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HomeMy WebLinkAbout20050492 Ver 1_Complete File_20050321Q-z F o S- o ?} q a. LQ-Z ? Permit Class Permit Number NEW 136-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and _ Coastal Resources Commission _ 'I v. a. for SEP 1 2 2005 X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 VETtatiDSANDS WATER ER RANCH Excavation and/or filling pursuant to, NCGS.113-229 Issued to Clear Water' Ventures,°309 Middle Street Suite 3, New Bern, NC 28560 Authorizing development in Beaufort County a Peterson Creek, 362 Potter Road ,as requested in the permittee's application (NIP-1) dated 5/16/05. (MP-2 dated 8/24/05, and (MP-4) dated 4/27/05, including the attached workplan drawings (2), 1 dated 11/22/04 and 1 dated received 8/31/05 This permit, issued on September 6, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Y Docking Facility 1) Unless specifically altered herein, this permit authorizes construction of 4 new finger piers, 12 mooring pilings, a walkway around the existing boat basin and the refurbishing of the existing boat ramp all depicted in the attached permit application and workplan drawings. 2) All material resulting from the removal of the existing piers shall be placed on an approved upland disposal site. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles-8. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Clear Water Ventures ADDITIONAL CONDITIONS Permit #136-05 Page 2 of 3 3) This permit authorizes only the docks, piers, and other structures and uses located in or over the water, that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using docking . facility. 4 .-Apy sewage discharge at the, docking facility shall be considered; g v2Qlati6 Of permit for IS theKperiniftee'is resporistble: `This proliib Lion shall be applied? and enfore All roug the entire existence of the permitted structure. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 9) This permit authorizes a maximum of eight (8) boat slips as referenced in the attached workplan drawing dated 11/22/04. Boatramp 10) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 11) Excavation and ground disturbing activities above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawing. Shoreline Stabilization 12) The (2) boatramp retaining walls shall be structurally tight so as to prevent seepage of backfill materials through the structure. PW Clear Water Ventures ADDITIONAL CONDITIONS General Permit #136-05 Page 3 of 3 13) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, ,without expense to the United States or the ;state of North Carolina. , No claim shall beli made' against the 'United States 'or the state of -North Carolina on account :w of any `such''einoval alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to the commencement of any such activity for this determination. The permittee is further advised that the Tar/Pamlico Basin buffer rules of the Environment Management Commission prohibit many non-water dependent activities within 50 feet of the normal water level. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051006. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE Action Id. No. 200511119), which was issued on 8/30/05. Qom` y y- LS S U-Q1 Vs -- 13 Permit Class NTEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission IV% 'r t ert ',V,.,4,' Permit Number 134-05 RD r__11% for SEP 1 2 2005 X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 C CNN -W1'ATER QUALITY VVETLANDSArkipS7CRMWk*E BRANCH Issued to Joseph and Marianne Barker, 630 Edgerton Drive, New Bern, NC 28562 Authorizing development in Craven County at Neuse River, 630 Edgerton Drive, New Bern , as requested in the permittee's application dated (MP-1, MP-2 & MP-4) dated 3/15/05 & (MP-3) dated 7/5/05, including the attached workplan drawings (2), dated 3/15/05 This permit, issued on September 7, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes a maximum of 4 total boat slips. At no time shall more than 4 vessels be docked or moored at this facility without permit modification. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over, public trust waters without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. .?-.? L 1 Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Joseph and Marianne Barker Permit #134-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he 'abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Shoreline Stabilization 8) The riprap shall not extend waterward more than 5 feet from the normal water level at any point along its alignment at the time of construction. 9) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent its movement from the site by wave or current action. 10) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. Upland Retaining Wall 11) The alignment of the permitted retaining wall shall be located as depicted in the attached workplan drawing labeled 1 of 2 and dated 3/15/05. 12) All disturbed areas shall be provided a ground cover sufficient to restrain erosion within thirty days of project completion. 13) The retaining wall shall be constructed prior to any backfilling activities. 14) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. Joseph and Marianne Barker Permit #134-05 Page 3 of 3 ADDITIONAL CONDITIONS 15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the retaining wall cap immediately following completion of backfilling activities. 16) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation or other land disturbing activities is permitted except for that which shall be required,for the construction of the retaining wally deadmen cables, etc:' 17) The backfill material shall be clean and free of any pollutants except in trace quantities. 1.8) All backfill material shall be obtained from a high ground source. General 19) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 20) All development within 50 feet of the normal water level shall be consistent with Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. 21) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051323. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 198000291 (COE Action Id. No. 200511596) which was issued on 8/25/05. a-c f ® S -- I0 5 fl ? .ems Permit Class Permit Number NEW 112-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission P 11 ®` 9 i for SEP 1 2 2005 X Major Development in an Area of Environmental C??- WATER QUAL ? , pursuant to NCGS 113A-118 WERAINDSANDSTOR.? 4'&rERehArV?ti Excavation and/or Filling :pursuant to NCGS J 13 229 y - , p Issued to Town of Swansboro, 502 Church Street, Swansboro. NC 28584 Authorizing development in Onslow County at White Oak River, Hwy 24, Swansboro as requested in the permittee's application (MP-1 and MP-2) dated 4/1/05 and (MP-3 and MP-4) dated 5/16/05, including the attached workplan drawings (3) dated 5/16/05 This permit, issued on Sentemh.er 6, 2005 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockwalk 1) This permit authorizes only the dockwalk, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this dockwalk facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Ch es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. r F Town of Swansboro Permit #112-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) The Town of Swansboro shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons the permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Upland Development 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Town of Swansboro ADDITIONAL CONDITIONS Permit #112-05 Page 3 of 3 NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 051050. 