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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

August 18, 2005

Mr. W. Ward Manning, Jr.
Manning Companies, LLC
1700 Tanglebriar Ct.
Weddington, NC 28104

Subject:

Isolated Wetland General Permit
4.60 acre Tract off Pilots Ridge Road
DWQ Project #IWD 050818
New Hanover County

Dear Mr. Manning:

The Wilmington Regional Office performed an isolated wetland jurisdictional dctermination on
your property located off Pilot's Ridgc Road in New Hanover County. Thc attached survcy accurately
depicts thc approved isolated wctland delincation. The total isolated wctland area is 0.32 acrcs ofthc 4.60
acrc tract.. The Isolatcd Wetland Gencral Permit allows you to fill up to 1/3 acre of isolated wetlands east
of 195 without written concurrencc from the Division of Water Quality. You are authorized to proceed
under the Isolated Wctland General Permit Number IWGPlOOOO (attached) provided that you can meet
all of the conditions of this certification.

If at anytimc during construction of your project you determine that you cannot meet these
conditions or if therc are any unpermitted impacts to wetlands or water quality, you must contact this
office immcdiately.

7405.

If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-

Sincerely,

7/~~

Noelle Lutheran
Environmental Specialist III

cc:

David Syster, Southern Environmental Group Inc.
Cyndi Karoly, 401 Oversight Unit
Jcnnifer Frye, US Army Corps of Engineers
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North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Customer Service 1-877-<323-<3748
Intemet h20.enr.state.nc.us N~rthCarolina

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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY

STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED
WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000

FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
WETLANDS, LESS THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (1/3) OF OTHER
ISOLATED SURFACE WATERS

In accordance with the provision of Article 21 of Chapter 143, General Statutes of
North Carolina as amended and other lawful standards and regulations, including
15A NCAC 2H .1300 and 15A NCAC 28 .0200, promulgated and adopted by the
North Carolina Environmental Management Commission.

Permission is hereby granted to all owners or operators of activities which impact
isolated wetlands, isolated streams or other isolated waters in accordance with
the conditions set forth in Parts I, II, III, IV, V, VI and VII of this General Permit
Number One.

This General Permit shall become effective on September 10, 2003.

. This General Permit shall expire at midnight on September 30, 2008 or unless
otherwise rescinded by the Director of the NC Division of Water Quality (DWQ).

Alan W. Kimek, Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission

This General Permit is issued in conformity with the requirements of North
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
for the discharge of fill material to isolated wetlands and isolated waters of the State of
North Carolina. This Permit may be rescinded when deemed appropriate by the Director
of DWQ after appropriate public notice.
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 Permit:

I. Totaling Impacts and Application Requirements:

A. Application Thresholds -Impacts to isolated, classified streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site-specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams 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
2. Impacts to isolated lakes and ponds 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
3. Impacts to isolated wetlands 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;
4. Proposed fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 28 .0101(e)(7) as Unique Wetlands
(UWL) shall require written concurrence from the Division of Water Quality;
8. Activities which are Deemed Permitted: Impacts to less than i) 150 linear feet of
isolated stream, ii) 1/3 acre of isolated surface waters, iii) 1/3 acre of isolated
wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed:
C. Totalinq and Reportinq of Impacts:
1. Isolated Streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the 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 (if any). Stream relocations and streambed 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.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures 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 count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or

2

profile occurs. 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)
2. Isolated Lakes and Ponds - Impacts to isolated 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 (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts.
3. Isolated Wetlands - Impacts to isolated 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 (if any). 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. Impacts to wetlands shall
include activities that change the hydrology of a wetland.

D. Public Notice requirement - A separate Public Notice and Individual Permit will be
required for all projects which propose to impact more than 250 linear feet of isolated
streams or more than one (1) acre of isolated wetlands or other waters in accordance
with 15A NCAC 2H .1303. For impacts less than these thresholds, this General
Permit is applicable without additional Public Notice.

E. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for an Isolated Wetland General or Individual Permit must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted. This payment shall be the higher of the two fees;

F. Impacts to any stream length for streams regulated by the respective riparian buffer
rules in the Neuse, Tar-Pamlico, Catawba or Randleman River Basins (or any other
major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the
time of application) also requires written concurrence for this Permit from DWQ in
accordance with 15A NCAC 2B.0200 except for "exempt activities" as noted below.
Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Permit as long as they meet the impact thresholds provided in
the rules. New development activities located in the protected riparian areas
(whether jurisdictional streams, wetlands, waters or not) within river basins with
riparian buffer protection rules 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;

G. Irrespective of other application thresholds in this General Permit, all impacts to
perennial waters and their associated buffers in water supply watersheds require
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 2B. 0212 (WS-I), 28 .0213 (WS-I1), 28.0214 (WS-I1I) and 28.0215 (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 Isolated
Wetland General Permit 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 in;
3

water supply watersheds 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;

II. On-Site Stormwater Management:

A. Additional site-specific stormwater management requirements may be added to
this Permit 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 for either the
entire site or portions of the site that exceed 30% imperviousness. Site-specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater management requirements (such as
[but not limited to] providing diffuse flow through protected buffers) may also be
added on a case-by-case basis.
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 eNS), trout waters (Tr), high quality waters (HQW),
and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands, bio-retention areas, and ponds followed by forested filter
strips (designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater
management plan when a site-specific stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post-construction, on-site stormwater management shall be
required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H ,1000
to .1007, respectively, in addition to that required in this General Permit.
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.

1. 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 Permit occur.
2. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
3. 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.
4. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.

4-

III. Compensatory Mitigation:

A. 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 ith
streams classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear,
publicly-funded transportation project, which has a 150-foot per-stream impact
allowance;
B. In accordance with 15A NCAC 2H .1300, 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 use of this General 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 Permit 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 Tho Internal
Technical Guide for Stream Work in North Carolina (April 2001 or its successor), the
restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;

C. For any project involving re-alignment of streams, a stream relocation plan must be
included with the General Permit 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), 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. A smaller buffer may be allowed on a site-specific basis by DWQ.
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 hydraulic 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. If stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina, (April 2001 or its successor), 2001, the restored
length can be used as compensatory mitigation for the impacts resulting from the
relocation;

D. Culverts and other structures installed 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

5

upstream and down stream of the above structures. The applicant is required to
provide written 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 f100dways 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 f100dway that may result in aggradation,
degradation or significant changes in hydrology of streams or wetlands;

IV. Sedimentation and Erosion Control:

A. All erosion and sediment control practices (for land uses that include
construction/development, mining, agricultural and forestry practices) must be in full
compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices (BMPs).
1. For construction/development and land disturbance activities, erosion and
sediment control measures and maintenance must be installed and equal or
exceed the proper design, installation, operation and maintenance outlined in the
most recent version of the "North Carolina Sediment And Erosion Control
Planning and Design Manual'. If land disturbance amounts are below the
thresholds where a Division of Land Resource (DLR) or a DLR delegated
program require a Erosion and Sedimentation Control Plan, then measures and
control practices must be installed such that sedimentation to waters is
prevented.
2. For mining activities, erosion and sediment control measures and maintenance
must be installed and equal or exceed the proper design, installation, operation
and maintenance outlined in the most recent version of the "North Carolina
Surface Mining Manual".
3. For projects located on agricultural sites, Best Management measures must be
installed and equal or exceed the proper design, installation, operations and
maintenance outlined in Section 4 of the Natural Resources Conservation
Services (NRCS) Technical Guide. If erosion and sediment control measures
are not specifically addressed by NRCS Technical Guide for an activity being
conducted, then sediment control measures, control practices, and maintenance
must be installed and implemented such that sedimentation to waters is
prevented.

