HomeMy WebLinkAbout20180121 Ver 2_PCN Form Submission_20190321DXR -,,
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Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r, Yes
C No
Is this project a public transportation project?*
O Yes O No
Charge only if needed.
BIMS # Assigned*
Version#*
20180121
2
Is a payment required for this project?
C No payment required
What amout is owed?*
* Fee received
r $240.00
6 Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Wilmington Regional Office - (910) 796-7215 Chad Coburn:eads\cccoburn
Information for Initial Review
1a. Name of project:
Hawthorne at Pine Forest
1a. Who is the Primary Contact?*
Kim Williams
1 b. Primary Contact Email:*
kWIliams@lmgroup.net
Date Submitted
3121/2019
Nearest Body of Water
Midway Branch
Basin
Lumber
Water Classification
Q SW
Site Coordinates
Latitude:
33.973
Longitude:
-78.125
tc. Primary Contact Phone:*
(910)452-0001
A. Processing Information W
County (or Counties) where the project is located:
Brunswick
Is this project a public transportation project?*
O Yes G No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (MNP)
r- Regional General Permit (RGP)
r- Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes f No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
V 401 Water Quality Certification - Regular
r Non -404 Jurisdictional General Permit
r Individual Permit
29 - Residential Developments
1e. Is this notification solely for the record because written approval is not required?
For the record onlyfor DWR 401 Certification:
For the record only for Corps Permit:
401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application? *
C Yes G No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
G Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C Yes C No
Acceptance Letter Attachment
C Yes G No
C Yes G No
1h. Is the project located in any of NC's twenty coastal counties?
G Yes r No
11. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
C Yes E No C Unknown
tj. Is the project located in a designated trout watershed?
C Yes G No
B. Applicant Information (J
1d. Who is applying for the permit?
P Owner R_ Applicant (other than owner)
1e. Is there an AgenUConsultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Pine Forest Development Company LLC
2b. Deed book and page no.:
040001029
2c. Responsible party:
Mr. Tommy Sofield
2d. Address
Street Address
355 Industrial Park Drive
Address Line 2
city
Boone
Postal / Zip Qxde
28607
2e. Telephone Number:
(828)355-7102
2g. Email Address:*
tsofield@uscorpmaii.com
3. Applicant Information (if different from
Site / 11wh s / ftlan
NC
Country
LISA
2f. Fax Number:
3a. Name:
Mr. Edward Harrington
3b. Business Name:
Hawthorn Residential Partners
3c.Address
Street Address
806 Green Valley Road; Suite 311
Address Lrcre 2
CKY
Greensboro
Fbstal / Zip lode
27408
3d. Telephone Number:
(336)275-9511
3f. Email Address:*
eharrington@hrpliving.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(ff appropriate)
Pine Forest Plantation
1c. Nearest municipality/ town:
Southport
2. Project Identification
2a. Property Identification Number:
portion of 2030001712
2c. Project Address
Street Address
Southport -Supply Road SE
Address Line 2
CKY
Southport
Rstal / Zip Code
28461
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Midway Branch
3b. Water Resources Classification of nearest receiving water:*
C; Sw
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12 -digit HUC in which the project is located.
030402080101
4. Project Description and History
State / Province / Region
NC
tbuntry
USA
3e. Fax Number:
2b. Property size:
26.98
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project area consists of 26.98 acres of a larger (715 acres) tract. The project area is undeveloped. The site was previously used for timber production and forested areas support
mostly loblolly pines in various stages of growth. Wetlands support a mix of pines and bay species. There are several dirt logging roads that provide access throughout the site.
