NCEEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. cc: Cyndi Karoly, Wetlands/401 Unit Brad Shaver, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, DCM-Morehead City File Sincerelyp ? *r William D. Gilmore, PE_ Director 05??F 4? ?A / r d U, U0 JUL 3 R 2006 RestoYr,; ... -P ... Prot7", OUr Stag GENR - VZ ER QUALITY ?atTlArd?4 BRAN'CH ern RUM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net OF XNA Michael F. Easley, Governor p William G. Ross Jr., Secretary ,O North Carolina Department of Environment and Natural Resources co 7? > Alan W. Klimek P.E., Director p r Division d Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 14, 2006 Neighborhoods of Holly Ridge, LLC c/o Mr. Scott Cook 106-A Cinema Drive Wilmington, NC 28403 Subject: General 401 Water Quality Certification #3402 The Neighborhoods at Holly ridge SID DWQ Project #061293 Onslow County Dear Mr. Cook: The Wilmington Regional Office received your 401 application for a Nationwide 39 (401 General Certification 3402) on August 10, 2006. The wetland impacts proposed are for the purpose of constructing two road crossings (0.13 ac) and a utility crossing in wetland within the proposed project. You are authorized to proceed with your project as proposed under General Water Quality Certification (WQC) # 3402 (enclosed). This Certification can also be found on line at: http://h2o.enr.state.ne.us/ncwetlands/certs.html. This Certification allows you to use the 404 Nationwide 39 when the Corps of Engineers issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all of the conditions of the General Water Quality Certification. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any additional impacts to wetlands or water quality not described in your application, you must contact this office immediately. If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215. Joanne Steenhuis Environmental Specialist III Enclosure: WQC #3402 cc: Zak Shipman - Stroud Engineering Ian McMillian - 401 Oversight nit 0 0 ? ^ 101 0?? Brad Shaver - USACE Wilmington k(t D Cindy Williams - Town of Holly Ridge Stephen Rynas - DCM Morehead City AU G X 7 2006 Central Files WiRO WETLA10v NDSTC° TER?RAUCH N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 One An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally STROUD ENGINEERING, P.A. 102-D Cinema Drive WILMINGTON, NC 28403 (910) 815-0775 2 Q Q 6 1 2 g 3 TO Q0% 1t('-T*Law4DS T.?ea f: t1 E Copy WE ARE SENDING YOU -14 Attached ? Under separate cover via ? Shop drawings ? Prints ? Plans ? Copy of letter ? Change order ? the following items: ? Samples ? Specifications COPIES DATE NO. DESCRIPTION Z G?1 ?- L- THESE ARE TRANSMITTED as checked below: 10 For approval ? For your use ? As requested ? For review and comment ? FOR BIDS DUE REMARKS ? Approved as submitted ? Approved as noted ? Returned for corrections ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints ? PRINTS RETURNED AFTER LOAN TO US R?? ?w, 17 ?O?+J ?F?'? ??N C+?,G Sr 'O p-EFZ ?n1aNt3? 'L1T?,N?w4S, (?STX+??Lj,6? /U ?N r>? 1.?0 ? e? R-r,? r_.ra-r ? .?,.J ?.-e,?. T ; s pe?c?-. c..?.t,... ?,...? i F' yam.. ??,. ? ? .. u [LIEUTEn @1 'U° d MMET faM DATE S a 1,6 Z. JOB NO. -1 ATTENTION R E: R 1 H1?, n v r- is Dd ?-+?tC. puJ Goaw.-T? U 1 COPY TO SIGNED: Z DENR - WATER QUALITY cTVd3°- - - If enclosures are not as noted, kindly notify us at once. U.S. ARMY CORPS OF ENGINEERS .200 6 1 2 9 3 WILMINGTON DISTRICT Action ID. 2006 32163 067 County: Onslow USGS Quad: Holly Ridge GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Neighborhoods of Holly Ridge, LLC Agent: Stroud Engineering Address: 106-A Cinema Drive attn: Zak Shipman Wilmington, NC 28403 102-D Cinema Drive Wilmington, NC 28403 Telephone No.: 910-343-9209 910-815-0775 Size and location of property (water body, road name/number, town, etc.): The 99.36 acre site (The Neighborhoods of Holly Ridge Phase 11) is located 2 miles south of the intersection of NC 50 and US 17 along the west side of Hwy 50 adiacent to County Line Branch. Description of projects area and activity: This permit covers the three specific actions; (1) road crossing of Belvedere Drive, (2) improved road crossing at Azalea Drive, and (3) a twenty five foot utility crossing. These described actions will result in 0.13 acres of permanent 404 wetland impact. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Pe u er: Nationwide Permit umber: NW-39 SEE ATTACHED SPECIAL CONDI ATIONWIDE CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management, Wilmington, NC at 910-796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brad Shaver at 910-251-4611. Corps Regulatory Official L L Date: August 7, 2006 Expiration Date of Verification: March 18, 2007 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.htm] to complete the survey online. Copy Furnished: NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405 D @ nM (?5' (n1 LI V L5 ?