4. For project located on forestry sites, Best Management Practices must be
installed that equal or exceed the proper design, installation, operation and
maintenance as outlined in the most recent version of the "Best Management
Practice Manual" developed by the North Carolina Division of Forest
Management. If the Best Management Practices, developed by the Division of
Forest Resources, do not specifically address the activity being conducted, then
measures, control practices, and maintenance must be installed and
implemented such that sedimentation to waters is prevented.
B. 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 or DLR delegated program has released the project;

V. Compliance with Water Quality Standards:

A. Additional site-specific conditions may be added to projects proposed under this Permit
in order to ensure compliance with all applicable water quality and effluent standards;
B. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
C. If this Permit 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 or

6

Individual 401 Water Quality 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 Permit
shall only be utilized from natural high ground to natural high ground;

V. Possible requirement for an Individual Permit and Public Meetings

A. The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Permit for any project in this category of activity that
requires written concurrence under this Permit, if it is determined that the project is likely
to 1) have a significant adverse effect upon water quality, 2) impact state or federally
listed threatened or endangered species, or 3) degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
B. Public meetings may be held for specific applications or group of applications prior to a
Permit decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.

VI. Compliance and Reporting:

A. If an environmental document is required, this Permit is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
B. Deed notifications or similar mechanisms shall be placed on all lots with remaining
wetlands and waters or on areas within 50 feet of all streams and ponds if riparian buffer
protection rules are applicable, These mechanisms shall be put in place within 30 days
of the date of issuance of the General Permit 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 hllp://h20,enr,state.nc,us/ncwetlands. DWQ shall be sent
copies of all deed restrictions applied to these lots;
C. When written concurrence is required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by this
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall expire five
years from the date of the cover letter from DWQ or on the same day as the expiration
date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is
sooner unless otherwise explicitly allowed in the approval letter from DWQ.
E. Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Permit for the project and may also result in criminal
and/or civil penalties.
F. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
143-215.6A to 143-215,6C.
G. This permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
H. The issuance of this Permit does not prohibit the Director from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code 3, Subchapter02H. 1300, and North Carolina General Statute 143-215.1 et. al.
I. The Permit is not transferable to any person or entity except after notice to and written
approval by the Director. The Director may require modification or revocation and
reissuance of the Permit to change the name and incorporate such other requirements as
may be necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will
be considered on its merits, and mayor may not be approved.

7

J. The issuance of this Permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other
governments agencies (local, state, and federal) which have jurisdiction. If any of those
permits results in revisions to the plans, a permit modification must be submitted.
K. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspections and compliance review.
L. The permittee shall notify the Division of Water Quality of any mailing address changes
within 30 days.

8

Michael F. Easley, Governor

William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

June 8, 2005

Elwood Taylor
126 Padgett Road
Maple Hill, NC 28454

Subject:

401 Water Quality GC #3402
Kings Estates Road
DWQ Project # 05 0818
Onslow County

Dear Mr. Taylor:

The Wilmington Regional Office received your copy of the Nationwide Pem1it Application for a
Nationwide 39 for 0.0'98 ac of wetlands for the purpose of a road crossing to access your site off King Estates Road
in Haws Run, Onslo\v County. After The US Army Corps of Engineers issues you a permit, you are authorized to
proceed under General Water Quality Certification # 3402 (attached). Written concurrence from DWQ is not
required provided that you can meet all of the conditions of this certification.

If at anytime during construction of your project you determine that you cannot meet these conditions or if
there are any unpermitted impacts to wetlands or water quality, you must contact this office immediately.

If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215.

SinCerelY'~~

~ j / "'-'
//v!;IN.- r-.
Joanne Steenhuis
Environmental Specialist III

cc:

Cyn'di Karoly, Wetlands Unit
Brad Shaver, US Army Corps of Engineers
Wes Fryar, Agent
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JUN 1 3 2005
DENR .
1\E7l.N,'Ds NiD~1r:QUALITY
Mi\7ER BRN~

"

North Carolina Division of Water Quality 127 Cardinal Ori'.e Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone]
An Equal Opportunity/Affirmative Act:on Employer - 50% Recycled/l0% Post Consumer Paper