4 NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500900. w WA r O `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 19, 2005 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-0492 Beaufort County Mr. Hood L. Richardson, P.E. Hood Richardson, PA 110 West Second Street Washington, NC 27889 Subject Property: Lot 10, Goose Creek Landing Subdivision SR 1901 Aurora, NC Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Richardson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.03 acres of wetlands 24 linear feet of streams for the purpose of providing driveway access to Lot 10 at the subject property, as described within your application dated March 17, 2005 and received by the N.C. Division of Water Quality (DWQ) on March 12, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) NW 18 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps of Engineers (USACE). 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 other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 /FAX 919.733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands Nose Carolina Natura!!ry Hood Richardson, PA: Page 2 of 3 July 19, 2005: The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 24 (feet) PCN 404/CAMA Wetlands 0.03 (acres) PCN 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored Hood Richardson, PA: Page 3 of 3 July 19, 2005: within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699.-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If, you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946- 6481. Sincerely, AWK/ijm Alan W. Klimek, P.E. Enclosures: GC 3402 Certificate of Completion cc: USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 050492C1earwaterV entures_GoosecreekSD(B eaufort)401 HOOD RICHARDSON, PA Engineers-Surveyors-Geologist 110 West Second Street Washington, North Carolina 27889 252-975-3472 July 13, 2005 CERTIFIED MAIL: 7003 3110 0002 0581 7451 Cyndi Karoly, Supervisor 410 Oversight/Express Review Permits Unit 1650 Mail Services Center Raleigh, NC 27699-1650 RE: Lot 10, Goose Creek Landing Subdivision, SR1901, Aurora, NC DWQ Project #05-0492 Beaufort County Dear Ms. Karoly, The U. S. Army Corps of Engineers (USACE) issued a Nationwide 18 Permit for this project. We prefer to use the Nationwide 18 Permit for this project. Hood L. Richardson, PE Qf= f;zk?oe?p JUL 1 4 2005 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH O -(A W ATFgPG Michael F. Easley, Governor y William G. Ross Jr., Secretary t- North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality July 8, 2005 DWQ Project # 05-0492 Beaufort County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Clearwater Ventures, LLC 309 Middle Street, Suite 3 (?," ?'.?gl D New Bern, NC 27560 Subject Property: Lot 10, Goose Creek Landing Subdivision JUL 1 .4 2005 SR 1901 DENR - WATER QUALITy Aurora, NC WETLAW MD ST0WWATER BRANCH REQUEST FOR MORE INFORMATION Ladies and Gentlemen: On March 21, 2005, the Division of Water Quality (DWQ) received your application dated March 17, 2005 to impact 0.03 acres of wetlands and 24 feet of streams to,according to your application," install (a) culvert in (an) existing ditch for driveway access". On May 11, 2005, we sent correspondence to you requesting additional information to process your 401 Certification. On June 1, 2005, we received additional information from you. However, the DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 211.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Water Quality Certification You have proposed impacts to streams and wetianas, and, have indicated on your application that you are applying for a Nationwide 14 Perr>ait, however,'. the USACOE Jurisdictional Determination you provided to us was for a Nationwide 33 Permit. Please state which permit and certification you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to use. Please state which Permit (Nationwide, Regional or General) number you intend to use. I have attached copies of the General Certifications 3404 (matches USACOE NWP 14) and 3402 (matches USACOE NWP 18). Please respond within three weeks of the date of this letter by sending this information to me in writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands One NoAhCarolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper /? Clearwater Ventures, LLC: Page 2 of 2 July 8, 2005: This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBK/ijm Enclosures: GC3402, GC3404 cc: Hood Richardson, P.A., 110 West Second Street, Washington, NC, 27889 Tom Steffens, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 050492ClearwaterVentures_GoosecreekSD(Beaufort)OnHold_MoreInfo 0F W'4rF?j Michael F. Easley, Governor Q ? William G. Ross Jr., Secretary co r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 8, 2005 DWQ Project # 05-0492 Beaufort County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Clearwater Ventures, LLC 309 Middle Street, Suite 3 New Bern, NC 27560 Subject Property: Lot 10, Goose Creek Landing Subdivision SR 1901 Aurora, NC REQUEST FOR MORE INFORMATION Ladies and Gentlemen: On March 21, 2005, the Division of Water Quality (DWQ) received your application dated March 17, 2005 to impact 0.03 acres of wetlands and 24 feet of streams to, according to your application," install (a) culvert in (an) existing ditch for driveway access". On May 11, 2005, we sent correspondence to you requesting additional information to process your 401 Certification. On June 1, 2005, we received additional information from you. However, the DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Water Quality Certification You have proposed impacts to streams and wetlands, and have indicated on your application that you are applying for a Nationwide 14 Permit, however, the USACOE Jurisdictional Determination you provided to us was for a Nationwide 18 Permit. Please state which permit and certification you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to use. Please state which Permit (Nationwide, Regional or General) number you intend to use. I have attached copies of the General Certifications 3404 (matches USACOE NWP 14) and 3402 (matches USACOE NWP 18). Please respond within three weeks of the date of this letter by sending this information to me in writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 OversightlExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-68931 Internet: httr)://h2o.enr.state.nc.us/ncwetlands NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Clearwater Ventures, LLC: Page 2 of 2 July 8, 2005: This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBKlijm Enclosures: GC3402, GC3404 cc: Hood Richardson, P.A., 110 West Second Street, Washington, NC, 27889 Tom Steffens, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 050492C1earwaterVentures_GoosecreekSD(Beaufort)OnHold_Morelnfo 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 213.0200. 