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HomeMy WebLinkAbout20061311 Ver 1_COMPLETE FILE_20060814 W AT ?9pG r > D "r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 15, 2006 DWQ Project # 06-1311 Craven County Mr. Henry Nice KMT Properties, LLC 418 Madame Moores Lane New Bern, NC 28562 Subject Property: Green Tree Subdivision - Section IV Ut to Boyds Branch -Neuse River [030410, 27-(104), SB, SW, NSW] 303d Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions Dear Mr. Nice: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.09 acres of wetland, 60 linear feet of perennial stream, and 6,861 square feet (ft) of Zone 1 Neuse River basin protected riparian buffers and 4,574 square feet (W) of Zone 2 Neuse River basin protected riparian buffers to construct the proposed residential subdivision as described in your application dated July 19, 2006, and received by the Division of Water Quality (DWQ) on August 14, 2006, with more information received on October 18, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B.0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and. Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o,enr.state.nc.us/newetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper One N Carolina Naturally KMT Properties, LLC Page 2 of 4 December 15, 2006 Amount Approved (Units) Plan Location or Reference 404/Wetland 0.09 acres PCN page 8 of 12 Stream - perennial 60 linear feet PCN page 8 of 12 Buffer -Zone 1 6,861 (square ft. PCN page 11 of 12 Buffer - Zone 2 4,574 (square ft. PCN page 11 of 12 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corr idor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 213.0233 and GC 3404; 6. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). You must provide, and get approval for, diffuse flow provision measures for the site before the KNIT Properties, LLC Page 3 of 4 December 15, 2006 proposed impacts may occur. This includes all applicable worksheets and a signed'and sealed Operations and Maintenance agreement. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 8. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Documents. htm.; 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any. subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. KMT Properties, LLC Page 4 of 4 December 15, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. AWK/Um Enclosures: GC3402 Certificate of Completion S' erel Alan W. Klimek, P.E. cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Street, P.O. Box 769, Morehead City, NC 27557 Kevin Avolis, Avolis Engineering; PO Box 15564; New Bern, NC 28561 DLR Washington Regional Office Filename: 061311 GreenTreeS DS ec I V(Craven)101 _NB R f O? ?? p6 o ? ;? ? do 20 0 6 1 3 1 1 Fem. ? j \i ? J ???Vw AT F9Q 303d 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 w,vvw.saw.usace.army.inil/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.army.miI/wetlands/index.htmi, 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://h2o.enr.state.nc.us/ncwetlands 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. Page 1 of 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 httl2://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://h2o.ehnr.state.nc.us/ncwetlands/fees.htini. 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. Page 2 of 2 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 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 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 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. Page 4 of 4 30 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 1 3 1 9 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: _ ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 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 Q1, c,@ 9919 D AUG 1 4 2006 Name: KMT Properties, LLC DENFt-WAit:fF-C+u^LITY`- Mailing Address: 418 Madame Moores Lane iiFvkd NdDSTnuuwORBFLANCH New Bern NC 28562 Telephone Number: 757-873-1122 Fax Number: 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: Kevin Avolis P.E. Company Affiliation: Avolis Engineering, P.A. Mailing Address: P.O. Box 15564 New Bern. NC 28561 Telephone Number: 252-633-0068 Fax Number:-252-633-6507 E-mail Address: avolisengPa lpmonline.net Page 5 of 5 III. Project Information 5 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: Green Tree Subdivision, Section IV 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 7-043-015-A 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): Green Tree Subdivision, Section IV Directions to site (include road numbers/names, landmarks, etc.): Highway 70 East. Turn left on Thurman Road. Turn right on Old Cherry Point Road. Turn left on Gibbs Road. Turn right on Green Tree Road. Project is located at the end of Green Tree Drive. Site coordinates (For linear projects, such as a road or utility line, separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35 1' 55" ON 77 6. Property size (acres): 37.44 AC 7. Name of nearest receiving body of water: Neuse River 8. River Basin: Neuse (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/inaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Vacant timberland. Surrounding properties are residential in nature. attach a sheet that 59' 34" °W Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: See narrative. Equipment to be used includes excavators, dump trucks and dozers. 11. Explain the purpose of the proposed work: To develop a new residential subdivision. Install roadway crossing and utilities through wetland area to access upland areas. 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. None 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. None - No more development on tract. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See attached narrative. Page 7 of 7 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) --------------------- Grade/Fill Forested Wetland Yes -------------- 0.09 Total Wetland Impact (acres) 0.09 3. List the total acreage (estimated) of all existing wetlands on the property: 10.46 AC 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 length X width, then divide b 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Intermittent. Perennial Intermittent? Average Stream Width Before Impact Impact Length (linear feet Area of Impact acres --------------- UT To Boyds Branch Wetland Crossing Perennial 8 Feet 60 0.01 Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact (acres) N/A Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.01 AC Wetland Impact (acres): 0.09 AC Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) 0.09 AC Total Stream Impact (linear feet): 60 LF 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. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: Size of watershed draining to pond: N/A 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. See attached narrative. 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. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/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. Mitigation proposed through payment to the North Carolina Ecosystem Enhancement Program. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wr2/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): -0- Amount of buffer mitigation requested (square feet): -0- Amount of Riparian wetland mitigation requested (acres): 0.09 AC Amount of Non-riparian wetland mitigation requested (acres): -0- Amount of Coastal wetland mitigation requested (acres): -0- Page 10 of 10 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 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet Mitigation 1 6,861 SF 3 (2 for Catawba) 2 4,574 SF 1.5 Total I 11,435 SF 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 2B .0242 or .0244, or .0260. Page 11 of 11 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. Proposed built-upon area is approximately 11.0% qualifying the proiect for low density coastal stormwaterpermit. A total of 4.12 acres of impermeable is proposed on the 37.44 acre tract. 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. All sewage disposal will be to public sewer system operated by the City of New Bern. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: The subdivision is being developed to an overall built-upon density of 11.0%. Buffer areas along wetlands are being maintained in existing conditions. 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). Henry Nice, Member/Manager Applicant/Agent's Signature (Agent's signature is valid J Date if an authorization letter from the applicant is provided.) Page 12 of 12 PROJECT NARRATIVE GREEN TREE SUBDIVISION, SECTION IV TOWNSHIP NO.7 CRAVEN COUNTY, NORTH CAROLINA A. PROJECT DESCRIPTION The Green Tree Subdivision project consists of the development of a 33 lot single-family residential subdivision on 37.44 acres of land located in Township No. 7 of Craven County, North Carolina. Elevations on the site vary between ten to twenty-six feet above the normal water level. The subject property is located in Craven County, one of the twenty coastal counties. Therefore, the project must comply with the Coastal Stormwater permitting requirements. The project is being submitted as a low density stormwater permit project. A total project built-upon density of 11.0% is proposed. Wetland areas and Neuse Riparian Buffer areas exist on the subject property as delineated on the attached site plan. This wetland delineation has been confirmed by the U.S. Army Corps of Engineers. It is proposed as a part of the construction to impact 0.09 acres of wetlands in order to install the site improvements. Specifically, these wetland impacts will occur in one location along Nice Drive. The wetland crossing is located along Nice Drive at approximately Station 2+50. It is proposed that a total of 3,900 squar feet of wetlands be impacted in this area to create a primary road crossing. A forty-two inch culvert will be installed to ensure that stormwater runoff occurs from upstream areas across this wetland fill area. Neuse Riparian Buffer areas exist on the subject property. The riparian buffers at the proposed wetland crossing will be impacted by the proposed construction. A total of 6,81 square feet of Zone 1 Buffer will be disturbed. A total of 4,574 square feet of Zone 2 Buffer will be impacted. The impacts will occur to construct the road crossing and create stable side slope conditions. B. IMPACT JUSTIFICATION The proposed alignment of roadway system for Green Tree Subdivision, Section IV was designed to minimize impacts to wetland and buffer areas. The wetland and buffer impacts are necessary in order to access the upland areas available for development. The impacts are necessary in order to provide access to lots 17 - 25 from a public road. No other upland access exists to this ridge area on the subject property. The road crossing was placed upstream to the extent practical in the wetland system to minimize impacts to lower lying wetlands along Boyds Branch. C. PROJECT MITIGATION Project mitigation is proposed to occur though payment to the North Carolina Ecosystem Enhancement Program. LAYOUT Page 1 of 1 Ao. A Schools y0 y ?f ` :- • Geodetic Monuments 1 ;? s I _' .1 Road Centedines N i t ' ATM'` f,J Phooks ?i s ,..1 ,mss Railroad Parc ls e 77 7 2A Water Wt. j;i ...