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HomeMy WebLinkAbout20061314 Ver 1_COMPLETE FILE_20060815Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Envuonment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 3, 2006 Mr. David Smith 1251 Chestnut Street Bloomsburg, PA 17815 Subject Property Lot 1, Section 6, Players club @ St. James Plantation St. James APPROVAL of Isolated Wetlands Permit Dear Mr. Smith: DWQ Project # 061314 Brunswick County You have our approval, in accordance with the attached conditions, to place permanent fill in 0.02 acre of isolated wetlands in order to construct a single family residence in Brunswick County, as described within your application dated and received by the Division of Water Quality on August 15, 2006. After reviewing your application, we have determined that this fill is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also, this Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality. 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 Permit 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 Permit 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: Amount Approved (Units) Plan Location or Reference Stream N/A (feet) Isolated Wetlands 0.02 (acres) Corner Regency Crossing & Fairfield Way Waters N/A (acres) 401 Wetlands Certification 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 NofthCarolina Aatumlly An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. David Smith Page 2 of 3 October 3, 2006 2. Erosion & Sediment Control Practices 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 Conrrol 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation'must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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. 4. No Sediment & Erosion Control Measures win Wetlands or Waters 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. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Isolated Wetlands 0.04 (acres) CPF 17 (03-06-17 Mr. David Smith Page 3 of 3 October 3, 2006 6. 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/Wetlands 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 Permit 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 Permit, shall expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality.. If you do not accept any of the conditions of this Permit (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 Permit and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Isolated Wetlands Rules as described within 15 NCAC 2H, Section 0.1300. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Noelle Lutheran in the DWQ Wilmington Regional Office at 910-796-7215. A WK/nin1 Enclosures: IWGP100000 Certificate of Completion Sincerely, Alan W. Klimek P.E. cc: Alma L. Bouchard, Agent Jennifer Frye, USACE Wilmington Regulatory Field Office Noelle Lutheran, DWQ Wilmington Regional Office (File Copy) DLR WIlmington Regional Office Central Files Filename: 061314.oct06 -S. - -W-4Ecos stem PROGRAM RECEIPT October 23, 2006 David Smith 1251 Chestnut Street Bloomsburg, PA 17815 Project: County: EEP File No: DWQ No: USACE Action ID: Amount Paid: Check Number: St. James Plantation, Lot 1, Section 6 Brunswick ILF-200644734 06-1314 n/a $3,481.00 1026 OCT ? 0 2006 ui»ratt • y,'+ Ti-K QUA 1TY ?v't11.?Pdfi? lv^D STO?t?"-xTER BR??N The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for she compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin Wetland Credits Stream Credits Buffer I Buffer Il CU (Sq. Ft.) (Sq. Ft.) Ri arian Non-Riparian Coastal Marsh Cold C001 Warm Cape Fear 03030005 0 0.02 0 0 0 0 0 0 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions .7r need additional information, please contact Kelly Williams at (919) 716-1921. cc: Cyndi Karoly, Wetlands/401 Unit Tom Farrell, USACE-Wilmington Noelle Lutheran, DWQ- Wilmington File Sincerely, illia D. more PE Director RestoY ... P ... Protect, ow State MENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.noeep.net Permit Subject: Permit From: Kathy Rivera <Kathy.Rivera@ncmail.net> Date: Tue, 03 Oct 2006 15:48:54 -0400 To: ian.mcmillan@ncmail.net, bev Strickland <Bev.Strickland@ncmail.net>, jennifer.s.frye@saw02.usace.army.mil Players Club @ St. James Plantation - 2006 1314 - issued 10/3/06 1 of 1 10/3/2006 3:50 PM Triage Check List Date: 8/17/06 Project Name: David Smith, Lot 1, Sec 6, Player's Club DWQ#: 06-1314 County: Brunswick To: Noelle Lutheran, Wilmington Regional Office 60-Day processing time: 8/15/06 to 10/13/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (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? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! FEAR SM Ms. Cyndi Karoly Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Ms. Karoly: 20061314 Re: Lot 1, Section 6 - Players Club - Plat 23/219 - Brunswick County (Corner of Regency Crossing and Fairfield Way) August 14, 2006 Per the instructions of Noelle Lutheran, DWQ-Wilmington, enclosed you will find seven copies of the all the paperwork Noelle has assisted us with in order to complete the application. Actually, I sat in her office as she worked through the twelve pages, answering what questions I could about the property. The required application fee of $200 is enclosed, my personal check. We are also in the process of working with Brunswick County, per Mr. Weddle's request, to have the SW001 Form completed by an engineer with Coastal Land Design. It has been a great pleasure to work with Jennifer Frye and Noelle Lutheran. They have been more than willing to assist me with this, have been very professional, there being no way I can express my appreciation for their assistance. As agent for David Smith, should there be anything else whatsoever you may need, please do not hesitate to give me a call. Look forward to hearing from you soon. ab Enclosures: 7 Copies Check: $200 - DWQ Sincerely, 01 G?f 4?mAaLLBouchard Agent for David Smith (910)619-2266 R12@1R0V7[R @ AUG 1 5 2006 NETIANDSAND STORMh'4Tcri a!Z 8509 East Oak Island Drive, Suite 2.Oak Island, NC 28465 • www.cfcoast.com 1-866-778-5523 • 910-278-5523 • Fax 910- ?5?1 yd.S.S ) 20081 314 SM - , Ms, Cyndi Karoly ..,, August 14, 2006 j Division of. Water Quality t ; 401 Wetlands Unit - 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Ms. Karoly: Re: Lot 1, Section 6 - Players Club - Plat 23/219 - Brunswick County (Comer of Regency Crossing and Fairfield Way) Per the instructions of Noelle Lutheran, DWQ-Wilmington, enclosed you will find seven copies of the all the paperwork Noelle has assisted us with in order to complete the application. Actually, I sat in her office as she worked through the twelve pages, answering what questions I could about the property. The required application fee of $200 is enclosed, my personal cheek- We are also in the process of working with Brunswick County, per Mr. Weddle's request, to have the SW001 Form completed by an engineer with Coastal Land Design, It has been a great pleasure to work with Jennifer Frye and Noelle Lutheran. They have been more than willing to assist me with this, have been very professional, there being no way 1 can express my appreciation for their assistance. As agent for David Smith, should there be anything else whatsoever you may need, please do not hesitate to give me a call, Look forward to hearing from you soon. Since of• Alma L. Bouchard Agent for David Smith (910)619-2266 ab Enclosures 7Copies TrrggVM 9 Check: $200 - DWQ D 1 5 2006 AU G -_QENR-WA7ER OATAER gTMRAt,?H 8509 East Oak Island Drive, Suite 2.Oak Island, NC 26465 www.cfcoasteom y1EilANDS MV STS 1-866-778-5523.9 1 0-2 785523 • Fax 910-2 sTSEj S- 'CHARD-Py CH s,o-4544Os: 10177 ?(ALMA BOUCHARD ??'nT ?"?`? 6&Ilusat ri 5344 SP KERUSH TRAIL I annnd+ascc? SOUTHPORT, NO 28461 DATE 2 E- OFR lk ! 3f ? .? ?? ?-?{l tJ' ? -? i 1 c•..3-??-F?-?LIS.&s,? ''^^?? ??// --'^°"'•-mi1j<°'°•••••, lX)LP.AftS t ? B(( gpAVCN tfC08M'K 69T 88T.c.)m ? -°''?-4'" rJ f l f -? y r 1:0S3 6112211:00051133 271.900' 10 477 08-02-'06 14 ; 42 FROM-DEN11 EEP 9197152001 •r-.. t PROGRAM August 2, 2006 Alma Bouchard P 0 Box 10909 Southport, NC 28461 Project: St. James Plantation, Lot 1, Section 6 County: Brunswick T-083 P02 U-612 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-Ri arian Coastal Marsh Cold Cool Warm Cape Fear 0 0.02 0 0 0 0 0 0 03030005 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, JR. ill m D. Gilmore, PE or cc: Cyndi Karoly, Wetlands/401 Unit Tom Farrell, USAGE-Wilmington Noalle Lutheran, DWQ-'Wilmington Doug Ifuggett, DCM-Morehead City File Ptt rMg... Egluut u;tg... Pro"' ou.Y fta& North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / www.nceep.net NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN-LIEU FEE REQUEST FORM Revised 5/16/2006 Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. All correspondence from NCEEP will be to the Applicant, with a copy to the Applicant's Agent (if indicated). CONTACT INFORMATION APPLICANT APPLICANT'S AGENT optional) 1. Business or Individual Name O 1 - 2. Street Address or P O Box 3. City, State, Zip Contact Person 4 ' r . b N yy, y? g , i ? ? um er 5. Telephone ......t7!L.... c?.? ...4 6. Fax Number ------- 7. E-Mail Address (optional) ----....