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-11 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; 2. 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 213.0200. 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; 3. 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), 2B.0213 (WS-II), 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 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 (WS), trout waters Jr), 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, HQW, 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; 7. 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; 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 hftp://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 WQC #3404 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES) 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 2B .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) (14) of the Corps of Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of activities shall include any fill activity for road crossings and is limited to fill less than one-third acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re- authorizes Nationwide Permit 14 or Regional General Permit 198200031 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, 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. 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, 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 #3404 • Lakes and Ponds - Lake and Pond Impacts Enumeration- 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; 2. Proposed fill or substantial modification of wetlands or waters (including streams) under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 3. Application to and payment of a fee to DWQ is not required for construction of a driveway to a single family lot as long as the driveway impacts less than 25 feet of stream channel including any in-stream stabilization needed for the crossing; 4. 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 26.0200. 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; 5. 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-II), 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 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; 6. 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 (WS), trout waters Jr), 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. WQC #3404 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. 7. 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, HQW, 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; 8. 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 project also requires a CAMA Permit, one payment to both agencies shall be submitted through the Division of Coastal Management 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 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 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. Projects may also be implemented once payment is made to a private mitigation bank or other in-lieu fee program, as specified in the written concurrence of 401 Certification for a project. 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; WQC #3404 10. 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, 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 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; 11. 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; 12. 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; 13. 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; 14. 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; 15. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 16. 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; 17. 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 WQC #3404 Certifications. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 18. 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; 19. 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 14 or Regional General Permit 198200031, whichever is sooner. 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 # 3404 OF WA?F9 Michael F. Easley, Governor p ? 0 ( ? ' r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 8, 2005 DWQ Project # 05-0492 Beaufort County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Clearwater Ventures, LLC 309 Middle Street, Suite 3 New Bern, NC 27560 Subject Property: Lot 10, Goose Creek Landing Subdivision SR 1901 Aurora, NC REQUEST FOR MORE INFORMATION Ladies and Gentlemen: On March 21, 2005, the Division of Water Quality (DWQ) received your application dated March 17, 2005 to impact 0.03 acres of wetlands and 24 feet of streams to,\,according to your application," install (a) culvert in (an) existing ditch for driveway access". On May 11, 005, we sent correspondence to you requesting additional information to process your 401 Certification. On June 1, 2005, we received additional information from you. However, the DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Water Quality Certification You have proposed impacts to streams and wetlands, and have indicated on your application that you are applying for a Nationwide 14 Permit, however, the USACOE Jurisdictional Determination you provided to us was for a Nationwide 18 Permit. Please state which permit and certification you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to use. Please state which Permit (Nationwide, Regional or General) number you intend to use. I have attached copies of the General Certifications 3404 (matches USACOE NWP 14) and 3402 (matches USACOE NWP 18). Please respond within three weeks of the date of this letter by sending this information to me in writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786 / FAX 919.733.6693 / Internet: http://h2o.enr.state.nc.us/ncwetlands NorthCarolina Natrrra!!rm An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Clearwater Ventures, LLC: Page 2 of 2 July 8, 2005: This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Fv- ) Cyndi Karoly, Supervisor 401 Oversight/Express Review Permits Unit CBKlijm Enclosures: GC3402, GC3404 cc: Hood Richardson, P.A., 110 West Second Street, Washington, NC, 27889 Tom Steffens, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 050492C1earwaterVentures_Goos?creekSD(Beaufort)OnHold_MoreInfo [Fwd: DWQ Project #05-0492 Goose Creek Subdivision] Subject: [Fwd: DWQ Project #05-0492 Goose Creek Subdivision] From: Cyndi Karoly <cyndi.karoly@ncmail.net> Date: Tue, 05 Jul 2005 12:33:24 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net> please handle Subject: DWQ Project #05-0492 Goose Creek Subdivision From: "Boyd, Emily" <BoydE@MAIL.ECU.EDU> Date: Fri, 1 Jul 2005 16:30:56 -0400 To: <cyndi.karoly@ncmail.net> .10^ Ms. Karoly, I have been unable to find Project #05-0492 on the BIMS list of Pending Permits. Is there another source of information for the 401 Wetlands pending permits?? The Owner/Facility name is Clearwater Ventures, LLC. Thank you for any information you can give me. E.Boyd HRichardson, PA. Content-Type: message/rfc822 DWQ Project #05-0492 Goose Creek Subdivision Content-Encoding: 7bit 1 of 1 7/5/2005 12:34 PM 401 comments I hope Subject: 401 comments I hope From: Tom Steffens <Tom.Steffens@ncmail.net> Date: Fri, 01 Jul 2005 06:57:34 -0400 To: ian <Ian.Mcmillan@ncmail.net> CC: Laurie Dennison <laurie.j.dennison@ncmail.net> the following have been entered into BIMS...I Ill be in your office this morning to see if they did and to say hello. BIMS proj 4 County Applicant review d type reg rec comment 20050918 Pasquotank Albert and Beatrice Wageli 30-Jun dcm maj 23-May Issue nc 120050900 Washington Leonard Small, Phelps Farm Bulkheading 30-Jun dcm maj 20-May Issue nc 20051006 Beaufort Clearwater Marketing Inc 30-Jun dcm maj 1-Jun Issue nc 20050492 Beaufort Clearwater Ventures LLc 30-Jun nw18 25-May Issue nc 20050962 Pamlico Windmill Pointe 30-Jin dcm maj 14-Jun Issue w/cond that applicant not build rock roam behind rip rap. 20050943 Dare Elliot Tod Gaskill 30-Jun\ nw18 14-Jun Issue nc toms 1of1 7/1/2005 7:23 AM .