Adjacent land use is residential, commercial, or undeveloped and forested.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
0 Yes 0 No 0 Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
SAW -2016-02010 & DWR Project# 2018-0121
Project History Upload
401 WQC Pine Forest.pdf
NWP 14 and 12 Pine Forest.pdf
Pine Forest Plantation site plan rev 2-23-18.pdf
324.86KB
804.39KB
540.15KB
4d. Attach an 81/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Hawthorne Topo.pdf 1.5MB
4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Hawthorne Soils.pdf 2.06MB
4f. List the total estimated acreage of all existing wetlands on the property:
- 5 acres
4g. List the total estimated linear feet of all existing streams on the property:
WA
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a multi -family residential complex within this site. Wetland impacts are needed to construct a portion of a building and for parking.There is a
strong need for residential development in this area to keep pace with on-going and projected population growth in Brunswick County.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
This project includes the construction of multi -family residential development. Twelve multi -family buildings (306 units), clubhouse with fitness center and pool, maintenance shop and
dog park, access ways, parking garages, utilities, and a minimum of 1.35 acres of open space are also proposed. The project area will be cleared of vegetation and fill material will be
brought to the site to level the area of disturbance. Utilities and stormwater facilities will be installed. The units will then be constructed. Track hoe, loader, dump truck, bob cat, and
other standard construction equipment will be used.
4j. Please upload project drawings for the proposed project.
Wetland Impact Exhibit Hawthorne at Pine Forest 1lxl7.pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
G Yes C No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
C Preliminary G Approved C Not Verified C Unknown C WA
Corps AID Number:
SAW -2016-02010
5c. If 5a is ves. who delineated the jurisdictional areas?
Name (if known): Paul Farley
Agency/Consultant Company: Land Management Group
Other:
395.19KB
C Unknown
5d. List the dates of the Corp jurisdiction determination or State determination He determination was made bythe Corps or DWR
John Policarpo of the USACE issued a Preliminary JD for a 40 -acre tract on February 26, 2015 (Action ID# SAW -2015-02380). The larger tract was approved by Brad Shaver on
November 8, 2016 (Action ID# SAW -2016-02010).
5d1. Jurisdictional determination upload
Pine Forest JD.pdf 330.25KB
Novant NC 211 preliminary tearsheet.pdf 377.93KB
6. Future Project Plans
6a. Is this a phased project?*
G Yes C No
7b. If yes, explain.
The project area consists of a multi -family residential development that is part of a larger mixed-use development. Impacts proposed in this application are being considered
cumulatively with what was previously impacted in the larger development.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Previous section of mixed-use development received a NWP 14/12 and 401 WQC for road and utility crossings.
D. Proposed Impacts Inventory C"�
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
m Wetlands ❑ Streams -tributaries ❑ Buffers
❑ Open Waters 171 Pond Construction
2. Wetland Impacts
2a1 Reason(?) 2b. Impact type * M 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*M area*
1 Fill P Pine Flat WA Yes Both 0.025
(acres)
2 Fill
JP
2g. Total Temporary
Pine Flat
WA
Yes
Both
0.035
(acres)
Wetland Impact
0.000
2g. Total Wetland Impact
0.060
2g. Total Permanent Wetland Impact
0.060
2h. Comments:
The owner
of the larger tract received a MNP and 401 WQC in 2018 to permanently impact 0.371 acre of wetlands and 64 LF of stream and
temporarily impact 0.048 acre of wetlands to construct amixed-use development.
E. Impact Justification and Mitigation C^)
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant attempted to minimize impacts as much as possible during the site design. However, the location and extent of wetlands on the site
made avoidance impossible. The developer evaluated whether a building could be removed to reduce impacts, but the proforma and market study
states 12 buildings and 306 units are required to make this an economically feasible development. The building sires are based on unit count and
variety of bedroom and floor plans. Retaining walls will be used at several locations to reduce
impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A retaining wall will be used at several locations to avoid and/or reduce
impacts. A sedimentation and erosion control permit will be obtained to ensure
sediment is retained on site and stabilized during construction.
2. Compensatory
Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory
Mitigation for impacts to Waters of the U.S. or Waters of the State?
O Yes 4 No
2c. If yes, mitigation is required by (check all that apply):
❑ DWR ®Corps
2d. If yes, which mitigation option(s) will be used for this project?
m Mitigation bank [71 Payment
to in -lieu fee ❑Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Stone Farm Regional Mitigation Bank
3b. Credits Purchased/Requested (att
ach receipt and letter)
Type: Quantity:
Non -riparian wetland 0;1
Attach Receipt and/or letter
3c. Comments QO
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
O Yes d No
If no, explain why:
Site is located within the Lumber River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
C Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
C Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
M Yes C No
2d. Which of the following stormwater management program(s) apply:
V Local Government ❑ State
Local Government Stormwater Programs
Q Phase II ❑ NSW ❑ USMP )-j Water Supply
Please identifywhich local government stormwater program you are using.