------ -.._-..._---------------- _ -._._..----- PROJECT INFORMATION 8. Project Name 1 9. Project Location (nearest town, city) ! I 10. Lat-Long Coordinates (optional) 11. Project County i i 12. River Basin 13. Cataloging Unit (8-digit) .___..___..----...._.___...__._...---..--- _._......... 14. Riparian Wetland Impact (ac.) (e.g., 0.13) 15. Non-Riparian Wetland Impact (ac.) 0, CA /L af, I - e" 16. Coastal Marsh Impact (ac.) r 1v,1? 17. Stream Impacts (ft.) (e.g. 1,234) Warm Cool Cold 18. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) 19. Buffer Impact-Zone 2 (sq. ft.) / :V IMPORTANT Signature of Applic nt or Agent: r Check (q) below if this request is a: p i- z jv dc - ? - revision to a current acceptance, or ?- Date: /' =a ?_?0< 1116 re-submission of an expired acceptance Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed" web page: http://cfpub.epa.gov/surf/locate/index.cfm Direct all questions to David Robinson at 919-71-&- 4 or david.robinson@ncmail.net ???,?-;? ;,''?,???,? 'fir'/?? '? ? 1! •?? • cop i t &),d t N14 A > bwa., 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 forni is available online at ,v"vw.saw.usace.army.mil/wetlands/Pertnits.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.amiy.iniI/wetlands/index.litmi, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://l12o.enr.state.nc.us/newetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Perniit 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 12 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at http•//«vw usace anny.mil/inet/functions/cw/ceewo/i-eg/2002iiwps.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 pen-nit 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 Pen-nit 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 infonnation, see the DWQ website at http://li2o.ehnr.state.ne.us/newet]ands/fees.htnil. 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 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Division of Water Quality `G 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 North Carolina State Agencies Division of Water Quality Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Telephone: (919) 715-0476 Fax: (919) 715-2219 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 larine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 Page 3 of 12 CAMA and NC Coastal Counties 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 Beaufort Chowan Hertford Pasquotank Bertie Craven Hyde Pender Brunswick Currituck New Hanover Perquimans Camden Dare Onslow Tyrrell Carteret Gates 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 1 - 4. Page 4 of 12 Office Use Only: Form Version March 05 Mr DWQ No. 20 0 6 13 1 4 USACE Action ID No. (If nnv nnrticular item is not aonlicable to this moiect, please enter "Not Applicable" or "N/A".) Y J ?' 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:' sA ->. t • 1A,41 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 "` LS ?? 1. Owner/Applicant Information AUG 15 2006 Name: T) 4-y ? b ,YN ~i.' jam- UCNR I.N.ATSSR 01 CAI i,v Mailing Address: j",'5,, 1 _!°' etsrdu " ?-eee°.i- WETLVMAMST01MwATSBRWH ill ?,?rr?? C1 ' 'PA I J --- - Telephone Number nv" g,5q, q71 Fax Number: 04 l jr5 . E-mail Address:4-) t'; Pty IV%sm lr= A =A-fn 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.) n uL? `?' Name: ( (ma, Company Affiliation: APe T-ecA .- C64Wr aa,( FS r w--V,-- Telephone Number: E-mail Address: n.1 Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. i 1. Name of project: z / A- C 2. T.I.P. Project Number or State Project Number (NCDOT Only): Iq to 3. Property Identification Number (Tax PIN): / I?l }f 4. Location y County: her t1`t-:7i ?J? Nearest Town:' Subdivision name (include phase/lot number): -PI& vi- 1 c ?? 1 0 Directions to site (include road numbers/names, landmarks, etc.): 8 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): ON °W 6. Property size (acres): 7. Name of nearest receiving body of water: River Basin: t ?-f k'. t'?' Cep (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at littp://h2o.enr.state.nc.tis/admin/maps/.) 