- U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200511014 County: Beaufort USGS Quad: Lowland GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Clearwater Ventures LLC c/o Mr. Hood Richardson Address: Hood Richardson, P.A. 110 West Second Street Washington, NC 27889 Telephone No.: 252-975-3472 Size and location of property (water body, road name/number, town, etc.): An approximate 1.28 acre Description of projects area and activity: This permit authorizes the applicant to fill 0.03 acres of Department of the Army jurisdictional wetlands to facilitate construction of an access road. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide and Special conditions, the attached North Carolina Wildlife Resources Commission conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide 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 permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide 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 Quality (telephone (919) 733-1786) to deternune Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area "L' Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management 11? VV6 • %k' 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 Scott Jones at (252) 975-1616 extension 27. Corps, Regulatory Official Scott Jones ?alf Date: 05/23/2005 Expiration Date of Verification: 03/18/2007 r -2- Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? 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. Thee are waters of the US and/or wetlands within the above described project area 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. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _ Action ID of Jurisdictional Determination: Corps Regulatory Official: Date 05/23/2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Z Permit Number: 200511014 Permit "Type: NW 18 Name of County: Beaufort Name of Permittee: Clearwater Ventures LLC Date of Issuance: 05/23/2005 Project'Manager: Scott Jones 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: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 'Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 3 8/13/04 DISTRICT OFFICE: CESAW-RG-W FILE NUMBER: 200511014 JURISDICTIONAL DETERMINATION Revised U.S. Army Corps of Engineers PROJECT LOCATION INFORMATION: State: NC County: Beaufort Center coordinates of site (latitude/longitude): 35.321786 -76.622968 Approximate size of area (parcel) reviewed, including uplands: 1.28 acres acres. Name of nearest waterway: Goose Creek Name of watershed: Tar-Pamlico JURISDICTIONAL DETERMINATION Completed: Desktop determination Date: Site visit(s) Date(s): 03/01/2005 Jurisdictional Determination (JD): ? Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: 13 There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: approximately 0.75 acres. There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area. Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": fq The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. (2) The presence of interstate waters including interstate wetlands. (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ? (i) which are or could be used by interstate or foreign travelers for, recreational or other purposes. ? (ii) from which fish or shellfish are or could betaken and sold in interstate or foreign commerce. ? (iii) which are or could be used for industrial purposes by industries in interstate commerce. (4) Impoundments of waters otherwise defined as waters of the US. ? (5) The presence of a tributary to a water identified in (1) - (4) above. (6) The presence of territorial seas. Z (7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e.', discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. If B(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to Gosse Creek, a tributary of the Pamlico River. Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) Ordinary High Water Mark indicated by: High Tide Line indicated by: ? clear, natural line impressed on the bank ? oil or scum line along shore objects the presence of litter and debris ? fine shell or debris deposits (foreshore) j] changes in the character of soil ? physical markings/characteristics destruction of terrestrial vegetation Q tidal gages [( shelving ? other: R1 other: [( Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Hood Richardson P. A. Basis For Not Asserting Jurisdiction: [ The reviewed area consists entirely of uplands. Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(x)(3). ;The Corps has made a case-specific determination that the following waters present on the site are not Waters of the ;United States: ? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ? Artificially irrigated areas, which would revert to upland if the irrigation ceased. ? Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ? Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ? Isolated, intrastate wetland with no nexus to interstate commerce. ? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ? Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): Maps, plans, plots or plat submitted by or on behalf of the applicant. Data sheets prepared/submitted by or on behalf of the applicant. ® This office concurs with the delineation report, dated 05/02/2005, prepared by (company): Hood Richardson P.A. ? This office does not concur with the delineation report, dated prepared by (company): Data sheets prepared by the Corps. E Corps' navigable waters' studies: [] U.S. Geological Survey Hydrologic Atlas: Z U.S. Geological Survey 7.5 Minute Topographic maps: Lowland [] U.S. Geological Survey 7.5 Minute Historic quadrangles: [] U.S. Geological Survey 15 Minute Historic quadrangles: USDA Natural Resources Conservation Service Soil Survey: Beaufort County National wetlands inventory maps: State/Local wetland inventory maps: 0 FEMA/FIRM maps, (Map Name & Date): ? 100-year Floodplain Elevation is: (NGVD) Aerial Photographs (Name & Date): CESAW Other photographs (Date): [[[]]] Advanced Identification Wetland maps: Site visit/determination conducted on: 03/01/2005 Applicable/supporting case law: Other information (please specify): Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). 