- v - Tsai. . V t t? ?y ._ r t "Jil try _ 7,. _ t •r ?; ,.r,;z?: ?\" ,r ? t Z '.. .yam ; . -,?,;.1 r•? `? k`'? t ? ' A o I ` V S ? y^ +j ?. S 0 f.-.- 11 o -? m,: f SAS S r € = pftEi RIVEMM&E CRAVEN COUNTY NORTH CAROLINA 0 1000 ft OA July 17, 2006 7:00:32 AM Craven County does not warrant the information shown on this map and should be used only for tax assessment purposes. Map made on July 17, 2006 at 4:15:27 PM it' A \ " y Z Vy} Fj A ft N K YI i 14 MN? ? a RC GRID WRTM .0 43 p r all , Q po p .25g ? I ?. ? \ o spy }[?(?j( ?Nn r2 rv (S r2 (2- (2- 77 000` IZ2 9A MP el S' 0 \_ \ ® r NJ r6f s9 s? PV 06 • • • • bb ; • V • ? d W ' A f y • ^ • `111111111/ , ?\``?OC? • • ? • • . o - (D r) zi? ?/ ••....•' ??? pry I Z I C NZ o co GREEN TREE SUBDIVISION, SECTION IV NO. 7 TOWNSHIP V AVOLIS ENGINEERING, P.A. d CRA EN COUNTY, NORTH CAROLINA fs. Civil and Environmental Engineering P.O. BOX 15564 NEW BERN. NORTH CAROLINA 28561 ci OVERALL GRADING & EROSION CONTROL PLAN PHONE: (252) 633-0068 FAX: (252) 633-6507 s o° tilt a•? 1i I? fi• 'i r °w k +3 ,Aw ? wAw?. . rww,y z r, ??\L4C t 1 r ? ( t :...-? _G a I iriJ Jr'- .w frr ? ? +yse?(•..??a?• r'y,a Y???14 fit} ? ..-. ?? „? ??. .. -? - .. ? ., . :lam ? s .'rwK ? ..? S ,?,"r - r'? s` ? ••• p' ? r. ''" ' v ????! y < t rti= 1' BBSiROAD t a - ' ? k i f s ? er• . • BM ?y ,3 r? a lti s F r r y t .1 ,f k.c,? I ?yy 1 ..,...?? ZE- ? ? ? ? ?? iti t ,? " - ? S 0 ?. ' j" ",c , Y r ? RIVER ?:?2,?-,. Fi y .. An 2 ? y ? AVOLIS ENGINEERING, P.A. USGS TOPOGRAPHIC MAP _ Civil and Environmental Engineering GREENTREE SUBDIVISION - FINAL. PHASE G -\r PO BOX 15564 NEW BERN, NORTH CAROLINA 28561 GREENTREE DRIVE PHONE: (252)633-0068, FAX (252)633-6507 CRAVEN COUNTY, N.C. Michael F. Easley, Governor October 10, 2006 r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1311 Craven County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Henry Nice KMT Properties, LLC 418 Madame Moores Lane New Bern, NC 28562 Subject Property: Green Tree Subdivision - Section IV Ut to Boyds Branch -Neuse River [030410, 27-(104), SB, SW, NSW] 303d REQUEST FOR MORE INFORMATION Dear Mr. Nice: On August 14, 2006, the Division of Water Quality (DWQ) received your application dated July 19, 2006, to impact 0.09 acres of wetland to construct the proposed residential subdivision. On September 7, 2006, the DWQ received additional information from you, however, the DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: Please clearly indicate Zone 1 and Zone 2 of the Neuse River basin protected riparian buffer on your entire site plan. 2. In correspondence dated August 22, 2006, from the DWQ, we requested, "Please provide a site plan with typical building envelopes illustrated on the lots. Please provide evidence that further impacts to wetland, streams, and buffers will not be incurred as lots are developed." Your agent replied in correspondence date August 31, 2006, ...please find the following: "Three copies of Sheet Cl Annotating house placement and driveway arrangement on each lot within the subdivision. This layout indicates that all houses and driveways can be constructed without impacting any 404 wetland areas." Please address whether additional stream and buffer impacts will occur as originally requested. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetiands r An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper One NbfthCarolina Naturally KMT Properties, LLC Page 2 of 2 October 10, 2006 3. Lot No. 2 has a building footprint shown in the buffer. If the subdivision was platted after January 2000, there should be no buffer impacts with dwellings proposed. Please address this discrepancy. Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. CBKIUm rel , Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Kevin Avolis, Avolis Engineering, P.A., P.O. Box 15564, New Bern, NC 28561 Filename: 061311 GreenTreeSDSecIV(Craven)On_Hold2 Triage Check List r^ S ?? - Date: Project Name: DWQ#: v t l ' -f 1 s j County: To: ? ARO Kevin Barnett aRO Kyle Barnes ? FRO Ken Averitte WiRO Noelle Lutheran/Joanne Steenhuis ? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb ? RRO Eric K From: Lot GV-l Telephone : (919) The file attached is being forwarded to your 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 (Meuse, 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? F-1 (',,mnlative imnact concern AVOLIS ENGINEERING P.A. Dj U P.O. Box 15564 - New Bern, North Carolina 28561 - (252) 633-0068 -L2 August 31, 2006 Ms. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit NCDENR - Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Green Tree Subdivision - Section IV Ut to Boyds Branch - Neuse River [030410, 27-(104), SB, SW, NSW] 303d AE Project No. 04083 Dear Cyndi: In response to your August 22, 2006 letter requesting additional information relative to the referenced project, attached please find the following: Three Copies of Sheet C1 Annotating House Placement and Driveway Arrangement on Each Lot within the Subdivision. This layout indicates that all houses and driveways can be constructed without impacting any 404 Wetland areas. Also, please accept this letter as certification that no wetland areas were impacted as a part of the construction of Sections I - III of Green Tree Subdivision. The majority of that development occurred in open farm field areas. No wetland impacts or permits existed relative to this development which occurred during the mid 1990's. It is requested that you continue with your review of this permit application and if deemed appropriate issue the 401 Water Quality Certification. relating to this matter, please do not hesitate to call. Q SEF 7 2006 WETLANDS AND ST E p ATER BRANCH O?O? WA T-/QQG co f Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 22, 2006 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Henry Nice KMT Properties, LLC 418 Madame Moores Lane New Bern, NC 28562 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1311 Craven County Subject Property: Green Tree Subdivision - Section IV Ut to Boyds Branch -Neuse River [030410, 27-(104), SB, SW, NSW] 303d REQUEST FOR MORE INFORMATION Dear Mr. Nice: On August 14, 2006, the Division of Water Quality (DWQ) received your application dated July 19, 2006, to impact 0.09 acres of wetland, to construct the proposed residential subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please confirm in writing that Phases I, H and H involved no prior stream or wetland impacts. If previous impacts have occurred, please describe the extent of the impacts, along with the dates of these impacts. 2. Please provide a site plan with typical building envelopes illustrated on the lots. Please provide evidence that finther impacts to wetland, streams and buffers will not be incurred as lots are developed. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at 401 Oversight/Express Review Permits Unit Vfll ?tJ Pna 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet htto://h2o.enr.state.nc.us/ncwetlands i KMT Properties, LLC • Page 2 of 2 August 22, 2006 this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyn 1 Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/i m cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Kevin Avolis, Avolis Engineering, P.A., P.O. Box 15564, New Bern, NC 28561 Filename: 061311GreenTreeSDSecIV(Craven)G4Hold reviews 06-1309 Lost and Found Lumber Co Perquimans 9/15/2006 10/09/06 CAMA/MJ Issue with conditions: BMP's for disturbance and Marine Fisheries Moritorium is met 06-1311 Green Tree SD Sec. IV Craven 09/07/06 10/09/06 NW 18 Hold: Shouldn't this be a NW 14?, Applicant needs to provide calculation of buffer impacts for crossing, Lot 2 has house proposed in buffer. If subdivision was platted after Jan. 2000 there should be no buffer impacts with dwellings proposed. Plat should show both zones of the buffer. buffer. Request stream determination for crossing 2 of 2 10/9/2006 4:31 PM reviews Subject: reviews From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Mon, 09 Oct 2006 16:29:51 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net> Here are a few. Not sure if I sent you the first couple already and one we have talked about and you wrote. The HOLD you can all me if you have any questions. 06-0556 3-n-1, Inc. Pasquotank 9/13/2006 10/05/06 CAMA/MJ issue normal conditions 06-1193 Wharfs Landing Dare 10/3/2006 10/05/06 NW 18 does not need written concurrence 06-1483 UT to Pembroke Cr. Wetland and Stream Res. Chowan 9/18/2006 10/06/06 EEP issue normal conditions 1 of 2 10/9/2006 4:31 PM Z7` AVOLIS ENGINEERING, P.A. ?P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 August 31, 2006 Ms. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit NCDENR - Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Green Tree Subdivision - Section IV Ut to Boyds Branch - Neuse River [030410, 27-(104), SB, SW, NSW] 303d AE Project No. 04083 Dear Cyndi: In response to your August 22, 2006 letter requesting additional information relative to the referenced project, attached please find the following: Three Copies of Sheet C 1 Annotating House Placement and Driveway Arrangement on Each Lot within the Subdivision. This layout indicates that all houses and driveways can be constructed without impacting any 404 Wetland areas. Also, please accept this letter as certification that no wetland areas were impacted as a part of the construction of Sections I - III of Green Tree Subdivision. The majority of that development occurred in open farm field areas. No wetland impacts or permits existed relative to this development which occurred during the mid 1990's. It is requested that you continue with your review of this permit application and if deemed appropriate issue the 401 Water Quality Certification. t d ou have any ly, Avolis, P.E. President relating to this matter, please do not hesitate to call. a[AVEN4 S U 7 2006 WETLANDS AND STQRMWATER BRANCH 7 it o stem y F V a-, ?D". . s PROGRAM August 2, 2006 Kevin Avolis Avolis Engineering P O Box 15564 New Bern, NC 28561 Project: Green Tree S/D, Sec. IV County: Craven -) ) G 131 1\,l U 10 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 Neuse 03020204 0.09 0 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 -? E ? T _ -- - Scott Jones, USACE-Washington . +..? .. ?, ?.t Kyle Barnes, DWQ-Washington ?? Doug Huggett, DCM-Morehead City AU G 0 4 2005 File rr-t?. Prot" oar .-tats E North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net 2 0 0 6 1 3 1 1 ag@gV9 AUG 1 4 206 ?0 WATF9Q 33d DENR - \NATER QUALITY z ;; =t WETI.AWS AND STORMATF-R BRANCH 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 ,vvww.saw. usace.army.miI/wetlands/Perm its.htm1. 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.army.miI/wetlands/index.htm1, 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://h2o.enr.state.nc.us/ncwetlands 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. Page 1 of 1 .4? 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 army.miI/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•//h2o.ehnr.state.ne.us/ncwet]ands/fees.htm1. 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. Page 2 of 2 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 M 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 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Brunswick Currituck New Hanover Perquimans Fax: (919) 733-1495 Camden Carteret Dare Gates Onslow Pamlico Tyrrell 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. Page 4 of 4 3034 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 006 13 j (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing II. 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: 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 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: Applicant Information 1. Owner/Applicant Information Name: KMT Properties, LLC C Mailing Address: 418 Madame Moores Lane New Bern NC 28562 gENR _ W D STOftA}jTER'9 Telephone Number: 757-873-1122 Fax Number: 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: Kevin Avolis P.E. Company Affiliation: Avolis Engineering P.A. Mailing Address: P.O. Box 15564 New Berri, NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address: avolisena(ablpmonline.net Page 5 of 5 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: Green Tree Subdivision Section IV 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 7-043-015-A 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): Green Tree Subdivision Section IV Directions to site (include road numbers/names, landmarks, etc.):. Highway 70 East Turn left on Thurman Road. Turn right on Old Che!ly Point Road. Turn left on Gibbs Road. Turn right on Green Tree Road. Proiect is located at the end of Green Tree Drive 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35 1' 55" °N 77 59' 34" ow 6. Property size (acres): 37.44 AC 7. Name of nearest receiving body of water: Neuse River 8. River Basin: Neuse (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/adniin/i-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: Vacant timberland. Surrounding properties are residential in nature. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: See narrative. Equipment to be used includes excavators dump trucks and dozers 11. Explain the purpose of the proposed work: To develop a new residential subdivision Install roadway crossing and utilities through wetland area to access upland areas 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. None 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. None - No more development on tract VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See attached narrative. Page 7 of 7 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Total Wetland Impact (acres) Type of Impact Grade/Fill Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Forested Wetland Located within Distance to Area of I00-year Nearest Impact Floodplain Stream (acres) (yes/no) (linear feet Yes -------------- 0.09 0.09 3. List the total acreage (estimated) of all existing wetlands on the property: 10.46 AC 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acrea e, multi l length th X width, then divide b 43,560. Stream Impact Average impact Area of Number Stream Name Type of Impact Perennial or Stream Width Length Impact ndicate on ma) Intermittent? Before Impact linear feet (acres) --------------- UT To Boyds 8 Feet Branch Wetland Crossing Perennial 60 0.01 Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred in g, drainage, bulkheads, etc. Open Water Impact Name of Type of Waterbod Site Number Waterbody y Area of (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma ) ocean, etc.) (acres) N/A Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Wntarc of rhr- T T a --4: i,wu m act (acres): Lilt; ro cc' 0.01 AC PWWetland ja Im act (acres): 0.09 AC ater Im act (acres): act to Wat ers of the U.S. (acres) 0.09 AC Total Stream Impact (linear feet : 60 Tr 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. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: Size of watershed draining to pond: N/A 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. See attached narrative. 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. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.hti-ni. 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. Mitigation proposed through payment to the North Carolina Ecosystem Enhancement Program. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wEp/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): -0- Amount of buffer mitigation requested (square feet): -0- Amount of Riparian wetland mitigation requested (acres): 0.09 AC Amount of Non-riparian wetland mitigation requested (acres): -0- Amount of Coastal wetland mitigation requested (acres): -0- Page 10 of 10 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 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Required s uare feet) Multiplier Mitigation 1 6,861 SF 3 (2 for Catawba) 2 4,574 SF 1.5 Total I 11,435 SF 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 2B .0242 or.0244, or.0260. Page 11 of 11 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. Proposed built-upon area is approximately 11.0% qualifying the project for low density coastal stormwater permit. A total of 4.12 acres of impermeable is proposed on the 37.44 acre tract. 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. All sewage disposal will be to public sewer system operated b the City of New Bern. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The subdivision is being developed to an overall built-upon density of 11.0%. Buffer areas along wetlands are being maintained in existing conditions 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). Applicant/Agent's Signature (Agent's signature is valid only if an Date zation letter from the applicant is provided.) Page 12 of 12 PROJECT NARRATIVE GREEN TREE SUBDIVISION, SECTION IV TOWNSHIP NO.7 CRAVEN COUNTY, NORTH CAROLINA A. PROJECT DESCRIPTION The Green Tree Subdivision project consists of the development of a 33 lot single-family residential subdivision on 37.44 acres of land located in Township No. 7 of Craven County, North Carolina. Elevations on the site vary between ten to twenty-six feet above the normal water level. The subject property is located in Craven County, one of the twenty coastal counties. Therefore, the project must comply with the Coastal Stormwater permitting requirements. The project is being submitted as a low density stormwater permit project. A total project built-upon density of 11.0% is proposed. Wetland areas and Neuse Riparian Buffer areas exist on the subject property as delineated on the attached site plan. This wetland delineation has been confirmed by the U.S. Army Corps of Engineers. It is proposed as a part of the construction to impact 0.09 acres of wetlands in order to install the site improvements. Specifically, these wetland impacts will occur in one location along Nice Drive. The wetland crossing is located along Nice Drive at approximately Station 2+50. It is proposed that a total of 3,900 squar feet of wetlands be impacted in this area to create a primary road crossing. A forty-two inch culvert will be installed to ensure that stormwater runoff occurs from upstream areas across this wetland fill area. Neuse Riparian Buffer areas exist on the subject property. The riparian buffers at the proposed wetland crossing will be impacted by the proposed construction. A total of 6,81 square feet of Zone 1 Buffer will be disturbed. A total of 4,574 square feet of Zone 2 Buffer will be impacted. The impacts will occur to construct the road crossing and create stable side slope conditions. B. IMPACT JUSTIFICATION The proposed alignment of roadway system for Green Tree Subdivision, Section IV was designed to minimize impacts to wetland and buffer areas. The wetland and buffer impacts are necessary in order to access the upland areas available for development. The impacts are necessary in order to provide access to lots 17 - 25 from a public road. No other upland access exists to this ridge area on the subject property. The road crossing was placed upstream to the extent practical in the wetland system to minimize impacts to lower lying wetlands along Boyds Branch. C. PROJECT MITIGATION Project mitigation is proposed to occur though payment to the North Carolina Ecosystem Enhancement Program. LAYOUT Page 1 of 1 Schools y y Geodetic Monuments .' Road Centerlines __ Y 7 Phoolm - i _ x 4, R `? lS Railroad Parcels 7, 2A W ter a ?''Lt. " t I ? ? >` . ?'