Customer Servicel-877 -B23-67 48
Internet: h20.enr.state.nc.us N he )'
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Project Number: 20050818

Version: 1

I Details1 i Detolls2 Permits ~~d Certs 1 Cross- Refs! Impacts I Mitigations 1 Fees! Affillalions Events] Inspections 1 com';;ent~1 Hlst~rY]

"Project Name: KlnQ Estates Rd cia Elwood Ta)'lor

Project Dese: Residential SID

"Owner: Tal1or, Elwood
"Recel"ed From: Applicant
Received Dt 0511012005
Sent to Region Dt
Rcvd Region Dt
Issued Dt: 0610812005
Statutory Dt 07i0'll2005

Status: Issued

Last Action Desc: Project issued

"Project Type: ,Residential Subdivision ~-;-

[Q;t~

COE ID: 200500675

DOTTIP:

CN/A NEPAl SEPA Recer.ed Dt:
DeM Office ,~orehead ~Ity H-;~qtJ~~;~r.; s>'"1 Plan Recer.ed Dt:

COE Office' ngton RegUlatory Field O~ ...

Last Updated By Jennifer.hiser

Last Updated On' 0612812005

SW Plan Approved Dt

s,.... Plan Location ;-~~-~--r:::

Sewa~e Disposal' ~--'-r.;-

< !:1ack

Ready

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"Primary Count,: :Oi1Slclw

"-T';

Reviewer: 'joanne_steenhUlS

'Mm," ReQlon:

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Public Notice Published Dt:

PubliC Notice Received D1:

Ptl. Comment Peliod Ends D1:

S:D: WPDl

29

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
we Supervisor:
Date:

J Steenhuis
Fd Rpr.k

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Kin~ Estates Rd c/o Elwood Taylor
Project Number 05 0818
Recvd From APP

County Onslow

County2
Region Wilmin~ton

Received Date 5/10/05
Project Type Residential SID

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

I NW39 I OTH I@Y ON I I 19-17-4 r-c-I NSW 130,502. I 0.10 I
I I IOY ON I I ~I I I I

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON

Is Mitigation required? 0 YON

Recommendation: @ Issue 0 Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss)

Longitude (ddmmss)

Comments:
GC letter written 06/08/2005 JHS

cc:

Regional Office
Central Office

Page Number 1

RECEIVED MAY 1 0 2005
Office Use Only: APR 1 8 2005 DENR _ WATER QUALITY Form Version May 2002
\','ETlJ.JIDS 1J.'fJ STOm.WATER BRNICH
USACE Action ID No. BY: DWQ No.

~~@~DW~~

(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit D
D Section 10 Permit D
D 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ~

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: D

II. Applicant Information

1. Owner/Applicant Information
Name: Mr. Elwood Taylor
Mailing Address: 126 Padgett Road
Maple HilL NC 28454

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr. Wes Fryar
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402

Telephone Number: [phone]
E-mail Address:[e-mail]

Fax Number: [phone]

Page 5 of 12

III. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrativc and distribution purposes, the
USACE requires information to be submittcd on sheets no largcr than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rathcr than a scquential 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. Namc of projcct: King Estates Road

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 433504624157

4. Location
County: Onslow Nearest Town: Haws Run
Subdivision name (include phase/lot number): King Estates
Directions to site (include road numbers, landmarks, etc.): Take 17 N to Dawson Cabin
Road (right before Pcte McMillan Furniture). Follow Dawson Cabin Road to Haws Run
Road. Turn right onto Haws Run Road. Takc a left onto King Road. Take a right onto King
Estates Road and property will be directly in front.

5. Site coordinates, if available (UTM or Lat/Long): 34.7100 N, 77.5507 W
(Note - If project is linear, such as a road or utility line, attach a shect that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): 16 acres

7. Nearest body of water (streamlriver/sound/occanllake): Haws Run

8. River Basin: Whitc Oak/Intracoastal Waterway
(Note - this must be one of North Carolina's seventeen designatcd major river basins. The
River Basin map is availablc at http://h2o.enr.state.nc.l1s!admin/maps/.)