2The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. Ap plicant: Clearwater Ventures, LLC File Number: 200511014 Date:05/23/2005 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION s; E cwlce F?. A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. '',If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the, permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit haP determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by? the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. 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. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons 'for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may addanew information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Scott Jones, Project Manager Mr. Michael Bell, Administrative Appeal Review Officer CESAW-RG-W CESAD-ET-CO-R Post Office Boat 1000 U.S. Army Corps of Engineers, South Atlantic Division Washpngton, North Carolina 27889 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Sign tine of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 LOA ©2 x 5.42' §1y O? x I.24 LOT 11 y K wa.r4 AFT i NV"x LOT 10 I 30 0 30. DO . 90 I I i MAGWtIC D.B. 915 P. M 1 1 `I X 4.78' BM: 1929 DATUM TOP OF CONCRETE FLOOR UNDER DWELLING ON LOT 11. ELEVATION 4.74' 6A0 , x 4.57' NOTE It SET CULVE1115 ON lY x S WIDE WASHED STONE SM x sr 1 R19otr sr D.B. ri; P. SSB 14 ?ti 1f U' 1 0 NEW SIG Prr. COHIROL 4,29, 1 O POINT. CONMOL 1 ® POWER POLE .? LOT(q) 1 ,IT'101, XELEVA,NM 1 ,. ??N r j2.• 0 nmsH 9 GRAM ?-7 .? _ ¢¢¢ O,Qy G, ZL /? _ rI ` o E ASPHALT • - ? -ih- wA1ER t1NE .1 /• 1?jA?.l??' ?" wr1re G 404 WETLANDS FLAG G ? E/iP REVISED 03/14/05 - BUFFERS a REVISED 02/14/05 - LOT 10 WETLAND rem PNE,ICD R7 CUL DE SAC GRAY COME DRIVE ![ ?'•' GOOSE CREEK LANDING SUBDIVISION CULVERT LENDTIES: (BN''LI m n.ARED ENDS) CULNRT At 93' 1S' CLASS 2 CCNCREIE PIPL / LONG ACRE TOWNSHIP BGUFORT COUNTY CULVERT St 24' 16. CLASS 2 OONCRETE pIPE, p W NORTH CAROLINA CULVERT C: 24' 15x CLASS 2 OONORE E PNE 1P I SCALE.. I'. 30• SURVEY DATE: NOVEMBER 22. 2004 9 SIrWLY[D 9W 1190D NOIeA01914 PA Ito xm 5xo elncn n1o?(ui) naaiii 1-007- 3 T 2 Clearwater Ventures LLC Beaufort County Action ID 200511014 35.321786 -76.622968 ` T Haar. (?? I Clearwater[Ventures 05-0492 Subject: Clearwater Ventures 05-0492 From: Debbie Edwards <debbie.edwards@ncmail.net> Date: Tue, 07 Jun 2005 10:25:48 -0400 To: Tom Steffens <Tom:Steffens@ncmail.net>, Kyle Barnes <Kyle.Barnes@ncmail.net> CC: Cyndi Karoly <cyndi.karoly@ncmail.net>, Ian McMillan <1an.McMillan@ncmail.net>, Bev Strickland <bev.strickland@ncmail.net> TOM/Kyle, We received the additional information that you requested here on June 1, 2005. Unfortunately it made it into the triage pit and was reviewed by staff and recommended to be issued. Thankfully, Bev had some questions and wanted me to review and I do not believe its ready to be issued. Also, since it was originally placed on hold by the region I would like your opinion on the newly received information. My biggest concern is that they received a NW 18 from the USACOE and are requesting a NW14 from us.... I think the riparian buffer issues maybe clarified because the large road/cul-de-sac is existing (at least it seems that way according to the map). When you guys have time (LOL), would you review and put comments on filemaker to add any additional issues you may have to the "on hold" letter I would like to send. !Cyndi/Ian-I hope I have not overstepped my boundaries here but I spent some time reviewing initially and again with the new information and thought I could help out. Debbie Deborah Edwards Environmental Specialist III 401/Wetlands Unit 12321 Crabtree Blvd. Raleigh„ NC 27604 (919) 733-9502 1 of 1 6!7/2005 3:00 PM MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBjJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Clearwater Ventures ~ Goose Creek SID Project Number, 05 0492 Recvfi From APP Received Dat? 3121105 Recvd By Region Pr0Je Type' Culvert-driveway aecess & cul de sac County Beaufort County2 Region Washington Certificates Stream Permit Wetland. Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. TV14 OTH O Y _0N F_ ?9-33 s N HQwNS 30 307. 0.03 ?- I x--- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Provided by Region: Latitude (ddmmss) 351852 Comments: Recommendation: O Issue O Issue/Cond O Deny Longitude (ddmmss) 763718 cc: Regional Office Central Office Page Number 1 (252) 975-3472 HOOD RICHARDSON, PA Engineers - Surveyors - Geologists 110 West Second Street Washington,, North Carolina 27889 May 24, 2005 Ms. Cyndi Karoly Certified Mail: 7003 3110 0002 0581 7345 410 Oversight/Express Permitting Unit Division of Water Quality NC Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Mr. Tom Stephans Certified Mail: 7001 1140 0002 5877 7343 Division of Water Quality ry NCDENR Washington Regional Office 0 !1 943 Washington Square Mall Washington, NC 27889 JUN 2005 p? 4R . WXTgR QVAL1TY Re: Goose Creek Subdivision Y ? gTt?WNrA?ER ? ?n Bear Ms. Karoly: - Mr. Tom Stephans: In response to your request dated May 11, 2005 for additional information: (1) A signed jurisdictional determination and permit from the USACE for this project is enclosed. (2) This project does not impact riparian buffers because there is, and has been prior to the enactment of the Pamlico-Tar buffer rules, a hardened road-bed beginning at the 30 foot CAMA Line and continuing to the East to the Pamlico-Tar buffer line. This road-bed has a ditch on the east side (no ditch on the west side). The area between the CAMA line and the 50 foot Pamlico-Tar Line is grandfathered. (3) The location of the protected riparian buffers are drawn on the attached map. Please be advised that we have provided no inaccurate information as implied in your letter. Hood Richardson, P.E., P.G., P.L.S. 252-975-3472 HOOD RICHARDSON, PA Engineers-Surveyors-Geologist 110 West Second Street Washington, North Carolina 27889 May 17, 2005 CERTIFIED MAIL RRETURNED RECEIPT REQUESTED 7003 3110 0002 0581 7369 Ms. Cyndi Kroly U [R f - 401 Oversight/ExPress Penalty Unit "? 1;! Division of Water Quality 11650 Mail Service Center MAY 1. 9 2005 Raleigh, North Carolina 27699-1650 Dcivt? - A ER QUALITY TUNCSAp1 8TOMI*T-ER Xoja Re: 050492 GooseCreek SD( Beaufort)hold Letter dated, May 11, 2005 Dear Ms. Kroly: Please be advised that I am in the process of assembling the information requested. We have provided no inaccurate information as stated in your letter. A dopy of your letter is attached. I am very truly rs, L. Richardson, PE Cc: Ross Beebe, Clearwater Ventures, LLC A 1 F 401 con*ngnts Subject: 401 comments From: Tom Steffens <Tom.Steffens@ncmail.net> Date: Mon,_02 May 2005 13:49:28 -0400 To: Cyndi Karoly <cyndi.karo1y@ncmai1..net> CC: Laurie Dennison <laurie.j.dennison@ncmail.net>, Debbie Edwards <debbie.edwards@ncmail.net>, Kyle Barnes <kyle.barnes@ncmail.net> the following projects have been entered into fp5: 05-0563 Vancroft Section II, Vanrack Inc nwl4/nbr 6-Apr HOLD Applicant needs to provide information on total buffer impacts and stormwater flow into the buffer. Site plans provided are unclear. ACE JD needed for pond impacts I I i O15-049 Clearwater Ventures-Goose Creek S/D Q s _ ., (, r+- nw14 5-Apr ?-?"?' HOLD- applicant needs to provide copy of signed wetland plat from USACE, and supporting data for riparian buffer impacts ...ie; variance app or approval. 