9. Describe the existing conditions on tpe site and general ] at the time of this application: 0 AEi 4"e- - in he vicmit of the The Page 6 of 12 10. Describ the overall project i 16 1- ra C t. C 11. Eplain the pu ose of the pr IV. Prior Project History V. detail, including the type,,of equipment to be 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, '0 Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, r-lv lint imr otc rlna to lhntli ctrnrtllrA and flnndina. Wetland Impact Number (indicate on map) ype of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year F yes/no) (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Inn, 6 7 Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mnct ha int-Imiprl Tn rnlrnlnte. ncrenge- multinly length X width. then divide by 43.560. Stream Impact Number indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet) Area of Impact acres 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 -vonvnfinn dri-daina flnndinf7 tlrninnvP hnikhea(ls- etc- Open Water Impact Site Number indicate on ma) Name Waterbody applicable) e) (if ap Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 12 6. List t he cumulative impact to all Waters of the U.S. resulting from the project Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? Yes ? No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined toabe isolated by thel 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) 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 12 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 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.ushiewetlands/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 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/wip/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): C'>= Z `: c't c :'z _<> Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 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 [A 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 eA 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. Im act Required Zone* ,,,-,_ p c of, Multiplier A4.*.,s,,,, I I I 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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 1 I of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious levell XU. 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. XIIL 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) i Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes E] No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance th the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing- time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). w3 - r v ApplicantlAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant i rovided.) Page 12 of 12 ?- $^ ?? l 4?t? 35wr 'i va 4 9r? y ?? 4 f- s 41 ZAi a f'?„t+ ?c'_ 1J 1 SSY???1117}? rn_-f x ?e t? i;# °??lrt ,,per '` :d, i } ti i t ? y ,???? ?? sx r {? . ? •t2I4k A6 ?,r e (? ( f # ?? .. r ??? •?, ? 3cr t ? r? ;r fi ?? ? ? ? I r t"'x. f ? •."N`? ? . r?`s'c. " ?.{?" 14 ,tir{I r? ?? : " ?." a• ?, .',?? t ?.,?i T ? ?7? S' ? r? r. 3 ?r ? ? ?1]?y `? . ?{ +F F x i I?Ty??'f1 ?? _ ?,?' ` .. ??'d "'yam ? 1 ?"k`? ?.?p? ,? ill ?' ??? r? , ?Y` " ????St?.?.''?'j?'''?• g r ? " a ? r A/ r ?'r` ? '^"`- i z ? ? 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'n«?" 1.7 r OIL" C) 14 U] \Ap rn Lnomz 2 m?? n ' F cn ?H or `' ?a UA -3 Oa T C ,5 OR CJ 0 O L Z z ° ---- a n a ? ri r ' Print Message From: "Frye, Jennifer S SAW' <Jennifer.S.Frye@saw02.usace.army. mil> Add to Address Book Date: 2006/05/26 Fri AM 10:59:41 EDT To: <almabouchard@bellsouth.net> CC: <Noelle.Lutheran@ncmail.net> Add to Address Book Subject: RE: RE: JD Checklist - St. James Plantation Log Hey Alma, I know I just spoke w/ you, but 1 thought that I would send an email and copy Noelle. Like 1 said, I visited the property yesterday and determined that there are no jurisdictional waters on the lot.