9. Describc the existing conditions on the sitc and gcneralland usc in the vicinity of the projcct
at the time of this application: This site is undcveloped. Adiaccnt land use is undeveloped
or residential.

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to construct three homes within the three residential lots plotted out
for the property. A 45 foot road crossing will bc nccded to access the lots and septic system
areas and will servc as a utility easement. The wetlands will be cu1verted and fill material
will be added in this area. Additional material may be trucked in if needed. A track hoe and
bulldozer will be used to level spoil material. Silt fences will be used to reduce erosion into
adiacent wetlands.

11. Explain the purpose of the proposed work: To build a road crossing to access the lots and
septic areas and to serve as a utility easement.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
404 wetlands were delineated on site by Land Management Group, Inc. Mr. Brad Shaver of the
USCOE verified the line in the field in March of2005.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.

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 arc proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream

Page 7 of 12

mitigation, list and describe thc impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts:
The applicant proposes to impact approximately 0.098 acre of 404 wetlands.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact 1 OO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
1 Fill 0.098 no 2000 Forested wetland

**

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Year floodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approvcd local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at h!!l~\~~~\ k'll:t,~.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

...

List the total acreage (estimated) of all existing wetlands on the property: 0.65 acre
Total area of wetland impact proposed: 0.098 acre

3. Individually list all intermittent and perennial stream impacts below:
N/A No stream impacts

Stream Impact Length of A verage Width Perennial or
Site Number Type of1mpact* Impact Stream Name** of Stream 1ntennittent?
(indicate on map) (linear feet) Before Impact (please specify)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and aller, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at
'-'-"-~'-]l"I~e()\. Scvcral internet sites also allow direct download and printing of USGS maps (e.g., ~~U"l~~1!onc.~,
\\\\\\ .1ll:1f'1II1C'l.l'0l!.l, ctc.).

Page 8 of 12

Cumulative impacts (linear distance in feet) to all strcams on site: N/ A

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts

Open Water Impact Area of Name of Waterbody Type of Water body
Site Number Type of 1mpact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean. etc.)

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation N/A
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 illustratcd on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream D wetlands
Describe the method of construction (e.g., darn/embankment, excavation, installation of
draw-down valve or spillway, etc.):

Proposed use or purpose of pond (e.g., livestock watcring, irrigation, aesthetic, trout pond,
local stormwater requirement, ctc.):

Size of watershed draining to pond:

Expectcd pond surface area:

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, acccssibility, and
financial viability of the project. The applicant may attach drawings of alternative, lowcr-impact
site layouts, and explain why these dcsign options were not feasible. Also discuss how impacts
were minimized once the desired sitc plan was developed. If applicable, discuss construction
techniqucs to be followed during construction to reduce impacts.
In the site design of this proicct, wetland impacts werc avoided and minimized to thc maximum
extent practicable. The road crossing will be necessary in order to access the lots, septic systems,
and will scrve as a utility easement.

VIII. Mitigation

DWQ - In accordancc with 15A NCAC 21-1 .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
freshwatcr wetlands or greater than or equal to 150 linear feet of total impacts to pcrennial
streams.

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Fedcral Register on March 9, 2000, mitigation will be required when
necessary to cnsure that adverse cffects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may bc appropriate and practicable include,
but are not limitcd to: rcducing the size of the project; cstablishing and maintaining wetland
and/or upland vegetated buffcrs to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, rcstoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choosc to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, availablc at
I1t t p://h2o.cnr.st;Jtc. nc. us/newel]3 I1l\S/ strm !..!idc. I1tm I.