(U? 1 1 2006 AU G .f I The Neighborhoods of Holly Ridge,Phase H Onslow County AID# 2006 32163 067 Special Conditions: 1) In order to compensate for impacts to 0.13 acres of wetlands the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.26 acres of non-riparian wetlands in the White Oak River Basin, Cataloging Unit 03030001. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. 2) This authorization covers the improvements to the existing road crossing at Azalea Drive, the construction of the new crossing at Belvedere Drive, and the 25' utility crossing south of Magnolia Drive. The utility crossing should be restored to the original grade once the work is complete. 3) Any additional work beyond the three items described above will be construed as working within jurisdictional areas without a permit and result in an enforcement action. Corp Regulatory Official l a,,,` Date August 7, 2006 ;1. Action ID Number:2006 32163 067 County:Onslow Permittee: The Neighborhoods of Holly Ridge, Phase II Date Permit Issued: AuLrust 7, 2006 Project Manager: Shaver Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE P.O. BOX 1890 WILMINGTON, NC 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ^J&q-7 cosystem PROGRAM July 27, 2006 Zak Shipman Stroud Engineering 102-D Cinema Drive Wilmington, NC 28403 Project: The Neighborhoods of Holly Ridge County: Onslow The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm__ White Oak 03030001 0 0.1 0 0 0 0 0 0 Upon receipt of payment, NCEEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 mitigation-to-impact ratio, (buffers, Zone I at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. Sincerely, pp 8•'14iJ William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Brad Shaver, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, DCM-Morehead City File EKAmziktg... Prot"' Oar Stag en Z-51rR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net a af43@[M91NR1 AUG 1 1 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH 1 O IET! W ArE.? Pre-Construction Notification (PCN) Application Form r_ -^i For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at www.saw.usace.army.mil/wetlands/Permits.html. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at ivww.saw.usace.army.mil/wetlands/index.html, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://l12o.enr.state.ne.us/newetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Updated 11/1/20D5 Page 1 of 12 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at littp://www.usace.army.mil/inet/functions/cw/cecwo/reg/2002nwps pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://l12o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Updated 11/1/2005 Page 2 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany. Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 North Carolina State Agencies Division of Water Quality Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone: (919) 715-0476 Fax: (919) 715-2219 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 856-4520 Telephone: (828) 258-3939 Telephone: (252) 728-5090 Updated 11/1/2005 Page 3 of 12 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 400 Commerce Avenue Bertie Craven Hyde Pender Morehead City, NC 28557-3421 Brunswick Currituck New Hanover Perquimans Telephone: (252) 808-2808 Camden Dare Onslow Tyrrell Fax: (252) 247-3330 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kemersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4. Updated 11/1/2005 Page 4 of 12 20061293 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. ,._.. Mr k J r .a iwt apNiicduic w uiis project, please enter "loot Applicable" or "N/A".) 1. Processing 0 Rya. 6% 1. Check all of the approval(s) requested for this project: C(Or y ® 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: 1 ? 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: N 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 here: ? H. Applicant Information p ??LS Qn/?L5 1. Owner/ApplAbhuY icant Informatinfn. on Name: S WI i .C LL AUG 1 1 2006 Mailing Address: I0' W i I M illalaf'l NC 28t1 D IATGR pr, •,; ?yl Telephone Number: 3qz - E-mail Address: 5ff4(3. NCB Fax Number: 2. Agent/Consultant Infonnation (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Z0-K _'?i i wa-k I Company Affiliation: i -R Mailing Address:, ,162 - Cinemi--DvivE Telephone Number: 815 - 0715 Fax Number: ?516 -0513 E-mail Address: _ZShipno2yl(a.Si1- ci"i?ieeY• C'.t)M Updated 11/1/2005 Page 5 of 12 M. 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 ofproject:--f?2 Meiahbm?110S W Adu zdu -Pkos-e ?:ZL J 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): ?1??3(DOIaBS ?97 4. Location County: QM160 Nearest Town: D f d Subdivision name (include phase/lot number)-flie p Directions to site (include road numbers/names, landmarks, etc.): NC JnitxS Mho , tic Sou-h Si+ rs mom. Yighf mi !ps -fvom 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): 3q 0,!28 "1?311 °N 'T7° 6Z 1 46 °W 6. Property size (acres): R 36 AC• 7. Name of nearest receiving body of water: 8. River (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/naps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: S 4e i5 5?aY5eJQ 1>`=df d wf4+ IOIIJ Updated 1111/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: rubber -H re, &- wi IV be utccV. i - 11. Explain the purpose of the proposed work:. ffW O0115-tyuchm Q F ?I11G1 ?? -fGt,mlld h?rnQS 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. 