05-0575 Victoria E. Paul dcm 4-Apr issue n/c 05-0529 Robert and Janet Knight dcm 24-Mar HOLD- applicant needs to justify need for offshore sills, given rip rap shoreline, No SAV study included with application.(required) Water depths submitted w/application need verification with actual survey. 1 of 1 5/3/2005 9:27 AM i 401 ISSUED- D PAV?F1 MAR 2 1 2005 .: .?u ?= T R_ n L6F_ IV, r L. FILE COPYwalEmniowsautARL1'ry Office Use Only: Form Verson kfay 2002 USACE Action ID No. DWQ No. 0 5 0 4 9 2 (If any particular item is not applicable to this project, please enter "Not Applicable" or "NA".) 1. Processing 1. VChn kall of the approval(s) requested for this project: ection 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ 9401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: /' r l 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NC)ATRP 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 1. Owner/Applicant Name:__ _(!2 1 Mailing Address: Information J911A12WIq_ferL• v " c. D Telephone Number )L- 3 - 0 Fax Number: Z - 3 - Z E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attache if the A ent has signatory guthority for the owner/applicant.) Name: oo t AKe?Sv?y Company Affiliation: -Ho act Q y Mailing Address: O Telephone Number: 3 7Z Fax Number: E-mail Address Page 5 of 12 O 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 U'SACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWI 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: G,z Q e x ,? 2 J(. ve J 2. T.I.P. Project Number or State Project Number (NCDOT Only): e- 3. Property Identification Number (Tax PIN): _ 75',0 - q$ 4. Location /? County: /? r,tu ?0 A r Nearest Town: Alno/2 Subdivision name (include phase/lot number): _60 vA. CrAZC K, ? Directions to site (include road numbers, landmarks te.): 7-lly Q, i v r- A?rt-*-9 Oki uC 3311._doc c s.44< l.es /70 Vreo+kA. J .1 77- 0 ?,g clef 7-0 J? ! o 6` M?% n l v '6 2. I e S ?? r Tin /Lo/* r + f? Lr tti2 L p f 3S° (8 Sj ' 4-4 K 5. Site coordinates, if available (UTM or Lat/Long): (Note - if project is linear, such as a road or utility line, attae a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) wy -7 6°37!$U 6. Properm, size (acres):_ S ?• ?? ?}GN?S / ?3 j? Crwe/t- to-( (D ?s ?• 28 ,? ?K?s ?o?s.? C?? ? 7. Nearest body of water (stream/river/sound/ocean/lake): / __ t c a L.Vd River Basin: 1--ArK- i4m.IC( O (Note - this must be one of North Carolina's seventeen River Basin map is available at htt1)://h2o.enr.state.nc.usi major river basins. The 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: ?i?9? R*[ ? fvt La VWv,111ti 4 Page 6 of 12 'vc f !?. ?O f i r' t 10. Describe the overall project in detail, including the type of equipment to used: WAy /¢ G ?L, 11. Explain the purpose of the proposed work: 41--'A oVir ?-e C'L#` v^?e w? y 4ef /00. 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 Nvere 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. r AM /i G..e H Q K 4 C AQ AJW (r J13R 7v o_ FU. /,T-0 i19 bv IA-ka,a d Jq RG,,s rltiCq OdAr b 41 ?.a?. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated Nvork, and rovide justification for the exclusion of this work fro the current application. i ?w / vSll d ?? rvw? ?hfw< ?. ! w?/J n,v v?.?_ / h( C ? e ? i 1 t'[ •wc cs73-r li /?-?, h., 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 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Pale 7 of 12 P i i' 1. Provide a written description of the proposed impacts: t dn. I v? 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma) Type of Impact* Area of Impact (acres) Located within I00-year Floodplain** es/no Distance to Nearest Stream linear feet) Type of Wetland*** Xg _r Ae f ? ...... a.. uuNa -pai a- y W IU iuciiwy ruupurary impacts. impacts metuae, out 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:/Avwtv.fenia.eov. **' List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, boa, 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:1 1. /A'GXe! Total area of wetland impact proposed: 6, 0 3 .4 e_A,L 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma) I Type of Impact* G'ef4K Length of Impact linear feet) 2 V Stream Name** Average Width of Stream Before Impact I Perennial or Intermittent? (leasespecify) ?,lCt4hM(rr ce ?l ? fJ r r vet, kt i rrii. L.?? L LJJ- -1--a iy auu ,ucuuly tmupurary impacts. impacts mcluae, out 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 floes. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usU.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., m,vw.tooozone.com, wt,.,tv.magquest.coin, etc.). (Cumulative impacts (linear distance in feet) to all streams on site: f ??. i S l S .Q ?vl? c W dd-?,? c1 t T' 4 !1 `f 6??''/e ??-?t, ?cr? r, Page 8 of 12 ` , 4 a 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and anv other water of the U.S.) below: Open Water Impact Site Number I (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (take, pond, estuary, sound, bav, ocean, etc.) .11 04 List each impact separately and menury temporary impacts. impacts include, but are not limited to: till. excavation. dredging, flooding, drainase, bulkheads, etc. 5. Pond Creation Ao.l? If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic. trout pond, local stormwater requirement, etc.): Size of .vatershed draining to pond:- Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide infonnation 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 duri g construction to reduce impacts. /nlliv -e4 m 1 fv/ il•, -% ?? d Te o w G--- F%( v-J,c.' 15, V 1.1 4QAk -1 V A4./ 4 ? I S D .O 61'- 9 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 0 } r r, USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Re }ster on March 9, 2000, mitigation will be required when necessary to ensure that adverse a cts to the aquatic environment are minimal. Factors including size and type of propose 'impact and function and relative value of the impacted aquatic resource will be considercd_ri determining acceptability of appropriate and practicable mitigation as proposed. Examples of ' itigation that may be appropriate and practicable include, but are not limited to: reducing theize of the project; establishing and maintaining wetland and/or upland vegetated buffers to, ect open waters such as streams; and replacing losses of 11 aquatic resource functions and valti by creating, restoring, enhancing, or preserving similar functions and values, preferable in fte 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 considie application complete for processing. Any application lacking a required mitigation plan 'or NCWRP concurrence shall be placed on hold as incomplete. An applicant may alsftbbose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide' for Stream Work in North Carolina, available at Provide a brief description of the as much information as possible, i and/or map, if offsite), affected A of mitigation proposed (restoratii preservation mechanism (e.g description of the current site cone a separate sheet if more space is n )posed mitigation plan.. The description should provide hiding, but not limited to: site location (attach directions in and river basin, type ;and; amount (acreage/linear feet) enhancement, creation, or preservation), a plan view, :d restrictions, conservation easement, etc.), and a ons and proposed method of construction. Please attach 2. Mitigation may also be made b) payment into the N Program (NCWRP). Please note is the applicant's res (919) 733-5208 to determine avai ability and to request to submittal of a PCN. For additional information rega NCWRP, check the NCWRP website at httn://h2o.enr, the NCWRP is proposed, please Check the appropriate following information: Wetlands Restoration bi.lity to contact the NCWRP at en approval of mitigation prior ,the application process for the rnc.us/wrp/index.htm. If use of on page three and provide the Amount of stream; mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland 4itigation requested (acres): Arnount of Non-riparian wetlaiid mitigation requested (Acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 47 IX. 