1. Provide a brief description of the proposed mitigation plan. Thc description should provide
as much infornlation as possible, including, but not limited to: site location (attach dircctions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation casement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant proposes to mitigate for wetland impacts by offering the remaining wetlands
onsite as prcservation.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.cnr.statc.ne.lIs/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
follo\ving information:

Amount of strcam mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acrcs):

Page 10 of 12

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 D No ~

If yes, does the projcct require preparation of an environmental document pursuant to the
requircments of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thrcsholds for environmental documentation.
Yes D No D

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A

It is the applicant's (or agcnt's) responsibility to determine, delineatc and map all impacts to
requircd state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondencc from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No ~ If you answcred "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* Impact Multiplier Required
(square feet) Mitigation
1
2
Total

*

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

If buffer mitigation is requircd, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Prescrvation or

Page 11 of 12

Payment into thc Riparian Buffcr Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A

XI. Stormwater (required by DWQ>

Describe impervious acreage (both eXIstmg and proposed) versus total acrcage on the site.
Discuss stormwater controls proposed in order to protcct surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the property. Total proposed impervious cover will
consist of three homes with driveways, which will be approximately 0.13 acre, or 0.8 % of the
total site. The applicant will install silt fencing around the construction area to reduce erosion
into wetland arcas.

XII. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generatcd from the proposed project, or availablc capacity of the subject facility.
The lots will tie into their own septic systems located on the north side of the property.

XIII. Violations (required by DWQ>

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact permit application?
Yes D No ~

RECEIVED

APR 1 B 1M')

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associatcd 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 outsidc of the applicant's control).
N/A

-VV~,A--. ~- l.1/14/n~
Applicant/Agent's Signature Date
(Agent's signaturc is valid only if an authorization lettcr from thc applicant is provided.)

Page 12 of 12

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Area of Wetland Impact

Total Impact Area = 4275 sq ft or 0.098 ac (0.10)

Elwood Taylor
King Estates Road
Onslow County
40-04-802

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
April 2005

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SCALE 1" = 100'

Site Plan Showing
Wetland Impacts

Permit Application

u.s. ARlHY CORPS OF ENGINEERS
WILrvUNGTON DISTRICT

Action rd. 200500675

County: Onslow

U.S.G.S. Quad:' Haws Run

NOTIFICATION OF JUlUSDICTIONAL DETER1\IINATION

Property Owner:
Address:

Mr. Elwood Tav10r
126 P:ld{!ett Road
Map1c Hill. NC 28454

Agent: Land Man:l{!ement Group, Inc.
attn: \Yes Frvar
P.O. Box 2522
Wilnliii!!ton, NC 28402
910-452-0001

Telephone No.:

910-389- 1435

Property description:
Size (acres) 16 Nearest Town Haws Run
Nearest Waterway Haws Run River Basin White Oak
USGS HUC 03020302 Coordinates N 34 42.50 W 77 32.95
Location description The suhiect arca is located off Kin!! Road which can bc accessed off Haws Run Road located off
Dawson Cahin Road south of Jacksonville. Onslow COlIntv.

Indicate Which of the Following Applv:

Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).

There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

-.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CW r\)(33 USC 9 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.

_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.

_ The \\/ctland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject.to CW A jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.

X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 4/I 4105. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.

There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to~xceed five years from the date of this
notification.

.'

X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area rvlanagement Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at 910-395-3900 to determine
their requirements.

Page 1 of::!

0+10'

0+5'

Proposed cul\'Crt

0+0'

0+0'

Typical Cross-Section of Access Driveway

45'-wide impact

21' -wide road
~---------------~~~~~-,

IJ ",2",,,,,,,"''''''' - - -- ""':, 11
",'" ,
- ~-----~_.__.__._._--------------_.__._- ---~- ---------------------

0+12'

0+24'

0+36'

Typical Profile of Access Driveway

Proposed Grade :-------------

Existing Grade

~ 24" pipe culvert

NOT TO SCALE

NOTE: Final culvert specifications and road width to be determined by project engineer.

Elwood Taylor
King Estates Road
Brunswick County, NC

Permit Application

Land Mallagement Group, Inc.
Emironmental Consultants
Wilmington, NC
April 2005

0+48'

Proposed Grade

Existing Grade

0+60'

Horizontal: I" = 12'
Vertical: I" = 5'

Typical Road
Cross-Sections