(the closest JD waters is the stream channel at the back of the property, but the survey stakes showed that the stream was off property). However, there exists an isolated wetland that is under the Division of Water Quality's jurisdiction. Since this wetland is not regulated by the Corps, I did not do a delineation. I recommend that you contact Noelle to discuss DWQ's regulations. Noelle, I do not believe that the isolated wetland area exceeds 0.10 acre, but I didn't measure it. The sites been surveyed and bushhogged. Call me if you have questions. Jen -Original Message-- From; almabouchard bellsouth.net [mailto•almabouchard@bellsouth.net] Sent: Friday, May 26, 2006 10:27 AM To: Frye, Jennifer S SAW Subject: Re: RE: JD Checklist - St. James Plantation Log Importance: High Good Morning ! What is a guesstimate when you may get to the St. James lot on the corner of Regency Crossing and Fairfield? Thanks! Alma > From: "Frye, Jennifer S SAW' <Jennifer.S.Frye@saw02.usace.army.mil> > Date: 2006/05/19 Fri PM 04:39:38 EDT > To: <almabouchard@ti outh.net> > Subject: RE: JD Checklist - St. James Plantation Log > Alma, > I'll get to it as soon as I can. Thanks, > Jennifer > ----Original Message-- > From: almabouchard@bellsouth_net [ma!Ito:almabouchard(a?bellsouth.net] > Sent: Friday, May 19, 2006 7:55 AM > To: Frye, Jennifer S SAW > Subject: Re: JD Checklist - St. James Plantation Log > Importance: High > Good Morning 1 > Here is the checklist. (well I could not get it to attach-see fax!) > I am faxing over the plat I have and the letter of authorization. > Thanks so much for getting to this asap. I know you are covered up and do > appreciate all your help. > Tide Water did go out and do a boundary survey, the corners have been > identified, rods are exposed and orange ribbons. They are such good folks Close this window ........... ... . Y3 http://webmail.bellsouth.net/agent/mobmain?msgvw--AHUAHwA9ADgADAAXAH8AHwBpAEsAR... 6/1/2006 tt 1 'H._Y r =•?r i ri r ?1 t N, 4V td' 14 , 11 -14 "- u yr 16 M( .. .x r ?; -?w ? b'{bY ?.' ?1 iFr i s to / 7 7 l - 4 j Sm mss Ms. Cyndi Karoly August 14, 2006 Division of. Water Quality 401 Wetlands unit 2© 0 6 1 3 1 4 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Ms. Karoly: Re: Lot 1, Section 6 - Players Club - Plat 231219 - Brunswick County (Comer of Regency Crossing and Fairfield Way) Per the instructions of NoeIle Lutheran, DWQ-Wilmington, enclosed you will find seven copies of the all the paperwork Noelte has assisted us }pith in order to complete the application. Actually, I sat in her office as she worked through the twelve pages, answering what questions 1 could about the property. The required application fee of $200 is enclosed, my persona( check- We are also in the process of working with Brunswick County, per Mr. Weddle's request, to have the SW001 Form completed by an engineer with Coastal Land Design. It has been a great pleasure to work with Jennifer Frye and N'oelle Lutheran. They have been more than willing to assist me with this, have been very professional, there being no way I can express my appreciation for their assistance. As agent for David Smith, should there be anything else whatsoever you may need, please do not hesitate to give me a call. Look forward to hearing from you soon. Sine rely, Alma L. BouchO m? Agent for David Smith (910)619-2266 ab Enclosures: 7 Copies Check: $200-DWQ G \t??1J D lj AUG ? 5 2006 8509 East Oak Island Drive, Suite 2.Oak Island, NC 25465 • www.cfcoastcorn r DENR - W A3ER QA L BR?? 1-866-778-5523.910-278-5523 Fax 910.24 _ z r1 q ?,TS- _ ..rp sjlj ? Y1tEtlwrv.r . }?tl 0UC1M 91Q-054-4051 ?. . f. ,,,, 6?f ?y,3? "! 7 U177 pLf41A ?`*u^...C y!%''S' 6E-ti2/531 59" SPIY.ERUSN TRAJL 79tAaYY1 m gCt7'ntPORT, NC 204G1 .? ?rjC t'.\v TOrits _ -_ V j r ! $..^t/d 1f]3../ c?utx-!toer+ L ?FCZJy /B'??d -----288d??-"c°?'r 4?`5/tiff LfSs. ltr s ,. m xxrau+ k? 4!S. '.. NrLIYC!?&L.R W43ANO TPJST COYR4VY t?? } °f p,,+,r'? 41; 1eEJBAl:K 6fiT BBT+:em f/ A?°? T?. 2i1F. ??.'.^_t_' ? ?- •O? ? 1?? ? l? f ` ~+, cvi's -.;? ? k._:'.:..L1-__..-_....__ R9 . ':053 1? i 1 21t:0005113327490n' 101?? s 08-02-'06 14:42 FROM-DENR EEP 9197152001 T-083 P02 U-612 August 2, 2006 Alma Bouchard P O Box 10909 Southport, NC 28461 Project: St. James Plantation, Lot 1, Section 6 County: Brunswick 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 Perinit/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 Cape Fear 0 0.02 0 0 0 0 0 0 03030005 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.Enviromnent 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, ill on 17. Gilmore, PE ' ctor cc: Cyndi Karoly, Wetlands/401 Unit Tom Farrell, USACE-Wilmington Noelle Lutheran, DWQ-Wilminton Doug Huggett, DCM-Morehead City File Aril... EKA"XM9... Pro", oar J&& EEr+iMill North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net NIMEIM.