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. 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 i Updated 11/1/2005 Page 7of12 AUGti 9.2006 3:31PN USAED WILMINGTON N0.166 P.2 2, Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both stnrctnre and flnndina Wetland Impact -site Number (u#dicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bob, etc.) Located within 100-year Floodplain no Distance to Nearest Stream (Huear feet Area of Impact (acres) anon! o. a cn v r?,a I O.M - Ja .cam Q,.,tiS ?,?, Total wetland Impact (acres) o, t 3. List the total acreage (estimated) of all existing wetlands on the property:-) o i 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip.-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acrea2e_ miihinly length X wititt, thP„ rl;?,;,7A t,., AZ a4n Stream Impact Number indicate on Stream Dame Type of Impact Perennial or Intermftew Average SU=m'Width Before Im Impact LengW. feet Area of Impact acres Total Stream Impact (by keugth and aciseage) S. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, A,tiantic 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_ Open Water Impact Site Number indicate on tna) Name of Waterbody (if applicable) Type of Impact Type of Wate 3ody (lake pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) TpW Open Water Impact (acres) 41 Upd4ad 11/1/2005 Page S of 12 6. List the cumulative impact to all Waters of the TT recnltinQ frnrn +hP „r ,;o +. Stream Impact (acres): Wetland Impact (acres): 0. /0 Open Water Impact (acres): 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 USAGE. 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.): F_XeG?O, OL Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): fyhn-MLkA q I Ye1' eyri- Current land use in the vicinity of the pond: VQ('Qyl-f' Size of watershed draining to pond: C5 P Expected pond surface area:. e Ip 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 a plicable, discuss construction techniques to be followed during construction to reduce impacts.- 1C( nai twjna 7pm eH 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. Flo+e : 7fai Hale Arm S ur4aC?e area. Tbnd 3q.Uzk, I.194 ABC. Updated 11/1/2005 tmo3 Ac.. Z 2Z.y2. AC... 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 salve 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 llttp://h2o.enr.state.ne.tis/newetlands/strmgide btml. 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. I Of 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 littp://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five 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): Amount of Non-riparian wetland mitigation requested (acres): 10. / U 3 Amount of Coastal wetland mitigation requested (acres): Updated 11/1/2005 Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 50 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. 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 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. Zone* Impact Required Multiplier 3 (2 for Catawba) 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 Paymer Riparian Buffer Restoration Fund). Please attach all appropriate information as within 15A NCAC 2B .0242 or .0244, or .0260. into the identified Updated 1111/2005 Page 11 of 12 i 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 demonstrating total proposed impervious level. Irl.-A14- a-}l l)n 111 d he -DvnvirJr/J 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. in r_......._.. Y-. _ ... . - . Y-M. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No 0 Is this an after-the-fact permit application? Yes ? No 9 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 littp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: 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). C :pplicant/Agent's Signature signature is valid only if an authorization letter from the applicant Updated 11/1/2005 Page 12 of 12 U.S. ARMY CORPS OF ENGINEERS u 7-?7 WILMINGTON DISTRICT Qp Action ID. 2006 32163 067 County: Onslow USGS Quad: Holly Ridge GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Neighborhoods of Holly Ridge, LLC Agent: Stroud Engineering Address: 106-A Cinema Drive attn: Zak Shipman Wilmington, NC 28403 102-D Cinema Drive 0 0 b' 1 2 9 3 Wilmington, NC 28403 Telephone No.: 910-343-9209 910-815-0775 Size and location of property (water body, road name/number, town, etc.): The 99.36 acre site (The Neighborhoods of Holly Ridge Phase 11) is located 2 miles south of the intersection of NC 50 and US 17 along the west side of Hwy 50 adjacent to County Line Branch. Description of projects area and activity: This permit covers the three specific actions; (1) road crossing of Belvedere Drive, (2) improved road crossing at Azalea Drive, and (3) a twenty five foot utility crossing. These described actions will result in 0.13 acres of permanent 404 wetland impact. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW-39 SEE ATTACHED SPECIAL CONDITIONS AND NATIONWIDE CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWT. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management, Wilmington, NC at 910-796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brad Shaver at 910-251-4611. Corps Regulatory Official Li L Date: August 7, 2006 Expiration Date of Verification: March 18, 2007 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.miVWETLANDS/index.html to complete the survey online. Copy Furnished: NCDENR-DWQ attn: Joanne Steenhuis 127 Cardinal Drive Wilmington, NC 28405 D AUG 1 1 2006 if The Neighborhoods of Holly Ridge,Phase H Onslow County AID# 2006 32163 067 Special Conditions: 1) In order to compensate for impacts to 0.13 acres of wetlands the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 0.26 acres of non-riparian wetlands in the White Oak River Basin, Cataloging Unit 03030001. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. 2) This authorization covers the improvements to the existing road crossing at Azalea Drive, the construction of the new crossing at Belvedere Drive, and the 25' utility crossing south of Magnolia Drive. The utility crossing should be restored to the original grade once the work is complete. 3) Any additional work beyond the three items described above will be construed as working within jurisdictional areas without a permit and result in an enforcement action. Corp Regulatory Official tj ?,? Date August 7, 2006_ Action ID Number:2006 32163 067 Permittee: The Neighborhoods of Holly Ridge, Phase H Date Permit Issued: August 7, 2006 Project Manager: Shaver County:Onslow Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WILMINGTON REGULATORY FIELD OFFICE P.O. BOX 1890 WILMINGTON, NC 28402-1890 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date etJ&q? -, cosystem ,come PROGRAM July 27, 2006 Zak Shipman Stroud Engineering 102-D Cinema Drive Wilmington, NC 28403 Project: The Neighborhoods of Holly Ridge County: Onslow The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm White Oak 03030001 0 0.1 0 0 0 0 0 0 Upon receipt of payment, NCEEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. Sincerely, -?--?? William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Brad Shaver, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, DCM-Morehead City File 2z"toring... 'E... Prot", ow State, ©M URNR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net i OF War %Q -?0A QG 111 co O -C- Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at www.saw.usace.ariny.mil/wetlands/Permits.html. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at www.saw.usace.ariny.mil/wetlands/index html, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://l12o.enr.state.ne.us/ncwetlaiids to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application) prior to submittal of the application. Updated 11/1/2005 Page 1 of 12 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at http://www.usace.ariny.mil/inet/functions/ew/ceewo/reg/?002nwps.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.chnr.state.ne.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Updated 11/1/2005 Page 2 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans • *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-6893 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 Division of Water Quality Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone: (919) 715-0476 Fax: (919) 715-2219 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Updated 1111/2005 Page 3 of 12 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 400 Commerce Avenue Bertie Craven Hyde Pender Morehead City, NC 28557-3421 Brunswick Currituck New Hanover Perquimans Telephone: (252) 808-2808 Camden Dare Onslow Tyrrell Fax: (252) 247-3330 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 452-7772 Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4. Updated 11/1/2005 Page 4of12 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2® 0 6 1 2 9 3 ,Tl k- "..y F-LI-al ,«,L, ?6 LIUL at,p„Uaolc tv ims project, piease enter "loot Applicable" or "N/A".) I. Processing C(0 UR7* Ee-: SY 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: N 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: n 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 here: ? H. Applicant Information 1. Owner/Applicant Information AUG 1 1 2006 Telephone Number: 3y3 - gaoq Fax Number: Z y3 - E-mail Address: S(Y}l4 (d MPPNV. -M 1. n-a 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: Z-0-K ??t i i71YV1Yt Company Affiliation: i _-P Mailing Address-: (6 ool -?( V,0 M& --D1jKt, Telephone Number: 815 - 6775 Fax Number: EIS -6573 E-mail Address: ZShiPMarlQ_5-tMd?GihecY. CoM Updated 11/1/2005 Page 5 of 12 M. Project Information 8. 