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)? 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. `y'es ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so. please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a reap, 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 213 .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC`" 13 .0250 (Randlenian Rules and Water Supply Buffer Req ire ents), 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's Impact (.square feet Multiplier Required Mitigation I 3 2 1.5 Total Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I I of 12 0 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. XL Stormwater (required by DWQ) 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 d wnstream froip the property. 0, XII. Sewage Disposal (required by DWQ) 07.6% Glo, J yr 2-3 6 Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed roject, or available, capacity of the sub'ect facility (?-.?" -m Le .-e XIII. Violations (required by DWQ) Is this site in violation of Q Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit pplication? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application ciently in advance of desired construction dates to allow processing time for these permtt`s. 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 12 of 12 CAL.-e.e.ek VEGETATION dhr Dominant inan Plant Species Stratum Indicator- Oominent Plant tiQecles Stratum Indicator 2. BIZ ?C C ?S tc5,gA A iCe?f- ` -1 9 c -- lo, ? - - V14e 11. 4. od,D)? ew j >?? h FACE 12. - 5. 19.R ?ICL I tf P ?L- 13. ?- 6. _14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC ? l F uding AC•). f (exc ? n r Remarks: o1 1 HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide. Gauge Aerial Photographs _ Other No Recorded Data Available .................... . Wetland Hydrolly ndicators: Primary India. qra Inundated Saturated in Upper 12 Inches Water Marks -Water lines Sediment Deposits Feld Observations: Drainage Patterns in Wetlands n Secondary Indicators (2 or more required): Depth of Surface Water:! ii n.) Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: _Local Soil Survey Data SAC-Neutral Test Depth to Saturated Soil: t/ 3 (in.) Other (Explain in Remarks) Remarks: C/P DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SOILS Map Unit Name (Series and Phase); V y VSf'/? sv Yvt.2 W ?vv_ Drainage Class: ? Taxonomy (Subgroup); i ons /?•?YU'? i C ZKlC. VG?I'L? wr field Observp Cohfirrn`V*0 'ad Type7 es No Profile Descriotion Depth Unches) Horizon Matrix Color (Munsell Moist) Mottle Colors (Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Strt)oture, etc, ?! h ?o A i//z i3? 5- Y/t 61 /\6D k-v?e 1316 v r?6b ?? Z o wd L'4 4-d i Hydric Soil Indicators: Histoscl _ Concretions _ Histic Epipedon -High Organic Content in Surface Layer In Sandy Soils _ Sulfidic Odor _ Organic Streaklnp In Sandy Soils _ Aquic Moisture Regime - Usted on Local Hydrio Soils Ust _ Reducing Conditions _ Usted on National Hydrio Soils Ust Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: ?U ( (S - ?? d l G 0- `? 6L.' C/ ??1} Pip, .f- T_ 4L9 WETLAND DETERMINATInlY Hydrophytic Vegetation Present? <?o ® (Circle) (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yea No I I t4 JN F a ? G? •?? <ls GKeQK l?E r DATA FORM ROUTINE WETLAND DETERMINATION 111987 COE Wetlands Delineation Manual) Project/Site: 600J'E 4'Q. CEKK Date: 3 j 0 L.LE County: , V'C^ Applicant/Owner: e erc lL urt e f, Investigator: a0 & *99 o State: Do Normal Circumstances exist on the site? Ye No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes (O Transect ID: Is the area a potential Problem Areal YesC Plot ID: (if needed, explain on reverse.) VEGETATION Dominant ant Specipa Stratum Indicator 02minent Plant Species tr m Indicator ,. -tys t' E _rrcecc F6' c- 9. 2./3 C -J AV 1tIr 1 rh-t 67%G 10. 3. 114 VA e-A Ge/t/f_-C M 124 F?c4-- 11. ? - 4. /O?i ^J rTes AL'S i'6 4 (.u Lent a? trAc 12. 5. 13, 6. _14, 7, 15, 8. 16. Percent of Dominant Species that are OBL, FACW or FAC d70 (excluding FAC-). / Remarks: `( G?'!/ % r? rc ;S Pig es_e.,,? , HYDROLOGY Recorded Data (Describe in Remarks): Wetiand Hydrology Indicators: _ tream, Lake, or Tide Gauge Primary Iridiceto,rs: Aorial Photographs Inundated _ Other Saturated in Upper 12 Inches _ No Recorded Data Available -Water Marks _ Drift Linea Sediment Deposits Feld Observations: Drainage Patterns in Wetlands Secondery'Indicators (2 or more requiredi: Depth of Surface Water: O (in.) Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Depth to Free Water in Pit: Gn.) ! local Soil Survey Data _ FAC•Neutral Teat Depth to Saturated Soil: _ o") _ Other (Explain in Remarks) Remarks: r WF r SOILS Map Unit Name /?V 4L i (Series and Phase): C.? j- VGI" G L1< Drainage Class: Taxonomy (Subgroup): 4Q/1M i'( e/ztt;,/? Field Observations T Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors h s Horizon Mottle ? Texture, Concretions, tinc un 1 let u e I oist Abundanoa/Contrall -1Z p R / Struoture, at I'z-ls o yet Z S ----? -r-- ----------------- -------------------------- HYdric Soil Indicators: _ Histosol Histic Epipedon Sulfidic Odor FAquio Moisture Regime Reducing Conditions _ Gleyed or Low-Chrome Colors Remarks: ro 1 /s _ Concretions High Organic 'Content In Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Loc I H.ydrio,Aoils List Listed on Nat onal Hydric Soils List _ Other (Explain in Remarks) ate. ,,d?es-Q;,, WETLAND DETERMINATION Hydrophytic Vegetation Present? No (Circle) Wetland Hydrology Present? No (Circle) Hydrio Soils Present? a No Is this Sampling Point Within a Wetland? es No Remarks; /.- - / C( Y -7 /V7 q AC IA- y .h 0 ?$ r Creek ?t P 4 C W \ b L m I z , in as m r" s / 'tA p1. S f ¢ 2 Herring Pt 6 rst Pt 0 M 4 E, 1 l -OOSE C. E i o q 1a- 2 P -r- _ 71 X4 O 1? -77 KATE GAME REFUGE w ? Pde Ford (C) a - --Old Field Ti a BM Point latter Light w? X 4 w Foul Area Bostic Pt Fulford Pt CO gay 5iC`r i! Bnwk PiII Pt _ - 1 3 0 1 Piling0 2 douse 1 J _ ?n • A.Clark (C) T- '„• • '44 'Clark Pt Holly Pt -? o .. r.. _ 4 - - ?. foul Area 1901 A Hol ( j. E -E ;kQ, eterobf dali, ? 