Town of Oak Island
Comments:
Attached is a stormwater permit from the Town of Oak Island.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
C Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
G Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
C Yes r No
3b. If you answered "no," provide a short narrative description.
Project will not provide access or utilities to adjacent tracts. No additional wetland impacts are anticipated for the site.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes C No C NA
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Wastewater generated by this project will tie into the Brunswick County Utility system.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
M) Yes C No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
C Yes r No
5d. Is another Federal agency involved?*
C Yes C No r Unknown
5e. Is this a DOT project located within Division's 1-8?
C Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
M Yes C No
5g. Does this project involve bridge maintenance or removal?
C Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
C Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
d Yes d No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program website was used to determine the presence of federally -listed species. No federally listed species are known to
occur on or within a one -mile radius of the site. The site is part of the Boiling Spring Lakes Wetland Complex Natural Area and several state -listed
species have been documented on and within a one -mile radius of the project area. The site has been managed for timber for several decades.
Approximately half of the Phase 1 site was cleared in 2014. Forested uplands currently support a canopy of loblolly pine with a dense shrub layer
predominately consisting of loblolly pine, water oak, sweetgum, and wax myrtle. Most of the wetlands are densely vegetated with loblolly pine,
sweetgum, red maple, and gallberry. Note that the northern long-eared bat is known to occur in Brunswick County. Forested sections of the tract
support suitable roosting habitat for this species. However, no hibernacula or maternity roost trees are known to occur in Brunswick County.
Therefore, any impacts to the species from tree clearing are exempt per the 4(d) rule. No other impacts to federally -listed species are anticipated to
occur from this project.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes 4 No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOANs EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
O Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No
cultural or historical resources were noted on or near the site.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
O Yes 6 No
8c. What source(s) did you use to make the floodplain determination?*
The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain.
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
Stormwater Ol.pdf 441.19KB
Hawthorne Aerial.pdf 3.07MB
Hawthorne Vicinity.pdf 1.13MB
Signature U
m By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Kimberlee C Williams
Signature
Date
3/21/2019
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Hawthorne at Pine Forest project, located in Brunswick County, NC. All questions
regarding this project should be directed to Land Management Group.
Sincerely,
VwaJ iM•
A—+—
Applicant
Print Name
Date
Proposed
Directional
Bore
FUrUPE PHAS
E
Wer ____
WET
Stormwater Pondl
Pond
ormStwater
Pond
I
\ I
Single Family Subdivision
Stormwater Pond
Attached
Residential
(No Impacts)
Stream
PARAMOUNTE
ti ' N ' ti
122 Cinema Drive c
Wilmington, North Carolina 28403
(910) 791-6707 (0) (910) 791-6760 (F)
NC License #: C-2846
Project #: 14414.PE
I� Scale: 1" = 300'
0' 75' 150' 300'
North
rm/
\ Stormwater Pond /
I
® s\ teed L
1 1
Stormwater Pond
1 1
D �
Mixed Use /
\ o Impacts)
, /
Mixed Use
(No Impacts)
Existing Road 1 1
1\
11 1
11 1 I I
11
Stormwater Pond
Existing II I
II I11 I I
11 1
1 1 I11
Medical
Office
(No Impacts)
TlIghWaY 211
(Sourhport Su i
11/1
pPlp Road\
w�
W�
w�
�j
SITE DATA:
PHASE I SITE ACREAGE =
155 AC. +/-
PHASE I WETLAND IMPACTS =
0.371 AC.
IMPACT A =
0.037 AC.
IMPACT B =
0.052 AC.
IMPACT C =
0.102 AC.
IMPACT D =
0.01183 AC.
IMPACT E =
0.0AC.