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 ofproject:-Tlrl2 f ejQ11b?1rltt& W _j?idat phase 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): yc???Lod JoZUC/ j9rl 4. Location County: OM1610 Nearest Town: D 1 QJ Subdivision name (include phase/lot number). p Z Directions to site (include road numbers/names, landmarks, etc.): J?1C iniar ee-inn , m S'D Si+e i5 mp. Yi4 f e? milts.. -nom _ ln+erg(fobw . 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): qq°a8 a3" °N '77-0 441o°W 6. Property size (acres): R 3b AC. 7. Name of nearest receiving body of water:_ OUnfU Li?]2 -6-rahch River Basin: t-V-(.laL (Note - this must e one of North Carolina's seventeen designated major river River Basin map is available at http://h2o.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: 3 ire i5 Si-?iYse]Q. tobcded u)i+-h imo basins. The Updated 11/1/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used -- ...-..-1 - ... _. .. rubbextire, &. wile be utecP- - 11. Explain the purpose of the proposed work: ??_?Y ObM-hiJC-h'OO 0? ?IYYa?p 4'7j lit j hrimo -,. 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. 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. In C - _ _. - -I _ _ -. . - r 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 snap, 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: I YY - w d - 5 w i l l i yld ucl r u Updated 11/1/2005 Page 7 of 12 ,AUG. 73.2006 3:31PM USAED WILMINGTON N0.166 P.2 2, Individually list wetland impacts. Types of impacts include, but are not limited to mechanized Blearing, grading, fill, excavation, flooding, ditchi4drainage, etc. For dams, separately list impacts due to hoth RtntctnrA and flnnil;ra Wetland impact Site Number (indicate on neap) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bob, etc.) Located within 100-year Floodplain no Distance to Nearest Stream feet Area of Impact (acres) pao.?/ D. G? GP RtS ra W a,o 1:1 V RF"P tla a.© I Ja r a??? t~?.? c?...bs Total. Wetland Impact (acres) o. 3. List the total acreage (estimated) of all existing wetlands on the property.--) Q 4. Individually list all intelmittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. millAnJU lPnoth X w;A+h thA.? A;-;A- U., Az K4n $treamIttzpact Number indicate on ) Stream Name ---- -, --- Type of Impact -- - ---- --- - Pezvnnial or IntermiffeW - -- -Average.. .» StreaM %ru tll Be OM Im .....??, ? Length feet ?Areaof Impact acres Total Strew Impact (by Iettgth and ageare) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, A,tiantic Ocean and any other w4ter of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredidnR. flooding. drainage- bulkheads- etc. Open Water Impact Site Ntm*er cate on ma) Name of Waterbody (if applicable) Type of Impact 'fie of Waterbody Mir, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) TOW Open Water impact (acres) I& updated 11/1/2005 Page 9 of 12 6. List the cumulative impact to all Wnterc nfthe TT .q racnltinr P-- tl,o r..-x0..1. Stream Impact (acres): Wetland Impact (acres): 0. /0 Open Water Impact acres : 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. 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.):E_COyOA, On Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):5itry1'YliW-}-pV _JZ? Q ' ZMeyl.1- Current land use in the vicinity of the pond: yQ('QYIf Size of watershed draining to pond: nfe, 1`b-ir- Expected pond surface area:5e„-?e 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 a plicable, discuss construction techniques to be followed during construction to reduce impacts. C-? enai ?Y11 a D[V 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 -Y Noe : 71ai mie Area S urFa ce Aye v, grid ? 39 .02Ac 1.54 A C- . Page 9of12 0•Lo3 AL. -Pald Z 2z.y2- 4c-•. 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 littp:Hh2o.enr.state.nc.us/ncwetlaiids/strmgide.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. I pf' 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://12o.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: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): D . 16 3 Amount of Coastal wetland mitigation requested (acres): Updated 11/1/2005 Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No M 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 ? 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 213 .0233 (Meuse), 15A NCAC 213 .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 i-,.. - C _-A Multiplier 3 (2 for Catawba) 1.5 Total I I I * 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. 3. 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. Updated 11/1/2005 Page 11 of 12 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 demonstrating total proposed impervious level. JrJ4'i_f _41-Z -h1)n Intl( I I be 17. VhV1 r d . 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. Jn r,.... ,,.-.. I - - - - 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 Z 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: 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). Updated 11/1/2005 Page 12 of 12