`-._J .?i z?, ` \•`,? ? Nom.. +f? 77 I All r -? s o r t r! p01Nt: ?rR1YERSt18RE tpGi??a ?1t f A t r 140 t t t 4 t S E r - ?_ '"fi '4i •t t ?--.,: I i 1? CRAVEN COUNTY NORTH CAROLINA 0 loon ft .p® July 17, 2006 7:00:32 AM Craven County does not warrant the information shown on this map and should be used only for tax assessment purposes. Map made on July 17, 2006 at 4:15:27 PM y ? . C K c.ro naarw wu A3'uzy a ? ? fa ? ? F r ?n solo BID C ? ? ny •\-7/ 0 9 S 4440 4 {? rt ?gF 9 SSOMD r or^a 4 0 0 ":' i ? ? ',...?w• ? \ \ •\ " ? rrN J' oa .Si cod ???? 3c<?y o cc(; D-c _ -? aya?r.•1.,- m !\• MO „>»»>»' • : ?'??" \?\ C>? \ F? DOD ?? V` ' ? \\??? (? SSSppp x(d.? !i ?' ?? \ ?\\ ?1 I \I _• ? v ? ? f rs+rTi Ip z?Fi-? • '9 ` uiq,,.. i' Vii. ?? ??? .? ri-, ,J I _ n????t??? ru z 9 c( q ell .o • , . ? ? ,",???, , ??3 ? 1;11, ?, ? _ r^? C) m o Ir/ S o ?? \ 1 \ /?- ' m r- n R z \\ ?j, 00 Co F1 70 m 'p/111 (:3 0 ? o -3 z.vS? Nm v( .. _ 1 ( --I c3 'o 0 rM- Ny=? a i o, 11 ?1 m cp Fl C W p ,? ? • W °Q x -Z 03 Gi D- ?1 i ` ??•i i O \ . 'o. \ m dz for , , ., ? ya W •••tr tt??•• \`\ S'a 7 C ran .? i 1I I J ? ? J? "^S?,? x ?, uUil ? t' u ? „I o a C (7 (1(11Y1 u x V co GREEN TREE SUBDIVISION, SECTION IV nP NO. 7 TOWNSHIP CRAVEN COUNTY NORTH CAROLINA AVOLI N GINEERING P.A. d , rin9 Civil nd Environmentol P O BOX 15564 NE R ci OVERALL GRADING & EROSION CONTROL PLAN . . W BE N, NORTH CAROLINA 28561 PHONE: (252) 633-0068 FAX: (252) 633-6587 ? n G p ?. p :j C3 N Z r r? d - F t F•' '1 s X A, , .A • A ` t l /• ? r ,+ ~ ! ? ?"a,?r. ? ?? dry r? _1 •?7 ts?+ .. - ' } t J ? r s? l j ? y'i ,t • I a .?-^. _ Ord" r s? o ' • .••- a?1 ?t?d? l/,' r,.s e s ? k y?r°r?r ;M as ..'rd ?C o d G BS ROAD a t x ? I { ? 4 Z- N, SITE •. °. A t 1 t ?,,, ...? y. _ ?s?••(. yin+ F ?# (J x t ? It ?`., ? ° !_ !_ • _ . . ? • a - i t ,,t-? $ i ?- Alt. 6 . i r ? 1 s :, fY1{, .???d ?t 1 t tNERSHOLRE.DR.-.. t d 1 I AVOLIS ENGINEERING, P.A. USGS TOPOGRAPHIC MAP ? C3..? Q? Civil and Environmental Engineering GREENTREE SUBDIVISION - FINAL. PHASE PO BOX 15564 NEW BERN, NORTH CAROLINA 28561 GREENTREE DRIVE PHONE: (252)633-0068. FAX (252)633-6507 CRAVEN COUNTY, N.C. -X, . Q A? G x 4 2006 WETtp M AND STOEWN #,TER BWC1`I 20061311 ?O v R G 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.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 www.saw.usace.army.miI/wetlands/index.htm1, 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://h2o.enr.state.nc.us/ncwetlands 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. Page I of I 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://w,.v,?v.usace.anny.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:/ih2o.chnr.state.nc.us/ncwetiands/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. Page 2 of 2 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 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 Page 3 of 3 CAMA and NC Coastal Counties Division of Coastal Management 1638 Mail Service Center Beaufort Chowan Hertford Pasquotank Raleigh, NC 27699-1638 Bertie Brunswick Craven Currituck Hyde New Hanover Pender Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 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. Page 4 of 4 3034 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 200 0 0 613 1 1 . (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 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: 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 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: II. Applicant Information D ??90n/72 1. Owner/Applicant Information AUG 1 4 Name: KMT Properties- LLC 2006 Mailing Address: QUAtiTy New Bern NC 28562 Telephone Number: 757-873-1122 Fax Number: 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: Kevin Avolis P.E. Company Affiliation: Avolis Enaineering P.A. Mailing Address: P.O. Box 15564 New Bern NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address:- avolisena(a?lnmonline net Page 5 of 5 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: Green Tree Subdivision Section IV 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 7-043-015-A 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): Green Tree Subdivision Section IV Directions to site (include road numbers/names, landmarks, etc.): Highway 70 East Turn left on Thurman Road. Turn right on Old Che Point Road. Turn left on Gibbs Road. Turn right on Green Tree Road. Proiect is located at the end of Green Tree Drive 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35 1' 55" °N 77 59' 34" °W 6. Property size (acres): 37.44 AC 7. Name of nearest receiving body of water: Neuse River 8. River Basin: Neuse (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/i-naps/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Vacant timberland. Surrounding properties are residential in nature. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: See narrative. Equipment to be used includes excavators dump trucks and dozers 11. Explain the purpose of the proposed work: To develop a new residential subdivision Install roadway crossing and utilities throu-2h wetland area to access upland areas. 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. None 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. None - No more development on tract. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See attached narrative. Page 7 of 7 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within Distance to Area of 100-year L arest Impact Floodplain ream (acres) ( es/no ar feet) Yes -------------- 0.09 Grade/Fill Forested Wetland Total Wetland Impact (acres) 0.09 3. List the total acreage (estimated) of all existing wetlands on the property: 10.46 AC 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 len th X width, then divide b 43,560. Stream Impact Average Impact Area of Number Stream Name Type of Impact Affitermittent? rennial or Stream Width Length Impact indicate on ma 8 F Before Impact UT To Boyds (linear feet (acres) eet ----"'"""-" Wetland Crossing Perennial Branch 60 0.01 Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred in , ding, drainage, bulkheads, etc. Open Water Impact Site Number Name of Waterbody Type of Waterbody Area of (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Im act indicate on ma p ocean, etc. acres N/A Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters nfthP Ti q rPciiltinrr frri,,, tI,. --- 1 Stream Impact (acres): «av. 1V \rl.? 0.01 AC Wetland Impact (acres): 0.09 AC Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) 0.09 AC Total Stream Impact (linear feet): 60 LF 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. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: Size of watershed draining to pond: N/A 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. See attached narrative. 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. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.ne.us/ncwetiands/strmgide.htin1. 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. Mitigation proposed through payment to the North Carolina Ecosystem Enhancement Program. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr state nc us/wyM/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): -0- Amount of buffer mitigation requested (square feet): -0- Amount of Riparian wetland mitigation requested (acres): 0.09 AC Amount of Non-riparian wetland mitigation requested (acres): -0- Amount of Coastal wetland mitigation requested (acres): -0- Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s uare feet) Multi tier p Required Miti ation 1 6,861 SF 3 (2 for Catawba) 2 4,574 SF 1.5 Total * Zone I extends out 11,435 SF 30 f eet 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. Page I 1 of I 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. Proposed built-upon area is approximately 11.0% qualifying the project for low density coastal stormwater pen-nit. A total of 4.12 acres of impermeable is ro osed on the 37.44 acre tract. 