IMPACT F =
0.149 AC.
PHASE I TEMPORARY WETLAND IMPACTS =
0.048 AC.
IMPACT G =
0.048 AC.
PHASEISTREAMIMPACTS =
64 LF
IMPACT F =
64 LF
PHASE I WETLANDS =
51.246 AC.
PHASE I STREAMS =
4,623 LF
LEGEND:
Jurisdictional Wetland Impacts
Non -Jurisdictional Wetland Impacts
Temporary Construction Wetland Impact
Stream
Wetland Impact Map (Phase I)
Pine Forest Plantation
Town of Oak Island, North Carolina
Date: 02.15.2018
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Boundaries are approximate and not meant to be absolute. 0 200 400 800
Map Source: 2016 NC OneMap A Feet
Hawthorne at Pine Forest
Brunswick County, NC
March 2019
LMG # 19.056
4PLMG
LAND MANAGEMENT GROUP
a DAVEY. company
3805 Wrightsville Avenue
Wilmington, NC 28403
(910) 452-0001
Figure 4
2016 Aerial Photograph
N
Boundaries are approximate and not meant to be absolute. 0 250 500 1,000
Map Source: NRCS Soil Survev GIS Data A Feet
Hawthorne at Pine Forest
Brunswick County, NC
March 2019
LMG # 19.056
ZiLMG
LAND MANAGEMENT GROUP
a DAVEY. company
3805 Wrightsville Avenue
Wilmington, NC 28403
(910) 452-0001
Figure 3
Soil Survey Map
N
Boundaries are approximate and not meant to be absolute. 0 250 500 1,000
Map Source: Brunswick County Topographic Mosaic Feet
Hawthorne at Pine Forest Brunswick County, NC 4LMG
Figure 2
LAND MANAGEMENT GROUP Topographic Map
March 2019 a DAVEYM company
3805 Wrightsville Avenue
LMG # 19.056 Wilmington, NC 28403
(910) 452-0001
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Map Source: ArcGIS World Street Map Mlles
Hawthorne at Pine Forest 4LMG
Brunswick County, NC
Figure 1
LAND MANAGEMENT GROUP
a DAVEYVicinity Map
. company
March 2019 3805 Wrightsville Avenue
LMG # 19.056 Wilmington, NC 28403
(910) 452-0001
DocuSign Envelope ID: A688D1 86-7AD3-4999-9119-D841 D1 122E7F
s
Water Resources
Environmental Quality
March 13, 2018
Equity Investments Associates, LLC
Mr. Tommy Sofield
355 Industrial Park Drive
Boone, NC 28607
Subject Property: Pine Forest Plantation
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Brunswick County
DWR Project: 2018-0121
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Sofield,
You have our approval, in accordance with the attached conditions and those listed below, to
permanently impact 0.439 acres of 404 wetlands, to temporarily impacts 0.048 acres of 404
wetlands, and to permanently impact 64 linear feet of stream in order to construct a mixed use
development as described in your application received by the N.C. Division of Water Resources
(DWR) on January 24, 2018. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Numbers 4133 (GC4133) and 4135 (GC4135).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
http://portal.ncdenr.org/web/wq/swp/ws/40 I/certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval leter w.d Ggneral Certification and is responsible for complying
Not ilng ompares7_�
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
DocuSign Envelope ID: A688D1 86-7AD3-4999-9119-D841 D1 122E7F
Pine Forest Plantation
Brunswick County
2018-0121
Page 2 of 4
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name 115A NCAC 02H .0501 and .0502}.
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213 .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or achieved
use, or that State or Federal law is being violated, or that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]
DocuSign Envelope ID: A688D1 86-7AD3-4999-9119-D841 D1 122E7F
Pine Forest Plantation
Brunswick County
2018-0121
Page 3 of 4
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [ 15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10. 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 and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://portal.ncdenr.or web/wq/swp/ws/401/certsandpennits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
hqp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed
with the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays).
DocuSign Envelope ID: A688D1 86-7AD3-4999-9119-D841 D1 122E7F
Pine Forest Plantation
Brunswick County
2018-0121
Page 4 of 4
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at (910)796-7379 or Chad. Cobumkncdenr. gov.
Sincerely, DocuSigned by:
EmEMBAUACMC434...