-- I NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN-LIEU FEE REQUEST FORM Revised 5/16/2006 Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. All correspondence from NCEEP will be to the Applicant, with a copy to the Applicant's Agent (if indicated). CONTACT INFORMATION APPLICANT APPLICANT'S AGENT (optional) 1. Business or Individual Name ?I-s- 2. Street Address or P O Box e. s, _ ICJ 3. City, State, Zip Contact Person 4 . 5. Telephone Number 6. Fax Number c I A ' 7. E-Mail Address (optional) ' 4194,. 3&L i?c3G` ' he oe. ? . PROJECT INFORMATION 8. Project Name - 9. Project Location (nearest town, city) 7 - 10. Lat-Long Coordinates (optional) ( t-11. Project County -' 12. River Basin 13. Cataloging Unit (8-digit) 14. Riparian Wetland Impact (ac.) (e.g., 0.13) A 1A -- -? - 15. Non-Riparian Wetland Impact (ac.) ?3 ' .--- 16. Coastal Marsh Impact (ac.) Ail j A 17. Stream Impacts (ft.) (e.g. 1,234) Warm .__.._...__.._.....I.......... .._............ Cool Cold 18. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) 19. Buffer Impact-Zone 2 (sq. ft.) !rA ___-- IMPORTANT Signature of Applic nt or Agent: t Check (J) below if this request is a: _ revision to a current acceptance, or Date: _ re-submission of an expired acceptance G/%,?rrr ??? .--? Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed" web page: http://cfpub.epa.gov/surf/locate/index.cfm Direct all questions to David Robinson at 919-7- 4929 or david.robinson@ncmail.net 71;; -L?ZJ' t Zoe) i lue wl/ )e`,vL- -,, >' 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/wetlailds/Pen-nits.htinl. 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.aniiy.miI/wetlands/index.litml, 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 htth:/%h2o.enr.state.nc.us/newetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the frill 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 12 Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at http•//wtvw.usace.army.mil/inet/functions/ew/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/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 208 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabairus 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 Cunituck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889-1000 Carteret* Green Pamlico Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans 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 L? North Carolina State Agencies ( ;t y Division of Water Quality 401 Wetlands Unit Division of Water Quality Ecosystem Enhancement Program 1650 Mail Service Center 1652 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1652 Telephone: (919) 733-1786 Telephone: (919) 715-0476 Fax: (919) 733-6893 Fax: (919) 715-2219 US Fisl US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 i and Wildlife Service / National M US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 258-3939 Pitt Tyrrell Washington Wayne *Croatan National Forest Only State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 276994617 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 12 CAMA and NC Coastal Counties Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Fax: (919) 733-1495 Beaufort Chowan Bertie Craven Brunswick Currituck Camden Dare Carteret Gates Hertford Pasquotank Hyde Pender New Hanover Perquimans Onslow Tyrrell Pamlico Washington 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 NCWRC and NC Trout Counties Alleghany Caldwell Ashe Mitchell Avery Stokes Burke Surry Buncombe Henderson Cherokee Jackson Clay Macon Graham Madison Haywood McDowell Watauga Wilkes Polk Rutherford Swain Transylvania Yancey APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4. Page 4 of 12 Office Use Only' Form Version March 05 / USACE Action ID No. /!?DWQ No. 0 0 6 1 3 1 4 (If anv narticular item is not applicable to this proiect, please enter "Not Applicable" or "N/A".) 1. Processing ie _.i?Lii_1 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: -1: A-eAL t I LAL t" L 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 1,4 @ R ow h 1. Owner/Applicant Information AU G 1 5 2006 Name: b ay i b ate; . Mailing Address: 1 ?, ly-srdt-ir e 1- AE] ANDS AND STC MAIERSRRAND Telephone Number Mq, / Fax Number: On, l f'S E-mail Address: ll? qv w?SN . t?rJ??w ° m r-Ai - - t> 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: ( (r rr` i hielAn ??° Company Affiliation: 0- ArOe Vmea4 L' CC3awy e '' `•?