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. All sewage disposal will be to public sewer system operated by the City of New Bern XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/ncxN,etiands. If no, please provide a short narrative description: The subdivision is being develo ed to an overall built-upon density of 11.0%. Buffer areas along wetlands are being maintained in existing conditions 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). Applicant/Agent's Signature (Agent's signature is valid y if an Date letter from the applicant is provided.) Page 12 of 12 PROJECT NARRATIVE GREEN TREE SUBDIVISION, SECTION IV TOWNSHIP NO.7 CRAVEN COUNTY, NORTH CAROLINA A. PROJECT DESCRIPTION The Green Tree Subdivision project consists of the development of a 33 lot single-family residential subdivision on 37.44 acres of land located in Township No. 7 of Craven County, North Carolina. Elevations on the site vary between ten to twenty-six feet above the normal water level. The subject property is located in Craven County, one of the twenty coastal counties. Therefore, the project must comply with the Coastal Stormwater permitting requirements. The project is being submitted as a low density stormwater permit project. A total project built-upon density of 11.0% is proposed. Wetland areas and Neuse Riparian Buffer areas exist on the subject property as delineated on the attached site plan. This wetland delineation has been confirmed by the U.S. Army Corps of Engineers. It is proposed as a part of the construction to impact 0.09 acres of wetlands in order to install the site improvements. Specifically, these wetland impacts will occur in one location along Nice Drive. The wetland crossing is located along Nice Drive at approximately Station 2+50. It is proposed that a total of 3,900 squar feet of wetlands be impacted in this area to create a primary road crossing. A forty-two inch culvert will be installed to ensure that stormwater runoff occurs from upstream areas across this wetland fill area. Neuse Riparian Buffer areas exist on the subject property. The riparian buffers at the proposed wetland crossing will be impacted by the proposed construction. A total of 6,81 square feet of Zone 1 Buffer will be disturbed. A total of 4,574 square feet of Zone 2 Buffer will be impacted. The impacts will occur to construct the road crossing and create stable side slope conditions. B. IMPACT JUSTIFICATION The proposed alignment of roadway system for Green Tree Subdivision, Section IV was designed to minimize impacts to wetland and buffer areas. The wetland and buffer impacts are necessary in order to access the upland areas available for development. The impacts are necessary in order to provide access to lots 17 - 25 from a public road. No other upland access exists to this ridge area on the subject property. The road crossing was placed upstream to the extent practical in the wetland system to minimize impacts to lower lying wetlands along Boyds Branch. C. PROJECT MITIGATION Project mitigation is proposed to occur though payment to the North Carolina Ecosystem Enhancement Program. } A t L' NC G•ID NO•iN K1D 0)A ,? {? Yj7 ? Q ,nom, s YY? J all n °? \ ' ,t' ?••.+•? 'N N ?, Tr 333 y ? • N f? ?O F' O? S ? ? • \??` \?? ?\/ `ill, /// "?? = l\?\1??\ ??//?? ? ? ? ?` ? 000 - III i ?' •? \ peg g N Z z W, ' ; i ??`\ ? ??, "? ? ? j/? 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BOX 15564 NEW BERN, NORTH CAROLINA 25561 OVERALL GRADING & EROSION CONTROL PLAN PHONE: (252) 633-0068 FAX: (252) 633-6507 r LAYOUT Page I of I 1 ,?^ F 'C?,'' I !Y 714 chools L y \.r Geodetic Monuments Road Genteriines {]t1O0{CS = Railroad ? - P c ls C1 ar e { ( Water 1, ` ay" , l r` 1 Ki j I'later -10 % ?11.. ? , 'S 'k XI S r ? 4 y i 1„` t ? ? ? ? ! ..tom-7 1 r•-\`i4 .gyp ?S ?' ? `? it SAO r-- E s -i L `k,;r. f" N,,`` ` t ? r ^1 V ff t? i ?QY??{ r I I .S ` -A ' _ .: ,r i _-`-•i ! t L. ' ? , t . 1 'C r ? ,1,?j' t} ?j? /? O V _ V ( \ N ( f-. ? '?_i•"`'- ? _?? f. iF?? •?? c E t f7 i S 1 _ v ?? `O5 i '??O t ? ?l r !' ? !' ? ? iii t ? , f ..• ,??. ? l + f. ,?` ? i _ \-A 0 Y1 r p01N RWERSHORE E ? I i o 41 ?. r t{] ? / CRAVEN COUNTY NORTH CAROLINA 0 1000 ft 0 July 17, 2006 7:00:32 AM Craven County does not warrant the information shown on this map and should be used only for tax assessment purposes. Map made on July 17, 2006 at 4:15:27 PM r • 5 o t e ? k 1 i 1 3i r s i ? .-- '•, E J f 1 t r y ? (a f"`y`rn?' a ?'r ? r .??'S• R ??I' .. 1?N y?? 4•^ ??a ?l 945 T.• r?,?t-+4:\\?.?} .. _ .. B9, ROAD 1 : Y ,3 '.SITE f d` _YJ • n ?E;. 4 it l BM r ! ly ! t4j t r3j b O ti 5 , .' ? - ?'` 4?.E ? :..u. j \? f t' ? S?? ?. ?"?.?s 0 4 S,. f ??j?•n,-.w _ ,do- 4 rtr r+ t i S ,? _ -" .S s j s WERSWO. DR, - S ? "? lh?? ?'? a$ y t ':+2. • ?? yy+. AVOLIS ENGINEERING, P.A. USGS TOPOGRAPHIC MAP Civil and Environmental Engineering GREENTREE SUBDIVISION - FINAL. PHASE PO BOX 15564 NEW BERN, NORTH CAROLINA 28561 GREENTREE DRIVE PHONE: (252)633-0068, FAX (252)633-6507 CRAVEN COUNTY, N.C. a , A? G 1 4 2006 UENR _ vyp,TER 4ATER BRANCH NIETLMO AND STORMW 20061311 o? >??fl s4 OF\N A Fq QG 03 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.army.mil/wetlands/Permits htm1. 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.army.miI/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://h2o.enr.state.nc.us/ncwetlands 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. Page 1 of 1 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.army.miI/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://h2o.ehnr.state.nc.us/ncwetiands/fees.htm1. 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. Page 2 of 2 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 1V 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 Page 3 of 3 Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Fax: (919) 733-1495 Western Piedmont Region Coordinator 3855 Idlewild Road Kernersville, NC 27284-9180 Telephone: (336) 769-9453 Mountain Region Coordinator 20830 Great Smoky Mtn. Expressway Waynesville, NC 28786 Telephone: (828) 452-2546 Fax: (828) 452-7772 CAMA and NC Coastal Counties Beaufort Chowan Bertie Craven Brunswick Currituck Camden Dare Carteret Gates Hertford Pasquotank Hyde Pender New Hanover Perquimans Onslow Tyrrell Pamlico Washington NCWRC and NC Trout Counties Alleghany Caldwell Watauga Ashe Mitchell Wilkes Avery Stokes Burke Surry Buncombe Henderson Polk Cherokee Jackson Rutherford Clay Macon Swain Graham Madison Transylvania Haywood McDowell Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4. Page 4 of 4 303 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 9 3 1 1 ki• auy Yai ucuiai u.c,? Is I1OI appucaoie to tors project, pease enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 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: D uVf II. Applicant Information ??? 1. Owner/Applicant Information AUG 1 4 2006 Name: KMT Properties, LLC DENR - WATER QUALITY Mailing Address: 418 Madame Moores Lane WETLMIMMUSIOMMI NAM! New Bern NC 28562 Telephone Number: 757-873-1122 Fax Number: 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: Kevin Avolis P.E. Company Affiliation: Avolis Engineering P.A Mailing Address: P.O. Box 15564 New Bern NC 28561 Telephone Number: 252-633-0068 Fax Number: 252-633-6507 E-mail Address:avolisena(c?lpmonline.net Page 5 of 5 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: Green Tree Subdivision Section IV 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 7-043-015-A 4. Location County: Craven Nearest Town: New Bern Subdivision name (include phase/lot number): Green Tree Subdivision Section IV Directions to site (include road numbers/names, landmarks, etc.): Highway 70 East Turn left on Thurman Road. Turn right on Old Che Point Road. Turn left on Gibbs Road. Turn right on Green Tree Road. Project is located at the end of Green Tree Drive 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35 P 55" ON 77 59' 34" °W 6. Property size (acres): 37.44 AC 7. Name of nearest receiving body of water: Neuse River 8. River Basin: Neuse (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/adniin/inaps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Vacant timberland. Surrounding properties are residential in nature. Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: See narrative. Equipment to be used includes excavators dump trucks and dozers. 11. Explain the purpose of the proposed work: To develop a new residential subdivision. Install roadway crossing and utilities through wetland area to access upland areas. 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. None 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. None-Nn mnr? VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See attached narrative. Page 7 of 7 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodiniz. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) ------------ Forested Wetland Located within Distance to Area of I00-year : earest Impact Floodplain ream (acres) ( es/no ar feet Yes -------------- 0.09 Grade/Fill Total Wetland Impact (acres) 0.09 3. List the total acreage (estimated) of all existing wetlands on the property: 10.46 AC 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e. walls g., cement walls, rip-rap, crib 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, multi I len th X width, then divide b 43,560. Stream Impact Number Stream Name Perennial or Average Impact Area of ndicate on ma) Type of Impact Intermittent? Stream Width Length Im act p UT To Boyds Before Im act (linear feet) (acres Branch Wetland Crossing Perennial 8 Feet 60 0.01 Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, floodin , drainage, bulkheads, etc. Open Water Impact Site Number Name :applicable) Waterbody Type of Waterbody FAre-a of indicate on ma (if Type of Impact (lake, pond, estuary', • P ry, sound, bay, pact N/A ocean, etc.) rPCl Total Open Water Impact (acres) Page 8 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the ro.ect: RWetland act (acres): 0.01 AC act 0.09 AC Im act (res): t to Waters of the U.S. (acres) 0.09 AC m Impact (linear feet): 60 LF 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. 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 El stream Describe the method of construction (e.g., dam/embankment, eexcavation instal awetlans tion dof draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: Size of watershed draining to pond: N/A 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 techcniques to be followed during construction to reduce impacts. 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. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetIands/stringide.btm1. 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. Mitigation proposed throu h payment to the North Carolina Ecosystem Enhancement Program. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr state nc us/wrp/index htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): -0- Amount of buffer mitigation requested (square feet): -0- Amount of Riparian wetland mitigation requested (acres): 0.09 AC Amount of Non-riparian wetland mitigation requested (acres): -0- Amount of Coastal wetland mitigation requested (acres): -0- Page 10 of 10 IX. X. Environmental Documentation (required by DWQ) I. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 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 ? 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 (Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identi )? [-I ? 