4 -4 45 r" 4 I ?y - Dixon Creek di i et son Gr ???b!e F, Pt "Peterson ( r 'C?tE ? t ? ? ? grea BM 9biE REF E I i r - l l Paton 43? Pt Dix (C):. Q.o .2 190 "o Do[ i N3515 --W 76375/7.5 Xa 10/11 i.. UIQ >,n - . )Facing ;LOWLAND, N. C. P5654 1 S S ??' VISED 1974 Pt, o%I' ' V8 i C? N3515-W7630/7.5 AMS ssss -SERIES 42 ? p 5??, Cedbr FIt More ; 1950 z - Sheeppen Pt ;?(?(? PQ 10" PtAk PHOTOREVISED 1974 5 GOOSE C- - k AMS 5854 1 SE-SERIES V842 _ ? ? 444 } -- 1 yy Node(C? Ile Light ? Dead Duc E fh C X as am reek . P Pt Pasture . Pt ? ` -" + 1 ., t ? <? ; x -? ? ;? .:, -;?'u e " //F/FE T Z` v? 02.0612005 ,16:04 FAX 1? 002/002 N? 3 S 7 O O KCAW / DREDGE i FILL GENERAL PERMIT i # Nj? P T%New ?Modification OComplete Reissue OPartlal Reissue revious permit Date previous permit issued As authorized by the State of North Carolina. Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC tiL . ??? m Name C\?o?I` W Appllm o r-? Project Location: Rufes attached. County 0.k c`4 Qt Address r 0c? im1 tpme_ %m !E: +a ;, 3 Street Address/ State Road/ Lot #(s) ?0) City QJ Qy.a 0311_? State, {', ZIPQ_ tic l '?' t?Pt? Phone #?na) l633-acts-,? Fax # C_) Subdivision Nj 11, Authorized Agent Ross B& City Nea t, ZIP X, Affected 0JCW MW OPTA )LES ?PTS Phone # ( ) jtlver,$asin'T -?,.r. C: AEC ? ? O? ' ? HHF ? IH ? URA ? NIA (S); Adj. Wtr. Body + >\ CO- nat m unkn D PWS, ?FQ ORW: yes /(9 PNA yes l? Grh. Nab. yes / no Closest Maj. Mr. Sody G.e,..1A w i? .,r+ Type of Project/ Activity C X-'n .fie • L %so f o? 1jy G? .tip Pier (dock) length Platform(s). i T i 14" Finger pier(s), ¢ 6?f Groin length - - •?- - _ - - -- -} y ulkhea prap length avg distance offshore oY max distance offshore Basin, channel cubic yards Boat ramp '? • • - Boathouse,/ Boadlft Beach Bulldozing Other Shoreline Llenl h - SAM not sure no. , Sandbags: not sure yes 1 Moratorium: nfa yes i T Photos: yes i i Waiver Attached: yes A building permit may be required by, Not Special Conditions ?- '%' ? z,A L ta C. 5 - I, - I I See note on aturi se A ono n _D ?- Itt? VJ . _ (Scale: NON ? I i ?h 1 i .I , I regarding River Basin rules 31 ` 1oaj 3 Akw ?io?1 3 mother 34as Lguln=Dat ExplratlonDam Z. L('.. U ^ V/'-k k n f1 .e D \t4 A 1?? 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 May 11, 2005 DWQ Project # 05-0492 Beaufort County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Clearwater Ventures, LLC 309 Middle Street, Suite 3 New Bern, NC 27560 Subject Property: Goose Creek Subdivision REQUEST FOR MORE INFORMATION Dear Sir or Madam: On, March 21, 2005, the Division of Water Quality (DWQ) received your application dated March 17, 2005 to impact .03 acres of wetlands, 24 feet of stream and 0 square feet (fl) of protected ripirian buffers to construct the proposed subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetland, streams and/or buffers on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and 2B .0259(8) and will place this project on hold as incomplete until we receive this additional information. Please provide five copies of the following information so that we may continue to review your project. Additional Information Requested: 1. Please provide a copy of the signed jurisdictional determination from the USACOE for your proposed project. 2. It is not clear if your project will be impacting riparian buffers; please provide any variance approvals or riparian buffer authorizations you have received for you project. 3. Please indicate the location of the protected riparian buffers as overlays on the site plan. Please respond within three weeks of the date of this letter by sending this information to me in writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. N?hCarolirta Clearwater Ventures, LLC Page 2 of 2 5111105 This letter only addresses the application review and does not authorize any impacts tq wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Ms. Debbie Edwards at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, CBKldae cc: abcVz'L O&OX? F-? ! Cyndi Karoly, 401 Oversight/Express Permitting Unit t. Tom Steffens, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Hood Richandson, PE-Hood Richandeson, PA, 110 West 2nd Sheet, Washington, NC 27889 Filename: 050492GooseCrkSD(Beaufort)hold MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND! RECOMMENDATIONS Facility Name Clearwater Ventures - Goose Creek S/D Project Number 05 0492 R0cv}d From APP Received Date 3/21/05 Recvd By Region Project Type Culvert-driveway access & cul desac tom steffens/Barnes al horipp County Beaufort County2 Region Washington Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. NNT14 OTH [97 o N, ? 77 ,? S1 NO«'s 30,30?. 0.03 ?- Y ON Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? O Y ON Is MitigaOon required? O Y ON Recommendation: 0 Issue 0 Issue/Coed 0 Deny Provided by Region: Latitude (ddmmss) 351852 Longitude (ddmmss) 763718 Comments: HOLD- applicant needs to provide copy of signed wetland plat from USAGE, and supporting data for riparian buffer impacts...ie; variance aon or approval. cc: Regional Office Central Office Page Number 1 050492';- Clearwater Ventures, Beaufort Co. Subjegt: 050492 - Clearwater Ventures, Beaufort Co. From:' "Tripp, Maria L." <maria.tripp@ncwildlife.org> Pate: 'due, 3 May 2005 06:41:09 -0400 To: "'Cyndi.Karoly@ncmail.net"' <Cyndi.Karoly@ncmail.net> Cyndi; The plats provided should indicate USACE delineated wetlands, and also the Tar/Pam buffers on the back half of the lots.: They are shown around the basin, but not on the back of lots 9,10,11. Coastal marsh is present and was marked by DCM last year. Impacts to the buffer will be greater than indicated on the plans. Thanks.'. Maria Maria Tripp NC Wildlife Resources Commission Northeast Coastal Region Coordinator 943 Washington Sq. Mall Washington, NC 27889 (252)948-3916 1 of 1 5/3/2005 10:06 AM MEOP: RANPUM TO:! John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Clearwater Ventures - Goose Creep S/D Project kumber 05 0492 Recvd From APP Received Datie 3/21/05 Recvd By Region Project Type Culvert-driveway access & cul de sac Certificates Stream Permt Wetland Wetland Wetland Stream Class Acres Feet TYPE Type Impact ` Score Index Prim. Supp. Basin Req. Req. NW14 OTH O Y O N 77) SA 7VNS F0,?t1'. ?- _ ON OY ition Wetland itigationType Type Acres Feet Is We?lagd Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N 'Have Project Changes/Conditions Been Discussed With Applicant? O Y ON tom steffens/Barnes al hodge County Beaufort County2 Region Washington Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region Comments: Latitude (ddmmss) 351852 Longitude (ddmmss) 76371$ cc: ;Regional Office Central Office Page Number 1 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 First-Class Mail Postage & Fees Paid USPS Permit No. G-1Q ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the `mailpiece, or on the front if'space permits. t. Article Addressed to: Clearwater Ventures,LLC\ 309 Middle Street, Suite 3 New Bern,NC 27560 DWQ# 05-0492-Beaufort A. Signature x B. Received by ( Printer) Name) ? Agent, C. -Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type 9 Certified Mail ? Express Mail Registered ORetum Reoelbt for Merchandise Insured Mali 00 CsO.D. 4. Restricted Delivery? (Extra Fee) Q Yes 2. Article Number (ftnsterfro- seMcekW 7004 1160 0005 8758 3968 381'1, February 2004 Domestic Return Receipt iwwr