Morella Sanchez -King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4133, GC4135
cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Brennan Dooley - USACE Wilmington Regulatory Field Office
WiRO/LF
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-02380 County: Brunswick U.S.G.S. Quad: Southport
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owners: Equity Investments
c/o Tommy Sofield
355 Industrial Park Drive
Boone, North Carolina 28607
Agent: Paul Farley
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Size (acres) 40 -acres
Nearest Waterway River Swamp
USGS HUC 03040207
Nearest TownBolivia
River Basin Lumber
Coordinates Latitude: 33.9704 N
Longitude: -78.1192 W
Location description: The proAect area is located on the north side of State Highway 211 (Portion of Parcel
No. 20300017). approximately 0.59 -miles east of Midwal Road SE. in Bolivia Brunswick County, North
Carolina. The project area consists of approximately 40 -acres of undeveloped forested land with an internal
roadway. TheproAect area is bordered by undeveloped, forested land to the north and east, undeveloped,
forested land and commercial properties to the west, and State HiLyhwav 211 to the south.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described property, as depicted on the attached
exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary
jurisdictional determination may be used in the permit evaluation process, including determining compensatory
mitigation. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
There are waters of the U.S. including wetlands on the above described property subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated.
Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this
wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant.
To be considered final, any delineation must be verified by the Corps.
Page 1 of 2
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has
been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this
survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate
depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the
law or our published regulations, may be relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on
the plat identified below. Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Wilmington, NC, at (910) 796-7215 to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact John N. Policarpo at
910-251-4487 or John.N.PolicarpoC&usace.army.mil.
C. Basis for Determination: Portions of this site may exhibit wetland criteria as described in the 1987
Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. This
determination is based on a site visit conducted by John N. Policar o of the Corps on Januaa 7 2016.
The enclosed figure titled "Figure 7 Preliminary Upland/Wetland Sketch Crane Ba /H 211
Brunswick Coun NC" dated October 2015 accurately depicts the approximate extent of on-site
waters of the U.S. including wetlands which may be 'urisdictional under Section 404 of the Clean Water
Act.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If
you request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * * A
Corps Regulatory Official:
Date: February 25, 2016
Expiration Date: February 25, 2021,
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://rcgulato!y.usacesurvey.com/.
NOTE: This is not a survey. This map is for preliminary planning purposes only. Findings are based
upon a review of available aerial photography and limited ground-truthing. Lines depicted on the map
are approximate based upon preliminary field sketches and do not represent distinct boundaries.
A formal delineation with US Army Corps of Engineers review and approval Is recommended prior
to specific site planning, Property boundaries are based upon available tax parcel information.
wls-yMri
g�df
r4`
1di
Flagged wetlands (pending review and approval
_ by the U.S. Army Corps of Engineers -- 13.6 ac or 34%
Areas considered to be uplands - 26.4 ac or 66%
........ RPW/Dilch- relatively permanent waters -469 -linear leet
- - Din road
-ftu darlEYS are approximate and are not meant to be absolute.
Map Source: 2012 NC OneMapAerial Photography
I-NVETLAND512015\01-15246 Crane Bay 21....\datapackage...\mapset.cdr
SCALE 1" = 200'
(when printed at 11"x17")
Sy .
Crane Bay/Hwy 211 LMG
..rYrv. Figure 7
Brunswick County, NC
www.lmerouo.net Preliminary
October 2015 380SWrightsville Avenue Upland/WetlandSketch
LMG # 01 r 2016 Wilmington, INC 26403
Phone: 910..452.0001 Fax: 910.452.0060
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-02010 County: Brunswick County U.S.G.S. Quad: Southport
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Tommy Sofield
Equity Investments Associates LLC
Address: 355 Industrial Park Drive
Boone NC, 28607
Telephone Number:
Size (acres) Nearest Town
Nearest Waterway River Swamp River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.9797871315836
Longitude: -78.1233949277509
Location description: The proiect area is located on the north side of Highway 211, west of Midway Road, in Bolivia,
Brunswick County, NC.
Description of projects area and activity: This verification authorizes, 0.371 acre of permanent wetland impacts, 0.048 acre of
temporary wetland impacts and 64 linear feet of permanent stream impact for the construction of access ways and utilities
associated with phase 1 of a mixed use development to be called Pine Forest Plantation.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 12 and NWP 14
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information received by this office 1/17/18 and additional information
received by this office on 2/23/18. Any violation of the attached conditions or deviation from your submitted plans may subject
the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brennan Dooley at (910) 251-4694 or Brennan.J.Dooley(&usace.armv.mil.