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. Zone* Impact Multiplier Required s uare feet Miti ation 1 6,861 SF 3 (2 for Catawba) 2 4,574 SF 1.5 Total 11,435 SF * 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 2B.0242 or.0244, or.0260. Page I 1 of 11 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. Proposed built-upon area is a roximatel 11.0% uali in the ro'ect for low density coastal stormwater permit. A total of 4.12 arras 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. All sewage disposal will be to public sewer svcrP,-, ,- L_. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® NO E] Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes If yes, please submit a qualitative or quantitative cumulative impact analysis inn accordanc with the most recent North Carolina Division of Water Quality Policy http://h2o.enr.state.nc.us/newetlands. If no, please provide a short narrative description: ebsite at The subdivision is being developed to an overall built-upon density of 11.0%_ R,iffar ,ro along wetlands are hP;nn _ 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). Hen Nice Member/Mana er Applicant/Agent's Signature ? Dat (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PROJECT NARRATIVE GREEN TREE SUBDIVISION, SECTION IV TOWNSHIP NO. 7 CRAVEN COUNTY, NORTH CAROLINA A. PROJECT DESCRIPTION The Green Tree Subdivision project consists of the development of a 33 lot single-family residential subdivision on 37.44 acres of land located in Township No. 7 of Craven County, North Carolina. Elevations on the site vary between ten to twenty-six feet above the normal water level. The subject property is located in Craven County, one of the twenty coastal counties. Therefore, the project must comply with the Coastal Stormwater permitting requirements. The project is being submitted as a low density stormwater permit project. A total project built-upon density of 11.0% is proposed. Wetland areas and Neuse Riparian Buffer areas exist on the subject property as delineated on the attached site plan. This wetland delineation has been confirmed by the U.S. Army Corps of Engineers. It is proposed as a part of the construction to impact 0.09 acres of wetlands in order to install the site improvements. Specifically, these wetland impacts will occur in one location along Nice Drive. The wetland crossing is located along Nice Drive at approximately Station 2+50. It is proposed that a total of 3,900 squar feet of wetlands be impacted in this area to create a primary road crossing. A forty-two inch culvert will be installed to ensure that stormwater runoff occurs from upstream areas across this wetland fill area. Neuse Riparian Buffer areas exist on the subject property. The riparian buffers at the proposed wetland crossing will be impacted by the proposed construction. A total of 6,81 square feet of Zone 1 Buffer will be disturbed. A total of 4,574 square feet of Zone 2 Buffer will be impacted. The impacts will occur to construct the road crossing and create stable side slope conditions. B. IMPACT JUSTIFICATION The proposed alignment of roadway system for Green Tree Subdivision, Section IV was designed to minimize impacts to wetland and buffer areas. The wetland and buffer impacts are necessary in order to access the upland areas available for development. The impacts are necessary in order to provide access to lots 17 - 25 from a public road. No other upland access exists to this ridge area on the subject property. The road crossing was placed upstream to the extent practical in the wetland system to minimize impacts to lower lying wetlands along Boyds Branch. C. PROJECT MITIGATION Project mitigation is proposed to occur though payment to the North Carolina Ecosystem Enhancement Program. MC GRID NORM iMD 0]n Y R all \ r §?? F2 \ ii \ Y? 2to 0 555???6' ??rY_?? N ?yy¦ 4 L' 4 4 '? '?y ® Q 0 ?// C?i __" 'inlbq Y I?I( ?\\? \ go g tap") g? gm 116- 000 ? o ?? zz -f 10 1 Aly g] "n ? t ?"moo / i I I ?i .?9 /?,, ,/?..?, ? ?..:?? ??c 111 _ •?'I? I ?-''?? ,? ZJ O rrz: 1\?\\ NOgW> I \\?\\ ==I CD rTlr K --4 S D O Z M ? "Ao ozzM s a M 'yob .. .Sam m • . . • . ' • . • ' • . ?}] N 5y 0 // I • • ~' 1 A I • v ' q f7 > 7 C/) = • -' b A ? W ^Z ? - 9 Car (D s > 0. 0 y z V V '''???t?1?????%Jxx [d < A 3> N 2 m C o GREEN TREE SUBDIVISION, SECTION IV PR0JFCT NO, 04083 NO. 7 TOWNSHIP 1 :oj AVOLIS ENGINEERING, P.A. DRAWN BY- WFF CRAVEN COUNTY, NORTH CAROLINA Civil and Environmental Engineering DATE! d P.O. BOX 15564 NEW BERN. NORTH CAROLINA 28561 ci OVERALL GRADING & EROSION CONTROL PLAN PHONE: (252) 633-0068 FAX: (252) 633-6507 - • hAYOUT Page 1 of 1 Schools y r' "F"EY Geodetic Monuments Road Genteriines X Phooks Railroad Parcels -? ?? r ? -`,.""<• '?•?~ .mot -,?? ` 2A i ; Water rater ? ? 'S , 4 k t 4 z' \ , -f go % "?•. it r r ` ~ ` • ? 1t , ' ? . `l ? ?`"- t l f?• ?? 'b. ?" t 5? ? ...^`_- - ?.r"'?r?Y';- ? ?? I r i ZY ?' ter," ,,• 61 Y "I _t"'. ;'{ ,rte. I. ?-- .1 ` ' i r° t 1 't PO1 ?/R!?(ERSHoE2E i ?t ' GY1?RR ¢ .r. QL+!.SC, -,.- "'? _?:yp(?1•" ! , ( yam, ' . x £t_,^-. -i ? _ ?_ ? ? ' 1NEti0 + ? -"- f CRAVEN COUNTY NORTH CAROLINA 0. 1 1000 ft t4f W 1vrF vuFy F r , cvvv r .vv.o4 FUVI Craven County does not warrant the information shown on this map and should be used only for tax assessment purposes. Map made on July 17, 2006 at 4:15:27 PM - -1 . 4 ------------ J • ``n - t rte` w??,r?2X?j ,^ ' • +? ,? ?' ,.? ? y/F f..l r'te' - t ` - .ot fog .. t. r r y } ,? ?-? 4? f d c ?r f} t _G Bp"OAD h s,*p r ...SITE p ?.u ?f 1 , t 34 /?? ? YA.'?/M • ^??l "% `/: 9 k fi 1? .wt t) ? if fiZn- f J.t: ? `l:? ? ? ? y i Lr„f. Jr' 3 ,1t?..,? i T3d}i .K„tS a M 1-41 .t, r° 1 } } t itF t. J. ii, t ( RIVERSHOREDR, `Y ?` « a t1 ? :5 • t 3; } AVOLIS ENGINEERING, P.A. USGS TOPOGRAPHIC MAP GREENTREE SUBDIVISION - FINAL_ PHASE Civil and Environmental Engineering PO BOX 15564 NEW BERN, NORTH CAROLINA 28561 GREENTREE DRIVE PHONE: (252)633-0068, FAX (252)633-6507 CRAVEN COUNTY, N.C. r--' - '1 AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 2000 a, 1 11 August 8, 2006 Ms. Cindy Karoly, Supervisor 401 Oversight/Express Review Permitting Unit NCDENR - Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 3034 RE: Green Tree Subdivision, Section IV Township No. 7, Craven County, North Carolina AE Project No. 04083 Gentlemen: Attached please find a 401 Water Quality Certification application for the referenced project consisting of the following: • Permit Application (Seven Copies) • Project Plans (Seven Copies) • USGS Map (Seven Copies) • NC EEP Approval • Permit Fee $200 It is requested that you review the attached permit application and if deemed appropriate issue a 401 Water Quality Certification for the proposed impact. If you should have any questions or need any additional information to process this request, please do not hesitate to call. Sincerely, ke-v Avolis, P.E. Viceesident AUG 1 4 2006 WETLANDS AND WATER ATER BRANCH Ecomtem r PROGRAM August 2, 2006 Kevin Avolis Avolis Engineering P O Box 15564 New Bern, NC 28561 Project: Green Tree S/D, Sec. IV County: Craven 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 Neuse 03020204 0.09 0 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, ?Wilfiam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Scott Jones, USACE-Washington Kyle Bames, DWQ-Washington Doug Huggett, DCM-Morehead City File 1Z"tor&tY... P ... Prot" our Sta,& AVA RMIEWIR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Z71m AVOLIS ENGINEERING, P.A. -%LAX P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-006-8 October 16, 2006 Ms. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit NCDENR - Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Green Tree Subdivision - Section IV Ut to Boyds Branch - Neuse River [030410, 27-(104), SB, SW, NSW] 303d AE Project No. 04083 Dear Cyndi: In response to your October 10, 2006 letter requesting additional information relative to the referenced project, enclosed please find the following: Three Copies of Modified Sheet C 1 The following is offered: Zone 1 and Zone 2 of the Neuse Riparian Buffer area has been indicated on the project plans. House placement and driveway arrangements have been annotated on each lot. As visible from a review of the plans, no proposed impacts will occur to Section 404 Wetland areas or Zone 1 or Zone 2 Neuse Riparian Buffer areas. Lot 2 has been incorporated into Lot 3 creating a larger footprint on which to construct the residence to avoid impact to the Neuse Buffer areas. It is requested that you continue with your review of the Neuse Riparian Buffer Permit and if deemed appropriate, issue the permit. Should you hav_cfny questions relating to this matter, please do not hesitate to call. / D ?C?LO V ? n U Avolis, P.E. o c r 1 8 2006 Mr. Kyle Barnes - DWQ Washington Regional Office (with attachme ENR - WATER QUALITY Nice & Associates AMOSTOR},tWF BRA14CH DWQ# Date SA Plan Detail incomplete _ ? Please provide a location map for the project. Who Reviewed C ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization o' e site plan. ?. Please show all wetland impacts including fill slopes on the site plan. U ? Please indicate all buffer impacts on the site plan. C? V\ ? Please indicate proposed lot layout as overlays on the site plan. / i ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned-sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwat W outfalls on the site p1aA. Ef Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? Tho labeled as on the plans does not appear to be necessary. Please eliminate the. or provide additional information as to why it is necessary for this project. , ? This Office believes that the labeled on the plans as can be moved, or reconfigured to avoid the impacts to the Please revise the plans to avoid the impacts. ?. This Office believes that the -labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because Please revise the plans and provides calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. . Other ; ?. The application fee was insufficient because over 150 feet of stream and/or.over 1 acre ofwetland'impacts were requested Please provide S This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application - ? Please provide a signed copy of the application.' ? Please provide copies of the application, . copies of the site plans and other supporting information: ? Please submit electronic CAD files showing , via email to ian.mcmMan@ncmail.net and CD: ' Mitigation ? of compensatory mitigation is required for this P'MiWt.' Please provide'a compensatory mitigation plan.. The plan must conform to the requirements in 15 A NCAC 2H'.