- - Mailing Address: 2,561 Eris eqx_ / amp .). A: V-e- 9 4. - Telephone Number: E-mail Address: n,1 Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 1(J 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): _C-)C) 4. Location f7 County: /yw1?a; + U Nearest Town: Subdivision name (include phase/lot number): Ub 11 Directions to site (include road numbers/names, landmarks, etc.): 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): ON °W 6. Property size (acres): 7. Name of nearest receiving body of water: 8 River Basin: 1.-ii4V, .? rULZ (Note - this must be oile of North Carolina's seventeen designated major river basins. River Basin map is available at littp:Hli2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on t e site at the time of this application: '> ?Yu general land use in he vicini of the The Page 6 of 12 10. 11. Explain the purpose of the 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. .1 4 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. Nc" 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. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, c-rntaly list imnnrtc drip to hnth Stnlrtiire. and flnnding_ -- _-- Wetland Impact Site Number (indicate on map) ---1 -----__ - ----- -. 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) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: n. (`) Z_ 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mnct ha inrh,dPd Tn nalr.nlatP arreane_ mnltinly length X width. then divide by 43.560. Stream Impact Number (indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet Area of Impact (acres) 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 Pxrnvntinn dredvino flonclino drninnoe hnikhends_ etc_ Open Water Impact Site Number (indicate on ma) V Name Waterbody (if applicable) e) ap Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 12 6. List t he cumulative impact to all Waters of the U.S. resulting from the project Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? Yes ? No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically bgen deternjined tolbe isojate?drby thl 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction 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 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by.creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httl2://h2o.enr.state.ne.us/ncwetlands/strmgide.btml. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach 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.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): (?s 7 JZ cA'e,S Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No k 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No a 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact Required Zone* , ... p c e+? Multiplier ,%,r;+; +:*- 1 I 3 (2 for Catawba) 12 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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 1 I of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. of percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level BOA 5700 MI. 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. X 1H. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer.Rules? Yes El No Is this an after-the-fact permit application? Yes E] 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 bqp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing" time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). .7 Appli ant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant i rovided.) Page 12 of 12 r, 4 4;. I C f• y- k 4t1 ett ?r ?'X CJ11C.1:3f?1- "o #-I Y, .I,.,. *lk ?' '}tom; t *G.'3 14 ,f5 flr ?? f.+P I ILA /y{t '° R?. '? t.: y.•.^. ?` ?`.?d, WYY 'til!1? ?l?? ?? ??i ((^' ?rri;"`?` !?'[ 5??}; }?{ ? ?-_' , v.:. ;??• ?' ?? ,-. "c'..ir,t,? `yam ?l ?'c e'??,?"""?{ ?,s ? ?? ilk t y`'i t , °r+T 2?i it t y{ q ?r F r yr'» LG.? ? ' 1 rrl? ? ? ? ? ? 4?r t? ?'? ? . i ''c r•' '?? ? } ? ? ?. ? '? Fj ? t ????? ti3r`?{ ??±?1.5? ?i VA , ,j?a '1i? h !Y . ?'s lc ?d tit, ,r«*?! 4?} ?? h*`?;?{f,rry??G3d ^S i?`•/ ai" { ,k .rcgr`'x`? hi 0,i,? ?tr at't..?t•?iRa?¢,+•..rj ,..? .r ?., •r c' fF,s ice(; a?., a y?, k r .?#? ia?},f ?yr4.. 11 # h. ? x 'h r ti ? Y, ?! # to r + t i l 4 r-%y ? ? ?..ni?• 1 +,i' ?{? ?1 . 7} s- Y,`r : 1 t ??5 ' !'t, J.'1~{•1J•.y :I??? 'n yk 1 '?. s +je}'.`?r?-?"', ;'4#3??+ ' ? F E? ?", ?r ? r ? t 4 ? r £?? <. t° il ,??+K?,,,I''A ?;y?K, f? ?4 •ar ? `1,f ? i ? y,';_y,?,df n,.7 ??,?yjhrr ?'? ? ??? ? ?,.?'??"??"?? rwV:f?i'?F";4 rlrT- ?. ?' =Y. 11S _o - .?` ? }af _'_=..rr:..-- ?4?C. ?': ?.?? ?..?' v _ /. '.5 ?., ?' feK? '?. _.,r, •x`1??n?F ? NORTH CAROLINA BRUNSWICK COUNTY 1. WILLIAM W. DELANEY 11. