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HomeMy WebLinkAbout20061006 Ver 1_Complete File_20060524otO? W ATE9QG ? r ? Y Mr. Kenny Johnson Homeboy Homes, LLC PO Box 3234 Wilmington, NC28406 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 June 13, 2006 Subject: General 401 Water Quality Certification #3402 Lot 13 Carolina Beach Village, Carolina Beach New Hanover County w Dear Mr. Johnson: QL=oe?D JUN 1 9 2006 DENR - WATER QUALITY 4' 1* C. 44" STCRMWATER RANCH The Wilmington Regional Office received your application for a Nationwide 18 Permit from the US Army Corps of Engineers (USACE) and a General 401 Water Quality Certification on May 24, 2006. The wetland impacts proposed are for the purpose of constructing a single family residence. You are authorized to impact 0.075 acres of Section 404 Wetlands under General Water Quality Certification (WQC) #3402 (enclosed). This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use the Nationwide 18 Permit when the USACE issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all of the conditions of the General 401 Water Quality Certification. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any additional impacts to wetlands or water quality not described in your application, you must contact this office immediately. If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215. Enclosure: WQC #3402 Sincerely, ? Noelle Lutheran Environmental Specialist III cc: Amanda Kolb, Southern Environmental Group, Inc. Ian McMillan, 401 Oversight Unit Jennifer Frye, USACE Wilmington North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: www.ncwaterquality.org NorthCaro/l/ina An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Natura!!rl WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 213 .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B.0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered'stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-11), 2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development t WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (V'JS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to.1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HOW, Tr, WS-1 and WS-11 unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; t WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 r Southern Environmental Group, Inc. 5315 5- College Kd. Suite E • Wilmington, North Carolina 28+12 910-+52-Z71 I rax: 910-+52-2899 F I ) www.segi.us May 19, 2006 2 1 fl D to L5 ??? D D United States Postal Service 0 0 6 MAY 2 4 2006 Mr. Ian McMillan 401 Oversight/Express Review Permitting Unit Division of Water Quality 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604 Re: Lot 13 Carolina Beach Village Carolina Beach, New Hanover County Pre-Construction Notification 18 Application Dear Mr. McMillan: 1'1'ETLANDS AND STTORMWAM BRANCH 0 % Project-_#04-179 Q1,] Our firm has been retained by Home Boy Homes, LLC in Carolina Beach, NC to pursue a Nation Wide Permit 18 to impact 0.075 acre of Section 404 wetlands to build a residential structure at Lot 13 of the Carolina Beach Village Subdivision in Carolina Beach, New Hanover County, North Carolina. Impacts to wetlands associated with the project consist of 0.075 acres of fill to allow construction and placement of a residential structure on this lot. The wetlands on the lot cover most of the back half of the parcel (see plan submitted with the permit application). The filling of the wetland area is necessary for the construction of building envelope for subject dwelling, as well as to maintain required setbacks. Along with the permit application, our firm submitted a jurisdictional determination package to the Army Corps of Engineers. Once we receive the tear sheet and signed jurisdictional wetland boundary map, we will furnish your office with copies. At this time we are requesting your review and approval of the attached permit application and documentation. Please feel free to contact me, if you should have any questions or comments, at 910.452.2711. Thank you in advance for your assistance with this project. Sincerely, 'teams Amanda L. Kolb Staff Consultant Y 5E-6i Enclosures (2 sets): Wetland Determination Information Package PCN 18 (2) Vicinity Maps Proposed Plat & Building Layout Property Owner Tax Information Aerial Photograph Letter of Agency First Page of Stormwater Permit cc: Noelle Lutheran Soutkern Environmental Group, Inc. 5315 College Road Suite E- • Wilmington, Nortk Carolina 2841 2 910.452.271 I . Fax: 910.452.2899 ' o{ficecase¢i- www.segi.us Date: Project Name: Owner: Wetland Determination Information Package 11/08/2004 Lot 13 Carolina Beach Village SEGi