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. IV.) Ive0q. VI) 1A}eS 5+,ec. ar- 01 ?e6(C s\`?IF ?e-V 0i Ir.6cc,i? ,?1e?:s? cd?sc??? -f?Q w UJI Er N2? , /m? 4- -/"/ , ?& A71?, i ? \ I I) nucna, rv, ru,.ia ,n ° TOTAL LENGHT OF PUBLIC ROADS=1728.12 LF \ \ \ ??s a NO. DESCRIPTION BY DATE Revisions 4 \ ? I A RTVERWOOD 4 ) ?c / 1 1 S I it Plat CabinetF SIIcle:3 T E f? r. 2.0 2 ) NOT TO SCALE ? <?p?^°` , \ /Iy'/ ? ? .. ... • e°'? \ /• 1 1745E 4 93?L892 "?,r``" n1 \ ?`'/ • 3 I / 1 82 Ac, 0 11 ' 2 0.44 `3 11NEUSE I?ai¢h? n RIPAR AN %UFFIR 14, 0 3 Ac Ji ? sT? e 16,904 2.10 Ac. SLI d 2006 QUALITY / /. ®0.3 0y \ yP AND ATE OR BRANCH ?i 19,228 WETLANDS \ c38 ? 0.4 c. .? \ 29 TLk B(XfNDAY' 511E DATA: 21,551 SF 197,0 B S' ' 4) PROPERTY OWNER/0EVELOPER: o? s 3 \ ® 0.49 Ac. •? Ac., KMT POPERTIES, LLC Q 39 ck Le 23,875 SF ' ?.. 413 MADAME MOORES LANE ?,S\aQS ,eta W\ \\ TRI AEEENT 0.55 Ac. (757) 873.1112228562 ca . . ?. 2 ' ' . ' . TOTAL SITE AREA: 1,622,281 SF, 37.24 ACRES \ p, r METLAND e Y 54,745 SF , , , , , , , , TOTAL LOTS: 33 e 2 \ ° W NEUSE / 1.25 Ac. SITE ZONING: NONE ac /• 4 \ BUFFEAN / \ / s) SF DEED REFERENCE: DB 1913, PAGE 314 531 1.39 H9?S • 259 1'39 A°' 1. THE PROPERTY SCALES TWTHIN AN UNSHADED ZONE X, SHADED ZONE X, ZONE AE ack \ /• I \ / / ACCORDING TO FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 3720640600 596 I \ v / U EFFECTIVE DATE JULY 2, 2004. A PORTION OF THIS PROPERTY DID SCALE IN THE 50171 Ac. \ 100-YEAR FLOOD PLAIN. \ /• ` I, \ / \ c 7) 2. THE PROJECT WILL BE SERVED BY THE FOLLOWNG PUBLIC UTILITIES: / I 1 \ OB \ WATER - CRAVEN COUNTY WATER / SEWER • CITY OF NEW BERN / ,17183 I 32, ISF 11 ' 1 / i'At-, ARY ' ELECTRIC - CPAL 0.39 Ac, / 18 Ac. ,I ?? ' , • . . . ' TELEPHONE - SPRINT 18, 1 SF Sf J. I \ . . . CABLE - COX COMMUNICATIONS, INC. 0'4?0*/ 1.4 Ac. RP AN , , , , , , t e) 3. MINIMUM BUILDING SETBACKS (UNLESS OTHERWISE STATED) SHALL BE AS FOLLOWS: 50,49911 'BOFFET FRONT YARD = 25 FEET 35 SF 11 221 SF REAR YARD = 15 FEET 1.19 Ac. 20' DRA k Ac. • • • • i` SIDE YARD = 10 FEET SEE N01E 10 -unurr ENT \ .. . . . S a SIDE YARD ADJACENT TO STREET = 20 FEET U1U RA 4. SECTION 404 WETLAND AREAS ARE PRESENT ON THE SITE AS IS DELINEATED ' ON THIS MAP. NO AREAS DESIGNATED AS SECTION 404 WETLANDS SHALL BE ?? DISTRUBED OR DEVELOPED IN ANY MANNER WITHOUT THE EXPRESS PERMISSION < OF THE U.S. ARMY CORPS OF ENGINEERS OR THE STATE OF NORTH CAROLINA. 'A i • 1 .45 Ac. 1 , , , , , , . . \ 5. ALL FRONT AND REAR LOT LINES ARE SUBJECT TO A 15 FOOT S&NIYIE10 56,406 . . . . DRAINAGE AND UTILITY EASEMENT IN ADDITION TO THOSE EASEMENTS ? .?.??\ , , AND UTILITY EASEMENT CENTERED ON THE LOT LINE IN ADDITION ? _ 1,29 Ac. P t 9) SHOWN. ALL SIDE LOT LINES ARE SUBJECT TO A 15 FOOT DRAINAGE 31'6 t u ) . ? ? 0,73 Ac . . . . . .. ? 511 1 ® \V\\< ?• •./ ?f INFUSE , ?. ,299 SF FM T '0.60 Ac 13 4 1/ \ 1.86 Ac.. . . . . . y+° of o 21 \ 54,314 SF TLAND•BODNDARY• . . . . 4 30,003 SF 0.69 Ac. \ . 1.25 Ac. `up \CM ILAND BOONOARY' . . . . . . . . f PRAFKE 'ARIANE . . . . . 1 2010-379 JFFEF- . . . . . . L 7 i \ 023 SF ?' 1.49 Ac NELSON •/'' 783-938 MCROY NELSON 1644-628 944-712 / A PRELIgfi,pRy?M D CI CI SCALE: 1.80 CURVE TABLE CURVE RADIUS LENGTH BEARING CHORD DELTA , @H? fie.ee 66.42-- 70 200 i - 1 ' ' ' w 16 e a be.80 94,08 - N* 49 25 e NO 49 2" -59 ia" C14 26500 2.02 S01YJ'31 2.02 0'26'13" C15 26500 177.62 S1815'42"W 174.32 38'2414" C16 215,00 145,75 NI8'Of36"EI 142,97 38 '27' C17 26500 177.62 N1815'42"W 174.32 3874'14" CIO 215.00 91.74 S251 4 3 W 91.04 4' ' 1" C19 26500 146,27 N21-39-05-E 144.42 31'3728" C20 215.00 91.74 0125:14'2A _ 91.04 4'2651" C21 25.00 33.38 25'13'57" 30,95 7629'42" C22 50.00 71.63 S2226'10'E 6566 82'05'09" C23 50.00 47.01 45-32-22-W, 45.29 53-51-54- C24 50.00 47.01 80'3644" 45.29 53'51'54" C25 50.00 4844 25-54'39"Vi 46.56 55'3016" C26 215.00 116.56 8'04'01 115.13 31'0340" C27 265.00 178.20 571'48'021 174,86 38'31'43" C28 215.00 148.39 76'374 145.46 39'32'44" C29 265.00 148.37 72.53'46 146,43 32-0441- C30 25.00 3877 521'363 "W 28.87 70'31'44" C31 50,00 19.49 D2'30'D8" 19.37 22'20'21" C32 50.00 94.41 L6245'4 4 81.00 10811' 3" C33 50.00 16.45 S47'26'04E 16.37 18'50'43" C34 50.00 35.91 N17' 6'04'EI 35.15 41'09'17" C35 25,00 5.41 S20'32'16E .40 12'24'05' TO THOSE EASEMENTS SHOWN. 6. NO STRUCTURES SHALL BE PLACED IN UTILITY EASEMENTS. 7. A PORTIONS OF LOTS UE IN THE RIPARIAN BUFFER AREA OF BOYD BRANCH. NO VEGETATION DISTURBANCE SHALL OCCUR IN ZONE 1. MANAGED VEGETATION SUCH AS WOODSLAND, LANDSCAPING, AND LAWN GRASSES SHALL BE ALLOWED IN ZONE 2. B. DUE TO SOL O NA01E1tlSiNS, SPEISALLY ENOIMM FWMAXIN8 MAY BE REQUIRED. _ 9. REFERENCE BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY ROBERT H. DAMS, RLS, DATED DECEMBER 31, 2004. 10. NO STRUCTURE SHALL BE PLACED ON THIS LOT WITHIN DESIGNATED WETLAND OR NEUSE RIPARIAN BUFFER AREAS WITHOUT PROPER APPROVAL FROM PROPER PERMITTING ACENCIES, VVV',T11 ,jr, :ASS/?0 ???r' / SEAL 15738 ' v? GL%PKIC SCALE Ih tk ?a3 ~Py CR 31 • ~ 1 ~ FFN ~ ~ 0 1 RELEASE FOR PERMITS JKA 7/27/05 F~ ~p~ TR 413 ~ ~ ~ Ee N~~~ IFS ~ 2 gN30N a WATER WuIIY CaIYENiS JKA 10/17/06 ~O~ ~ dRj~~o ~o~` TOTAL LENGHT OF PUBLIC ROADS=1728.12 ~F q .g. o~ o ~ ~ ~ Mq ~ Se~.:a~ ~ ~~~es TRI ~ NQ, \ ~~E` K~~> ~ a 3F ~~~q CITY' ~~,d` ~ 'Q ~ vd~ ~ ~ Ex K Nail ~ C,°~ N0. DESCRIPTION BY DATE - SEAL 9~: 5 C ~ Q~~ ~ ~ ~ r~1 p~~ ZR1Nity J~~~ l Revisions 5~3s O~•.F,y NEED.=',y ~ ~1 ~ ~ , RF rr ~ ~ P F~ v d ~ ~ i r~. nb ~p ~gR p G~1 5~ ~ ~1 ~ ~ ~ \ ~ - _ ~ ~ ~ j s% I I kiWl Il lei ,p A ~ ~ ~ ~~r~,.-~'~ l - SITE v eP Ill/l N - ~ it I I i,.i~ PvC Plpe Qa w o ~ 111. a a - ~ 1 ~ _ , P ~ _ $ - - - ~ ~ I'~. n - Y. U ~ ~ ~ ~ - Tull PVC Pipe j O ~ 'i f: ~ - _ A rAMrty _ - ~ N01°2238 W i ~;~3__==__-_-:- ' , ~z ~ , ~ ~ 26.55 EIP - - , ~ " ~ ~ ' ~ CJp" ~ _ A \ P ; _ '~A~ V~- ~ ~ ~ ~ ~d ~ ~ ~ ,A NOT TO SCALE ~ ~ ~ v Ex MAG Nail ~e'`~~ ~ - ass , - 2, ~ - - - - ~ ~ ~ ~ Q~ ~ ~ ~ ~6 ~ ~ ~ A - ~ ~ 8 ~~Q ~ ~ ~ - - i - 2~3- - - ~ 5~ 33 2 2 50' ZONE 2 NEUSE ~ ~ ,3 - ~ SF- ~t ~ ~ ~ ~ _ . . - . 9 ~ RIPARIAN BUFFER \ 11 - - - l ~ \ , ~ 5. S 0.44 - - - - - f ~ , - - ~ _ or - ~ _ a Q3 EIP 1..~ ~ OJ O ~d - ~j _ ~ ~ EIP 9 / ~ ~ ~ ~ 2~ ~ ,O ~ - N 1IJ ~ 3 Ac. ~ ~ ~ , > _ ~ ~ ~ ~ ~ ~ _ 16 904 ~ - - _ _ ~ r'~ 30' ZONE 1 NEUS ~ Z RIPARIAN BUFF ~ a~ o ~ ~ ~ p.39 c. ~ ( 2~ ~ - ~ I° - ~5. ~ - bz ~ - > . ~ ~ o~ ~ ~ 30 ~ _ ~ - _ ~ ~ ~ ) 1S ~ W ~ ~ - - i • 19,28 ~ - ~ ~ - Ac. ~ ~ ~ ~ Ijy \ / , ~ - ~ Z ~ 29 ~ i - ~ i ~ ~ ~ =i ~~i 4~ 61j9 WETLAND BOUNDARY ~ SITE DATA: W ~ z ~ N ~ 21,551 SF ~ ~ = ~/i . '197,068 Si ~ ~ ~ ~ 1 PROPERTY OWNER/DEVELOPER: ~ ~ ~ t° 28 ~ p w o Ac. KMT POPERTIES, LLC ~ _ m o ~ E iP ~ , ~ ~ 84 ~ Q(' ~ ~ ~ ~ - ; 23,875 SF ~9~ ~ - ~ ° , ~ ~ _ = - • - - ~ ~ U ~ DftAIN~ ~ ~ ~ - - ~ _ ~ . . ~ ~ - 0.55 Ac. o - _ 413 MADAME MOORES LANE W w n ~ 0 0 i % ~ ~ ~A , , _ ~ ~ ~ NEW BERN, NC 28562 z ~ . ~ , ~ , O~ ~ ~ ~ _ 1 o ~ _ - - - - (757) 873-1122 ° a N ~ _ - - ~ ~~4 34 , ~ ~ ~ ` ~ TOTAL SITE AREA: 1,622,281 SF, 3724 ACRES ~ ~ ~ " ~ ~ 1 - _ A ~ 61~ ~ O ~ ~ ~.~~11$C. ii. - - - - - - TOTAL # LOTS: 32 ~ ~ x w ~ ' ~ / 44 9 R RIAPI= ~F ' ~ O~ ~ ~ ~ ~ ~ ~ ~ ~ . . i~ SITE ZONWG: NONE O °m o ~ ~ - ~ ~ ~ - - 1, ~ . . - - s ~ DEED REFERENCE: DB 1913, PAGE 314 ~ _ ~ ~ 30. , SE 2~ ~ ~ ~3 ~ ~ ~ ~ , 25 0 ~ ~ ~ - ~ ~ ~/j / rn = NOTES: ~ a a I 259 s~ 0 - j O ~ V A ~ I 51 ~ h ~ _ ~ ~ \ ~ ,~2 ~ o, ~ A I gA ~ ~ ~ ' ~ ~ L THE PROPERTY SCALES WITHIN AN UNSHADED ZONE X, SHADED ZONE X, ZONE AE ~ 24 ° ~ ~I ~ S.S ~ ~ ~ l o ~ ~ ~ ACCORDING f0 FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL N0. 3720640600 J, 1~ ~s ~ ~ I ~ ~ ~ ~ 596 S s ~ ti~ ~ ~ I 50 ~ 5 A I r - ~ ~ - - - EFFECTIVE DATE JULY 2, 2004. A PORTION OF THIS PROPER?y nI(~ c~gi_F iN ?u,r_ O• X _ iti~ \ 1 \ O / J~ ~ - i~ ' 100-YEAR FLOOD PLAIN. 1,3 1 ~ 5 ~ ~ ~ , ~ _ - ` ~ . ~ 8 ~ `l ~ ~ ~ . ,g , ~ , , I ~ ~ ~ v , , 2. THE PROJECT WILL BE SERVED BY THE FOLLOWING PUBLIC UTILITIES: ~t-~ Ex RR Ir V l~ ~ ~ ~ ~ ~ ~V 1X ~C `v ~ ~ ~ \V I , ~ 1 ~ ~ ~4, WATER -CRAVEN COUNTY WATER ~ ~ - ~ I ~ ~ ~ ~ ~ AND I o`O SEWER -CITY OF NEW BERN ~ ' AND BOUNDARY a°~ ELECTRIC - CP&L 171 ~ ~ ~ ~ - - ~ I ~ \ I I _ Q, ~ ~c, ~ ~ I ~ ~ ~ A _ • 0,39 Ac. ~ _ ; , , ~ ~ ~ ~ ~ TELEPHONE SPRINT :~F . ~ ~ ~ ~ 1 18~ ~ ~ , , ~ ~ t , l ; ~ ~ 20 . . ~ ~ ~ - , ti CABLE -COX COMMUNICATIONS, INC. N / , 1~' ~ 50' ZON NEUSE , - - ~ ~ - ~ IEUSE z 3. MINIMUM BUILDING SETBACKS (UNLESS OTHERWISE STATED) SHALL BE AS FOLLOWS: 5~ , ~ ~ ~ / / / 2 _ ~ - = , ; ~ ~ - ~ S I RIPARIAN B ER ER ~ ~ ~ o FRONT YARD = 25 FEET , ti ~ ~ ~ t:1 , ~ , ~ ~ ~ _ o , ~ - - ~ ) ~ ~ ' REAR YARD = 15 FEET - fi.~ . ~ ~ _ - ' ~ SIDE YARD = 10 FEET TY A EN~~ _ ~ " _ , ~ ~ = - ~ ti~ • 3o- ZONE ~ USE• I I / - - ~ ' ~ A SIDE YARD ADJACENT TO STREET = 20 FEET ~ ~ . ' 1~ - Al ~ - ~=~4 - ~ - ~ RIPARIANI 8l1FFE IEfT`~ A ~ idrt ~ _ ~ ~ - ~ ~ I - _ - - ~ , ~ 1 r~0 `rABy 6~~ 4. SECTION 404 WETLAND AREAS ARE PRESENT ON THE SITE AS IS DELINEATED ~ ,~60~ ~29F " ON THIS MAP. NO AREAS DESIGNATED AS SECTION 404 WETLANDS SHALL BE ~ _ . + 8. ~ ~ ~ ~ ' N ~ II . 19 i i ~ ~ ; i ~ ~ ~ . ~ , ~ - _ _ _ ~ ,~,I I . i. ~ . I i~, I ~ ~ ~ ~ - ~ O ~ ~ , l ~ ~ _ < . ~ ~ DISTRUBED OR DEVELOPED IN ANY MANNER WITHOUT THE EXPRESS PERMISSION ~ l _ ~ _ ~ - 2~~ . ~ OF THE U.S. ARMY CORPS OF ENGINEERS OR THE STATE OF NORTH CAROLINA. ~ O a ~ _ _ ~ 4 ~ ,1 o ~ ~ III 9 939 ~ 1~ . . G 5. ALL FRONT AND REAR LOT LINES ARE SUBJECT TO A 15 FOOT ~ ~ ~ Dom; ` ~ . ` ~ 1 o~ ~ ~ s ~ ~ 1 56 406 F , . . ~ ~ ~ DRAINAGE AND UTILITY EASEMENT IN ADDITION TO THOSE EASEMENTS U ~ , _ ~ ~ ,A ,,,1.1 , . ~ ~ `,v~ 2 .29 ~ .9 ~ - ~~~I X11 1~ 939 ~ ~ ' ~ SHOWN. ALL SIDE LOT LINES ARE SUBJECT TO A 15 FOOT DRAINAGE W 1, AND UTILITY EASEMENT CENTERED ON THE LOT LINE IN ADDITION ~ x ~ ~O. - ~ , / ~ 1 CURVE TABLE TO THOSE EASEMENTS SHOWN. z E--~ a ro ~ ~ , . 