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY 0' VO' 10?' 150, MADE UNDER MY SUPERVISION ( DEED DESCRIPTION RECORDED M CEED BOCK AT PACE IN THE 1 6-7 BRUNSWICK COUNTY REGISTER OF DEEDS OFMCE): 'HA?T! THE BOUNWAIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN DEED BOOK AT PACE THAT THE RATIO OF PRECISION AS CALCULATED Br COMPUTER IS 10.000+. WITNESS sICNATU no. LIM THIS 7 OF A. E`0 WAY a 50' R/1N PR1 VAT,, 31 5, 1 L =38.15' SS/ F?FF? R =25.00',?v °°. / E.R.B. PRO ,ONAL - s g r L-2 - ARTrI FOUND C7 0\15.0 FSAGGED ON 7/7/08 y0 'La 0' P BY THE DIVISION abSU9 !u `° or CONTAIM W. 0 L=27.47' ?p,6Y7 / ha°epaaoaeaaa°°°9?. R=200.00' 3029 q. &=07.52'15' E.R.B. .02 C LEN=27.45' ? BRG=N 3371'25' E 5F,?8 E.R.B ofl ?/ 49 s? 0 401. SQ. FT. LOT 4 J fTl m 12.25' DRAIN Age m LOT 1 U Z Z \ 0.76 ACRES y 4 w. U ? T LOT 2 (n a \ LOT 3 r n 404 LINE AS cc V ' I SHOWN ON REGORGED c1t SU2CIVISICN PLAT t° v `RAP CA3.23 PACE 219 a I E3.0,3. - r0 NWr 17 TO Smin,CRT - NC I WY 211 ST. JAY6 OR Puree's CLUB STE REGENCY CRW9N4 J FAIRRELD WAY SITEi VICINITY MAP - NOT TO SCALE NOTES: 9. W01lam W. OaLoney 11, P.LS. certify that the owner of thlw land I. and the survey as ano_ depicts an outing parcel of land within on aTaa of a county or rnuni ipaiity that haw an and- that mqulates pomals w Wnd. SURVEYED BY: TIDE WATER SURVEYING SOUTHPORT, NORTH CAROLINA 910-457-9580 NOTES: 1.THE LAND SHOWN ON THIS PLAT IS N A FLOOD HAZARD AREA. 2.SURVEY DATE: 07/07/20CS. 3.PLAT SCALE: 1" = 50'. 4.E.R.5.= EXISTING RE-BAR. ST. JAMES PLANTATION PLAYERS CLUB PUD SECTION e LOT 1 0.76 ACRES SURV^" ?r',4: j I DAYD S1iM1_H I ET %'?NTAT'CN ' I.CCI<SNCCA =CLLY ?CWNSHIP 3RUNS'WCK :CU'.NTY STAT '.F ICRTy ',1FC;.:JA ENG. -_ Print Message From: "Frye, Jennifer S SAW' <Jennifer.S.Frye@saw02.usace.army.mil> Add to Address Book Date: 2006105/26 Fri AM 10:59:41 EDT To: <almabouchard@bellsouth.net> .cc: <Noelle.Lutheran@ncmail.net> Add to Address Book Subject: RE: RE: JD Checklist - St. James Plantation Log Hey Alma, I know 1 just spoke w/ you, but 1 thought that 1 would send an email and copy Noelle. Like I said, I visited the property yesterday and determined that there are no jurisdictional waters on the lot.(the closest JD waters is the stream channel at the back of the property, but the survey stakes showed that the stream was off property). However, there exists an isolated wetland that is under the Division of Water Quality's jurisdiction. Since this wetland is not regulated by the Corps, I did not do a delineation. I recommend that you contact Noelle to discuss DWQ's regulations. Noelle, I do not believe that the isolated wetland area exceeds 0.10 acre, but I didn't measure it. The sites been surveyed and bushhogged. Call me if you have questions. Jen --Original Message-- From: almabouchard@bellsouth.net [mailto:almabouchard(a-bellsouth.net] Sent: Friday, May 26, 2006 10:27 AM To: Frye, Jennifer S SAW Subject: Re: RE: JD Checklist - St. James Plantation Log Importance: High Good Morning ! What is a guesstimate when you may get to the St. James lot on the comer of Regency Crossing and Fairfield? Close this window Thanks! Alma > From: "Frye, Jennifer S SAW' <Jennifer S Frye(cDsaw02.usace.army.mil> > Date: 2006105/19 Fri PM 04:39:38 EDT > To: <a!mabouchardP_bellsouth.net> > Subject: RE: JD Checklist - St. James Plantation Log > Alma, > I'll get to it as soon as I can. Thanks, > Jennifer > -----Original Message-- > From: almabouchardt7a bellsouth net (mailto:almabouchard(Mbelisouth.net] > Sent: Friday, May 19, 2006 7:55 AM > To: Frye, Jennifer S SAW > Subject: Re: JD Checklist - St. James Plantation Log > Importance: High > Good Morning ! > Here is the checklist. (well I could not get it to attach ...see fax!) > I am faxing over the plat I have and the letter of authorization. > Thanks so much for getting to this asap. I know you are covered up and do > appreciate all your help. > Tide Water did go out and do a boundary survey, the corners have been > identified, rods are exposed and orange ribbons. They are such good folks httpalwebmail.bellsouth.net/agent/mobmain?msgvw=AHUAHwA9ADgADAAXAH8AHwBpAEsAR... 6/1/2006 . ? 1 w1 fi ?- t t `??? ?9? ?p ?. R???'? ?. .', tip' ? ?u `? ? i'r ` "^'-?[ r r ., ??. ?,Li ,- "'? ,,,?. ??r , f?? ??'a?/ ? r". .??r o ,. v 1' +! ? s r? ? ?? ?y ? ? 3.' ?? 9. `?. 1.' _y' ??..? ?4. ? ?5 ?. ???b?}? ,. n i ?.`v ?? ?i .?: ?? i ? yt