Project #: 04-179.01 Homeboy Homes Applicant Same PO Box 3234 (If different Wilmington, NC 28406 from Owner): Project Site: 140 Lighthouse Drive Parcel ID: R08814-003-082-000 Project Size: .32± Acres 13,939.2± Square Feet Subdivision Name: Carolina Beach Village Block and Lot M Lot 13 Sec 2 Directions to Site: Cross Snow's Cut Bridge into Carolina Beach. Take a left onto Lewis Drive. Take a right on St. Joseph's Street. Take another right onto Lighthouse Drive. Site is 4' lot on right after passing Sugarloaf Court. Nearest Water Body: Carolina Beach Harbor Watershed: Cape Fear Lat / Long 34° 2.82'N / 77° 53.76'W USGS Quad Name: Carolina Beach Wetland Acreage: 0.26 Jurisdictional Attached: Letter of Agency Vicinity Map (3 scales) Tax Map and Parcel Information Topographic Map Topographic Map on Infrared aerial Field Sketch Soils Map Data Sheets N/A Isolated Office Use Only: Form Version May 2002 I LO D O USACE Action ID No. DWQ No. _ 2 0 0 6 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: © Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information M (? 1. Owner/Applicant Information v ?(J? U Name. Homeboy Homes, LLC Mailing Address: Attn: Mr. Kenny Johnson MAY 2 4 2006 PO Box 3234 DENR - WATER QUALITY Wilmington, NC 28406 WETLANDS AND STORMWATER BRANCH Telephone Number: 910.792.1123 E-mail Address: Not Applicable 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: Dana Lutheran Company Affiliation: Southern Environmental Group, Inc. Mailing Address: 5315 S. College Rd. Suite E Wilmington, North Carolina 28412 Telephone Number: 910.452.2711 Fax Number: 910.452.2899 E-mail Address: DLutheranAsegi.us Page I of 8 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: _Lot 13 Carolina Beach Village 2. T.I.P. Project Number or State Project Number (NCDOT Only):__ Not Applicable 3. Property Identification Number (Tax PIN): R08814-003-082-000 4. Location County: New Hanover Nearest Town: Carolina Beach Subdivision name (include phase/lot number): Carolina Beach Village Directions to site (include road numbers, landmarks, etc.): Cross over Snow's Cut Bridge heading toward Carolina Beach Take a left onto Lewis Drive. Follow to the end, then take a right onto St Joseph's Street Turn right onto Lighthouse Drive. Once you pass Sugarloaf Court, site is the 3' lot on the right 5. Site coordinates, if available (UTM or Lat/Long): Approx. 34°2.82'N / 77153.761W. (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 0.32 acre (13.939.2 square feet) 7. Nearest body of water (stream/river/sound/ocean/lake): Carolina Beach Harbor 8. River Basin: -Cape Fear (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/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site has open upland area to the west- and is heavily wooded to the east 10. Describe the overall project in detail, including the type of equipment to be used: Page 2 of 8 Using heavy machinery, applicant wishes to develop a single family dwelling 0.076 acre (3.308 square feet) of wetland is to be filled for the construction of home foundation. 11. Explain the purpose of the proposed work: The filling of the wetland area is necessary for the construction of the building envelope for subject dwelling, as well as to maintain required setbacks 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. USACE Action ID M pending (Notification of Jurisdictional Determination) - submitted to Ms. Jennifer Frye on 09 May 2006. State Stormwater Permit #: SW8-950836 (see attached documentation,) V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permits are anticipated for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 3 of 8 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts:_ Impact Area A: Placement of fill material within 0.076 acre (3,308 square feet) of wetland to allow construction of a single family residence and maintain required setbacks. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** 1 Fill 0.076 No >4000 Wet Flat -.O. ?t>.. nnpact bcpatatcty ana taenttry temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.26 acre (11.325.6 square feet) Total area of wetland impact proposed: 0.076 acre (3.308 square feet) 3. Individually list all intermittent and perennial stream impacts below: Not Applicable. Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) L..10t cacn nnpact acparaimy ano taennry temporary impacts. impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tot)ozone.com, www.manquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site:_ Not Applicable. 