3Q ZONE 1 NEUSE. ~ ''F. d l \ ~ ` ~ 1 ~ ~,I I - ~ 0:. d~C~ , _ - ; , ~/i ~ RIPARIAN BUFFER ~ ~ CURVE RADIUS LENGTH BEARING CHORD DELTA 6. NO STRUCTURES SHALL BE PLACED IN UTILITY EASEMENTS. ~ ~ ~ ~ 1~ - ~ ~ , ~ i . - v ; 7. A PORTIONS OF LOTS LIE IN THE RIPARIAN BUFFER AREA OF ~ ~ Z ~ . A ~ ~ ~ _ _ ~ p~ r - - = - / ~ - ~ ~ ~ - _ / 6 ' BOYD BRANCH. NO VEGETATION DISTURBANCE SHALL OCCUR IN ZONE i. O ~ ~ ~ ~ o. ~ _ ~ ~ 50 TONE 2 l~EUS`E ~ ~,9 C14 265.00 2.02 501'09'31"E 2_~2 0'26'13" MANAGED VEGETATION SUCH AS WOODSLAND, LANDSCAPING, AND LAWN ~ ~ ,~Z, 1 ,6(~~.~ ~ ~ ~ • RIPAARIAN BUFFER ,~~0 Q a _ , - - , \ ~ e Ct5 265.00 177.62 S18'15'47'W 174.32 38'24'14" GRASSES SHALL BE ALLOWED IN ZONE 2. ~ ~ ~ r \ ~ ,,S ~ ~ Dc, ~ o C16 215.00 145.75 Ni8'02'36°E 142.97 38'50'27" a• DUE TO SOIL CHARACTERISi1CS, SPECIALLY ENGINEERED FOUNDATIONS ~ ~ ,P C17 265.00 177.62 Ni8'15'42"W 174.32 38'24'14" SAY BE REQl,9RED. W O W ~ 21 14 ~ ~ ~ - WETLAND•BOI~NDARY • ~ 54,354 SF C18 215.00 91.74 525'14'23"W 91.04 24'26'51" 9. REFERENCE BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY ROBERT ~ Z ~ ~L' 3~,~~3 SF ~ ~ Ex Metal Fence Post ~ ~ . e Ci9 265.00 146.27 N21'39'05"E 144.42 3~•37'2g" H. DAVIS, RLS, DATED DECEMBER 31, 2004. ~ ~ ~1., I ~ ~ ~ 1.25 Ac. 0.69 Ac. ~ , WETLAND•BOUNDARY • ~ ~ ' C20 215.00 91.74 N25'14'23"E 91.04 24'26'51" 10.N0 STRUCTURE SHALL BE PLACED ON THIS LOT WITHIN DESIGNATED 'z, Z .P 'V~ ~1 ~ . ~ `ti Q f Ft A I K E. C21 25.00 33.38 N25'13'53"W 30.95 76•Zg'42" WETLAND OR NEUSE RIPARIAN BUFFER AREAS WITHOUT PROPER W W ~ ~ ~ -1- n ' iii t~ ~ ~ ~ 010 ~ / 9 ~ 50' ZONE 2 NEUSE - ~ ~ - C22 50.00 71.63 S2T26'10"E 65.66 82'05'09" APPROVAL FROM PROPER PERMITTING AGENCIES. ~ ~ RIPARIAN BUFFER ~ ~ ~ L7 C23 50.00 47.01 S45'32'27'W 45.29 53'51'54" ~ E P / p~. '30''ZO 1 NEU~ ~ - ~1 ~ ~ RtPA N BUFFER S S • ~ ~ ~ 59' ~6'. , 4~ C24 50.00 47.01 N8035'44"W 45.29 53'51'54" U ~ S8, ~ ~ , S ~ C25 50.00 48.44 N2554'39"W 46.56 5530'16" ~ ~ 0~ ~ ~ ~;~2 F~. ~ ,~O ~ s t~ ~ ~ ~ C26 215.00 116.56 568'04'01°E 115.13 31'03'40" n ~/7 ~ ~ C27 265.00 178.20 S71'48'07'E 174.86 3831'43" I;(~~~~ V ~ I NELS~IN C28 215.00 148.39 576'37'47"W 145.46 39°32'44" w OCT 1 8 2006 r~ Q ~ i EIP 7~~ .c~3t~ C29 265.00 148.37 S72'S3'46"W 146.43 32'04'41" 5 / ~i i ~ l C30 25.00 30.77 591'.35'33"W 28.87 7n'~~'aa" vhn~sexo~TSr°~tra~x C31 50.00 19.49 N02°30'08"W 19.37 22°20'21 McP IY P-7-'~ ~ YJf ~ >I1PJ C32 50.00 94.41 S62°45'44"W 81.00 108°11'23" GRAPHIC SCALE C33 50.00 16.45 S47°26'04"E 16.37 18°50'43" A 1j 80 p 40 80 160 320 PRELIMfW Y P kf EiP SCALE: 1"=80' C34 50.00 35.91 N17 26'0 41 35.15 41 09 17 " Cl Cl C35 25.00 5.41 S20°32'16"E 5.40 12°24'05" C36 50.00 3.49 N03°50'25"E 3.49 3°59'51 IN FEET [:0:4( 83C 1.DWG 1 inch = 80 ft. ~9 Ihy~ ~0~, ~ 31~ tiP`'~ eFN ~ d1~~ PRA, 4J3~ a ' I ~ 1 RELEASE FOR PERMITS JKA 7~y7~p5 ~ FS 1 ~ ,r+ OP ~ G ASR 09~ I~,~ Fk A i° a ~ ~ d~:i ~ TOTAL LENGHT OF PUBLIC ROADS=1728.12 LF Z 01Ny°"~""hR°"~'n~a"~"is ~K^ is/i~/oe ~o~ ""q~~~~~~ a ~v ~j~q TRJiy N4l ~ CS 6' d rr ~ z~ o~ 5~ ~ ~p Y C ( Ex K Nail ~N o- t~ Q S ~oy'9 N0. DESCRIPTION BY DATE 9. - ~ ~ ~I C , ~ti ~ ~ ~~2 tR~N1Z 1~~~ PF `'~~o~ ~~L ~ = SEAL ~ 2 ~ REV1510115 = 5738 ~ C~~ 1J~ ~ RP ~ a ~ ~C~ ~ ~ ~p~, 'ham ~ \ ~ ~1 1 .1 ~ .W ~ ~t ~ - - w - - ~ a A SITE a~ ~ ~ V , ~ ~--~i -,~1, ii.,lhwlllui 6 eN v w ~ ~ 11 ~~l ! ;/~i _ ~,l~e ro _ ~ ~ III I ~1~ , ~ ~ ` ~ J ~ 111 A ~ ,ez - - ~ pNN z R~ ~ ~1 ~ A Tou PVC Pipe O Q ~ - ~ FJ~ = - 1 ~ ..c. _ _ A , A \ ~ ~ TAMMY ~ ~ ~ - - ~ ~ W ~ toil PVC Pipe _ ~ O O ~T-i N012238 W ~:~3_ ~ _ - , 26.55 A~ ~ , ~ ~ EIP ; „ ~ ~ ~ ~ I* ' ~ ~V / A ~ ~ L ~ / ~ n ~ NO ~ ~ ~ . 0 SCALE . ~ U . ~ Ex MAG Nail ~ ~ ~ ~ , z ~ `l C=1+i ~ ~ ~ ~ ~ ~ ~ 16 \ I A ~ S ~ ~ ~ •U ~ i 2~3 S e~-) ~ ~ ~ ti. 2~ 33 2 ~ a~Q - 1 ~ < ~ ~ ~ ,3 ,42,E SF ~ `~~9' S0' ZONE 2 NEUSE ~ Q ~ 9 ~ RIPARIAN BUFFER ~ ~ 11 - N 0.44 ~ - ~ ~Ac. ~5 S . _ - - _ \ ~ - ~ ~ ; v-_ _ - ~ ~ _ _ - - _ - ~ ~ - 2 f EIP EIP - / ~ ~ - ~ ~ ~ _2 ~ Ac. ~ ~ _ ' 3 ~ I ~ ~ ~ _ _ _ _ 1 ~ 31 ~ ~ ~ ~ ~ ~ ~ ~ ; - ~ ~ ~ ~ _ _ _ ~~p > µy N ifl ` ~ ~ 5 , ~ - ~ \ 16,904 ~ ~ ~ - ~ \ 2A ~ 30' ZONE 1 NEUS ~ Q ~ tie - _ _ > ~ - ~ RIPARfAN BUFF - ~ Z ~ .l ~ m n ~ O ~ • ~ 3~ ~ b~ _ ~ 9. 19; 28 ~ ~ ~ ii. ~ - ~ ( ~ 0. 4 Ac. < ~ ~ - - - ~ ~ i i ~ N 21,51 SF ~ ~ j ~6 09 o`~ W ° o X 4 ETLAND BOUNDARY ~ ~'<b~ SITE DATA: W ~ Z ~ ~ o ~ - 197,068 SF - - ~ Z E z ro r~ EIP ~ , ~ _ C~i3 ~ ~ . ~ , PROPERTY OWNER/DEVELOPER: ~ o ~ o Ac. ~ ~ 0 , - 23,875 SF ~ ~ _ - ~ ~ DRAINA~ ~ ~ - - - ~ , A ~ - ' - - - KMT POPERTIES, LLC m o ~ . , i ~ - it - - ~ ` - - - - 413 MADAME MOORES LANE ~ 3 ~ t ~ ~ _ _ i ~ _ _ ~ I- NEW BERN, NC 28562 Z' w Z ~ ~ ~ ~ ~ ice' ~~`b ~ ~ ~ ~ _ ~ ~ ~ 1 ~ ~ - ~F - _ ~ ~ ~ / i~ ~ ~ , - ~ar~ /~y - - - - - (757) 873-1122 W ~ ^ . 2) _ _ ~ \ ~ ~ ~ ~ ~ 1L~AN~ Y = ~ ~ - s _ - - - - c ~ ~v ~ ~ TOTAL SIiE AREA: U2 ~ v / - - - 1,622,281 ~F, 37.24 ACRES ~ - ~ ~ _ 1 \ c. , / : , ~y ~ ~ :4,4' C 9 R AR ~ r ~ ~ ~ ~1 - F~ O~ ~ TOTAL ~ LOiS: 32 a - x - I ~ \ ~ ~ ~ _ ~ ~ 30~ USE h'~ ; ~ ~ ~ ~ ` ~V'~~~ - _ / ~ ~ ' SIiE ZONING: NONE ~ o 25 _ - 6 ~ DEED REFERENCE DB 1913, PAGE 314 ~ o 259 s o - \ A I ~ , ~i, - \ ~ A ~ ~ ~ , g ~ ~ ~ , A A ~ ~ ~ . ; I NOTES: o a ~ 24 ° ~ \ 1V ~ 9~~ z ~ ~ •S~ ~ 1. THE PROPERTY SCALES WITHIN AN UNSHADED ZONE X, SHADED ZONE X, ZONE AE ~ a 596 S s F, ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ACCORDING i0 FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL N0. 3720640600 J, S~ • 6 ~ 5 ~ ~ ~ p 50,~~15 ~ 1 X ~ ~ ~ ~ L4 - EFFECTIVE D',~~ JULY 2, 2uG4. A P~RTioiv uF iH~~ r'rc'urER~i Diu Si,ALE IN THE ~ F ~ ~ _ , 3 v. _ _ `~17 Ac. A - 100-YEAR FLOOD PLAIN. Ex RR Ir ~ ~ V ~ ~ , ~A ~ ~ ~ ~ ~ 6' \ , ~ 1. ~ v ~ 2 THE PROJECT WILL Bt SERVED BY THE FOLLOWING PUBLIC UTILITIES: 17183 S ~ - ~ ~ , / ~ ~ Ili , ~ 8 ~ ' - ~ WATER -CRAVED: COUNTY WATER - ~ ~ - I' ~ •i ~ ~ ~ ~ ~ \ ANC - ~ 0.39 Ac. }g _ - Qc.~ I ~ AND BOURDARY ' SEWER -CITY OF NEW BERN A W o ~ i j ~ ~ ~ / , , ~ , ~ ' ELECTRIC - CP&L 1~ ~ 1$ 9 ? ~ ~ ~ ~ I i ' - - TELEPHONE -SPRINT ~ N~ - ~ 2 A l ~ - _ ~ A, 50' ZON NEUSE ~ ~ ~ r' / ~ ~ - ~ ~ RIPARIAN B ER~ NEUSE ~ ~ CABLE -COX COMMUNICATIONS, INC. ~ ~ : - ~ - ; ~ Ill - ~~o' i ~ 1\ ~ . - , _ -seas. ~ A\ ~ER ~ o ~ 3. MINIMUM BUILDING SETBACKS (UNLESS OTHERWISE STATED) SHALL BE AS FOLLOWS: . , / _ ~ - ~ - 1 ~~fi- ~ 221 ~F ~ . ~ \ ~ ~ - . . _ , 6 ~ -a-{~ I _ ° FRONT YARD = 25 FEET ~ ~ T= - ,DRA ~ i % - ~ 1~: 11 _ ~ , ! ~ ~ . . _ , ~ REAR YARD = 15 FEET i~- - - ~ ~ - - ,BTILITY ~ \ ~ - ~ ~ ~ ~ _ ~ - ~ti6 } 3U ZONE ~1SE• . ~ ~ SIDE YARD . ~ 1 ~ ~ ~ ~ A - RIPARIAN BUFFE ~ - _ • = 10 FEET . a~9~ S, 9p m SIDE YARD ADJACENT TO STREET = 20 FEET - _ , , ~ ~ _ , 1 ~ ~ _ - - q, ~ , ' ~ \ , ~ ~ ~ - - , i ~ II ~ i i ' f g. , ~"E, A8fr~6~' 4. SECTION 404 WETLAND AREAS ARE PRESENT ON THE SITE AS IS DELINEATED ~ - .i ~ z / ~ ~ - l ~ ~ ~ ~ 61 ~~6 ~9~, ON THIS MAP. NO AREAS DESIGNATED AS SECTION 404 WETLANDS SHALL BE ~ ~ - ,1 ~ ~ ~1i ~ ~ _ . 0~ ~ ~ 1 =i y ~ ~ _ ~ ~ DISTRUBED CR DEVELOPED IN ANY MANNER WITHOUT THE EXPRESS PERMISSION f/ ~ ~ - ~ ~ • o ~ , . g N8 g 3 ~ ~a . 1 OF THE U.S. ARMY CORPS OF ENGINEERS OR THE STATE OF NORTH CAROLINA. ~ Q i ~ ~ ~ ~ ~ ~ i ~ ;1 ~ s ~ 56 406 ~ ~ , ~ ~ ' ~ 5. ALL FRONT AND REAR LOT LINES ARE SUBJECT TO A 15 FOOT o ~ ~ ~ ~ ~ a / ~ A t 939 ~ ~ ~,1~ ~ ~ ~~c DRAINAGE AND UTILITY EASEMENT IN ADDITION TO THOSE EASEMENTS ~ ~ ; . 1,~ ~ _ ~ . ro _ ~ ~ •(b SHOWN. ALL SIDE LOT LINES ARE SUBJECT TO A 15 FOOT DRAINAGE W a ~ ~ ~fj ~ „ I ~ ~ . 3 ZO E ~ ~ AND UTILITY EASEMENT CENTERED ON THE LOT LINE IN ADDITION ~ ~ 11 ~ ~ Q. _ - . ~ ~ Q' N 1 NEUSE. ~ _ i ~ ~ CURVE TABLE TO THOSE EASEMENTS SHOWN. z x ~ a . 1 ~ 1 , - - ~ I ' ~ ~ ~ ; ~ , RIPARIAN BUFFER y CURVE RADIUS LENGTH BEARING CHORD DELTA 6. NO STRUCTURES SHALL BE PLACED IN UTILITY EASEMENTS. O ~ • - - I ~ A,1 ~ - _ i / ~ ~ ~ ~,~G ~ 6 ~ ' 7. A PORTIONS OF LOTS LIE IN THE RIPARIAN BUFFER AREA OF ~ Z 0 . ~ O ~ ~ i ~ ~ o. ~ 50' TONE 2 tJEU~E ' _ - ~ BOYD BRANCH. NO VEGETATION DISTURBANCE SHALL OCCUR IN ZONE 1. 1 . ` ~ ' RIPARIAN BUFFf'R . ~ p~ C14 265.00 2.02 SOl'09'31"E 2.02 0'26'13" MANAGED VEGETATION SUCH AS WOODSLAND, LANDSCAPING, AND LAWN ~ N ~ V ~ o- C15 265.00 177.62 Si8'15'42"W 174.32 38'24'14" GRASSES SHALL BE ALLOWED W ZONE 2. ~ W , 29 Sf ~ Q : ; ~ ~ `L ~ ~ Q C16 215.00 145.75 N18'02'36"E 142.97 38'50'27" 8. DUE TO SqL CHARACiERIS1ICS, SPECIALLY ENGINEERED FOUNDATIONS ~ ~ ~ _ ~ 21 14 _ w y - ~ . C17 265.00 177.62 N18'15'42"W 174.32 38'24'14" MAY BE REQUIRED. ~ • WETLAND•BOI~NDARY • 30,003 SF ~ 54,354 SF ~ ' ~ \ ` ~ ~ , Ex Metal Fe .ce Post 8 Cl8 215.00 91.74 S2514'23"W 91.04 24'26'51° 9 REFERENCE BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY ROBERT ~ ~ O ~ 0.69 Ac. 1.25_ Ac. N o ~~I' • TLAND BOUNDARY • ~ C19 265.00 14627 N21'39'OS°E 144.42 3.37'28" H. DAMS, RLS, DATED DECEMBER 31, 2004. ~ ~ a ~ I i1~ ~ ~ ~ ~`L e C20 215.00 91.74 N25°14'23"E 91.04 24'26'51" 1~ N0 STRUCiUP,E SHALL BE PLACED ON THIS LOT WITHIN DESIGNATED .P it '1 ~ , A, . oQ ~ 'S / l~ ~ Q~ NRAF ~E n , i; I~ W 50' ZONE 2 NEUSE ~ . . ~ 2010-37~ C21 25.00 33.38 N25'13'53"W 30.95 7g•29'42" WETLAND OR NEUSE RIPARIAN BUFFER AREAS WITHOUT PROPER W Z RIPARIAN BUFFER ~ ~ ' L ~ - C22 50.00 71.63 S2T26'10"E 65.66 APPROVAL FROM PROPER PERMITTING AGENCIES. W 82'05'09" ~ ~ E P 30 Z 1 NEU - ~ 1 C23 50.00 47.01 54532'22"W 4529 53'51'54" ~ REP N BUFFER s ~S ~ 0 .pro S ~ A C24 50.00 47.01 N80'35'44"W 4529 53'51'54" ~ ~ , p ~F C25 50.00 48.44 N25'S4'39"W 46.56 5530'16" ~ C26 215.00 116.56 S68'04'01"E 115.13 31'03'40" „ / , C27 265.00 178.20 S71'48'02°E 174.86 3831'43.. ~a _ _ NFLSi]N Q ~ ~ EIP ; Q~ ~ _ ~J~o C28 215.00 148.39 S7637'47"W 145.46 3932'44" ~~V~ ~yQ~~D /,j i C29 265.00 148.37 S72'S3'46"W 146.43 32'04'41" ~ ' / C30 25.00 30.77 OCi I g 2006 521'35'33"W 28.87 ~n•ti'an° C31 50.00 19.49 02°30'08"W 19.37 22'20'21 Mtnaru4"",,~^~ C32 50.00 94.41 562'45'44"W 81.00 108'11'23" A PRELIIINAf~Y ~'CA D C33 50.00 16.45 547'2604"E 16.37 1850'43" GRAPHIC SCALE Cl C1 SCALE: 1"=80' EIP C34 50.00 35.91 W1 -7-26'04-E 35.15 41'09'17" 80 0 40 80 160 320 C35 25.00 5.41 5203716"E 5.40 12'24'05" C36 50.00 3.49 N03'50'25"E 3.49 3'59'51° (~N FEET ~ 04083C1.DWG t inch = 80 ft.