DOOLEY.BRENNAN.JOHN.15 p a,o'6sa
Corps Regulatory Official: 12992613 -,11 NANJ0"N.1512 6 3
Date: April 9, 2018
Expiration Date of Verification: March 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smapu.usace.g,M.mil/cm_apex/f?p=136:4:0.
SAW -2016-02010
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit authorization.
Action ID Number: SAW -2016-02010 County: Brunswick County
Permittee: Tommy Sofield
Equity Investments Associates LLC
Project Name: Pine Forest Plantation Equity Investments Associates LLC
Date Verification Issued: April 9, 2018
Project Manager: Brennan Dooley
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Brennan Dooley
69 Darlington Avenue
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-02010 County: Brunswick U.S.G.S. Quad: Southport
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Equity Investments Associates, LLC. Agent: Land Manaeement Group, Inc.
Attn: Tommy Sofield attn: Corey Novak
Address: 355 Industrial Park Drive 3805 Wrightsville Ave, Suite 15
Boone, NC 28607 Wilmington, NC 28403
Phone No. (910) 452-0001
Property description:
Size (acres)
Nearest Waterway
USGS HUC
503.1
UT to River Swamp
03040208
Nearest Town Bolivia
River Basin Cape Fear River Basin
Coordinates N 33.9799 W -78.1225
Location description: The project area is located on the north side of Highway 211 west of Midway Road in Bolivia
Brunswick Count North Carolina. Parcel ID is 1870000201 and portions of 18700023 and 2030001.7.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area.
We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33
CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district
for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the
JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
X There are waters of the U.S. includin wetlands on the above described oroject area subject to the permit
re uirements of Section 404 of the Clean Water Act CWA 33 USC § 1348. Unless there is a change in the law or
our published regulations, this determination may be relied upon fora period not to exceed five years from the date
of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your proiect area have been delineated and the delineation has been
verified by the Corps. We strongly suggest -you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by the Corps. Once verified this survey will provide an accurate de fiction of all
areas sub'ect to CWA jurisdiction on your property whichprovided there is no change in the law or our published
regulations, may be relied upon fora period not to exceed five years.
The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management
Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Brad Shaver at (910) 251-4611.
C. Basis For Determination
This determination is based on information provided by LMC, Inc. and a site visit conducted by John Policarpo on
September 8, 2016.
D. Remarks: Please be aware that this property contains non -jurisdictional, isolated wetlands. Please contact the
North Carolina Division of Water Quality at (919) 733-1786 to discuss the State's regulations and requirements for
these waters. It was determined that these wetlands are not bordering, neighboring or contiguous with any Section 404
iurisdictional waters.
Also, please reference the attached "Post CCE Meeting, Approved UplaodMetland Sketch".
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OMI 5
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by January 7, 2017.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: ij&mal pit T0111i Qve-I I4apo,
Date: 11/8/2016
Expiration Date: 11/8/2021
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit http://per2.n)W.usace.army.mil/survey to
complete the survey online.
Noggeo wallanas IpenaN FQVl0w and appFOV0
by the US. Army Corps of Lnon"rs - loisg;iL=
_.. _.._
Potential Waters of the US (relatively permanent
waters(- I.ISO-linear loaf
-------- Potential non-)urlsdictlonal ditches - 11.950 -linear to
Data Point Locations
L;\W ETLA N DS\2016\03-16-269\Maps\Pine FomslPlan tation_Mapset
`Boundaries are approximate and are not meant to be absolute.
Map Source: 2014 GIS World Imagery
ra l
SCALE 1" = 800'
(when printed at 11'x17')
Pine Forest Plantation
LMG
Brunswick County, NC
=M`a°°``
Post COE Meeting
www.lmerouo.net
Approved
September 2016
3805 Wrightsville Avenue
Upland/Wetland Sketch
LMG # 03-16-269
Wilmington, NC 28403
Phone: 910.452.0001 Fax: 910.4520060