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below:Not Applicable Page 4 of 8 Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) _ Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation Not Applicable 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.): Not Applicable Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Not Applicable Size of watershed draining to pond: Not Applicable Expected pond surface area: Not Applicable 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. Due to requirements associated with setback regulations house cannot be situated in anx other manner. Fill is necessary to complete building envelope and maintain all required setbacks. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable Page 5 of 8 mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.httnl. 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 is offered through the North Carolina Ecosystem Enhancement Program (NC EEP) at a 3.3:1 ratio. 0.075 acre of wetland impact is proposed and 0.25 acre of wetland mitigation has been requested from the NC EEP 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet):Not applicable. Amount of buffer mitigation requested (square feet):Not applicable. Amount of Riparian wetland mitigation requested (acres):Not applicable. Amount of Non-riparian wetland mitigation requested (acres):0.25 acre Amount of Coastal wetland mitigation requested (acres):Not applicable. I. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Page 6 of 8 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 ? IX. 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Gp-act (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Lone 1 extends out 3U teet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. X. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Stormwater (required by DWQ) Page 7 of 8 Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Stormwater management plan for subdivision provides wet detention pond for stormwater runoff (see attached Stormwater Permit #: SW8-950836). XI. 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. Municipal or septic sewage disposal will be provided. II. 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 XII. 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 Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 I ?I 40 0 20 40 80 I INCH - 40 FEET WACT AREES=%= SC. Fr. 1676 ACRES IMPERVIOUS SURFACE- 2921 $0. FT. a ? ? II l ?l Il l? 1 1 I I I ?' IIIIIIIIII • II II l l? I < Il/I I/l?l Iil?Vll I/'O / II II I II? III l to I IIlII Ill II l1Il 1 1 I I/ WNE ? III IIIIIIII S It I II I lll?l/Illl/II. .I i?,l Il?l.l?? ?? LOCATION MAP - - SN'WlrE 207.4 ffW& NOT TO SCALE ?. 137.31 _ I: LOT 13 \ ol? rq' .: 19.4 ?.I'` ••L:..•, ••??•'? \ LOT 14 PROPOSED HOUSE .yam W/ S BUFFER *4 Irn LOT 12 UPLANDS 1a o.06f AC. ON F SITE: LOT 13, CARMM BEACH MU AGE DA11= MAY 17, 2006 DWQ LA•M2 813.DWO SCALE= V6W SHEEP I OF 1 'ROPOSED 10' WIDE DRIVE / LOT 9 LOT D MAY 2 4 006 LOT 10 WERJ V6sAND AT ER 7ERa Q PREPARED FOR GROUP, INC. HOMEBOY HOMES, LLC 910452-2711 SaUd Hil nv' FAMIMMWI� Annie Dr r r" -*#-- ' Ecosystem.. PROGRAM Amanda Kolb Southern Environmental Group, Inc. 5315 South College Street, Suite E Wilmington, NC 28412 May 23, 2006 Project: Carolina Beach Village: Lot 13 vcow * 2oou),31 G CPF 2-q MAY 3 0 2006 L)ENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH County: New Hanover The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP 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 NC EEP. Once NC EEP 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 0.10 0 0 0 0 0 0 03030005 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 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 Chris Mankoff at (919) 716-1921 Sincerely, William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Jennifer Frye, USACE-Wilmington Noelle Lutheran, DWQ-Wilmington Doug Huggett, DCM-Morehead City File RP.sto? ... ... Prot" our State AT- 1WENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net .......,.........? ..vuaii,,y . an --,wiuz uniuuy - %,urrent i ax Lmaiement Page 1 of 1 NEW HANOVER COUNTY TAX DEPARTMENT Real Estate Tax Records Inquiry - Current Tax Statement 6384215 2 0 0 5 T A X S T A T E M E N T TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS CB R08814-003-082-000 0 50,000 0 LEGAL LT 13 SEC 2 CAROLINA BEACH VILLAGE LOCATION 140 LIGHTHOUSE DR 13/2 1/1/05 OWNER: HOMEBOY HOMES LLC TAX DESCRIPTION RATE ASSESSED ------------ ------ ---------- CAROLINA 0.3800 190.00 NH COUNTY 0.6800 340.00 HOMEBOY HOMES LLC 7313 FISHERMAN CREEK DR WILMINGTON NC 28411 REMIT TO: NEW HANOVER CO TAX OFFICE P.O. BOX 18000 * TOTAL AMOUNT DUE 05/09/06 WILMINGTON, NC 28406 Ownership, I Real Estate Values Buildin 'SketM Prior Taxes Property map j Previous Page ? ••_•.••-.• Questions? http://www.nhcgov.com/Oasinq/0asstmt.jsp?set=RO8814-003-082-000 5/9/2006