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HomeMy WebLinkAbout20091016 Ver 1_401 Application_20090909LMG LAND MANAGEMENT GROUP INC. Environmental Consultants September 17, 2009 TO: Ms. Joanne Steenhuis NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 404 Water Quality Certification: Kolling Subdivision New Hanover County, NC Ms. Steenhuis: 09-1016 OURN[A I SEP2E1009 METU=mQ ,31pR11q?AlER6fA" Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf Mr. Ken Kolling. The project consists of the subdividing of one residential lot into two residential lots on 5.2 acres of land in New Hanover County, NC. The applicant proposes to impact a total of .028 acres of wetlands in two different locations and 400 linear feet of stream in one location (within the first wetland impact). The impacts are necessary for the construction of a road which will provide access to the second lot. The Pre-Construction Notification form, associated maps, and site plan are enclosed. Please note that this submittal is a courtesy copy as a 401 Water Quality Certification should not be necessary for this project. Thank you for your assistance with this project. Environmental Scientist Encl. C: Ms. Emily Hughes, USACE Mr. Ken Kolling Mr. Phil Bevilacqua, Bevilacqua Engineering, PC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 9 P.O. Box 2522, Wilmington, NC 28402 A LMG LAND MANAGEMENT GROUP INC. '?aw Environmental Consultants September 17, 2009 TO: Ms. Emily Hughes US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 RE: NWP 29 Application Package: Kolling Subdivision New Hanover County, NC SAW-2007-03401 Ms. Hughes: Enclosed is a NWP application for your review. This application is submitted on behalf Mr. Ken Kolling. The project consists of the subdividing of one residential lot into two residential lots on 5.2 acres of land in New Hanover County, NC. The applicant proposes to impact a total of .028 acres of wetlands in two different locations and 400 linear feet of stream in one location (within the first wetland impact). The impacts are necessary for the construction of a road which will provide access to the second lot. The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. A copy of the previously signed wetland survey and tearsheet are included for your convenience. Thank you for your assistance with this project. ?.incereiy, en shley Fu ral Environme al Scientist Encl. C: , Ms. Joanne Steenhuis, DWQ Mr. Ken Kolling Mr. Phil Bevilacqua, Bevilacqua Engineering, PC www.imgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 p9-1016 o? vl a tF9 r ?? r D Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: 404 Permit ? Section 10 Permit ® Section 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): NIA ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Kolling Subdivision 2b. County: New Hanover County 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: Kolling Subdivision 2e. NCDOT only, T.I.P. or state project no: N/A Q ? V 3. Owner Information 3a. Name(s) on Recorded Deed: Kenneth P and Mary A Kolling 3b. Deed Book and Page No. Book: 4586 Page: 0833 MW.V WA QUALITY 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 6304 Mitchell Hollow Road 3e. City, state, zip: Charlotte, NC 28277 3f. Telephone no.: (704)214-0584 3g. Fax no.: N/A 3h. Email address: Ken1dad@aol.com Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner): Applicant is not different from owner 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.., 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Ashley Futral 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: (910)452-0001 5f. Fax no.: (910)452-0060 5g. Email address: afutral@lmgroup.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): R06700-002-067-000 1 b. Site coordinates (in decimal degrees): Latitude: 34.16829 Longitude: - 77.85092 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 5.2 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to AICWW proposed project: 2b. Water Quality Classification of nearest receiving water: SA; ORW 2c. River basin: Cape Fear 03030005 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: There is currently one existing dwelling on the site. The site is partially cleared for residential use and partially vegetated. General use in the vicinity is for residential purposes. 3b. List the total estimated acreage of all existing wetlands on the property: -2.01 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: --60 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide a road for access to additional residential space. The site will be subdivided to provide two distinct residential areas, Lot 1 and Lot 2. The road will be built along the side of the property in order to maintain the privacy of Lot 1. 3e. Describe the overall project in detail, including the type of equipment to be used: The project consists of the filling of .028 acres of wetlands and impacts to 400 linear feet of stream for the installation of a roadway. The first wetland impact will contain a 36" culvert and Class B Rip-Rap. This impact is unavoidable since a public drainage easement runs through the wetland area. The City of Wilmington requires that the road be designed as shown in the site plan to maintain the integrity of the drainage easement. The stream exists within the boundaries of the first wetland impact. The second wetland impact will contain a 12" culvert. Sediment and erosion control measures will be taken in order to prevent the dissipation of fill material into non-permitted wetland areas. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ? No ? Unknown project (including all prior phases) in the past? Comments: SAW-2007-03401 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ®Final of determination was made? who delineated the jurisdictional areas? If yes 4c Agency/Consultant Company: Land Management Group, , . Inc. Name (if known): Corey Novak Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The jurisdictional determination was signed 2/4/2009 by Emily Hughes of the USACE. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a Is this a phased project? ? Yes ® No 6b. If yes, explain. N/A Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ®P ? T Culverted Road Crossing Bottomland Hardwoods ® Yes ? No ® Corps ? DWQ .013 W2 ®P ? T Culverted Road Crossing Bottomland Hardwoods ® Yes ? No ® Corps ? DWQ .015 ? Yes ? Corps W3 ? P ? T ? No ? DWQ ? Yes ? Corps W4 ? P ? T ? No ? DWQ ? Yes ? Corps W5 ? P ? T ? No ? DWQ ? Yes ? Corps W6 ? P ? T ? No ? DWQ 2g. Total wetland impacts .028 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Culverted Road Crossing NSA ® PER ? INT ® Corps ® DWQ -3' 400' ? PER ? Corps S2 ? P ? T ? INT ? DWQ ? PER ? Corps S3 ? P D T ? INT ? DWQ ? PER ? Corps S4 ? P ? T ? INT ? DWQ ? PER ? Corps S5 ? P ? T ? INT ? DWQ ? PER ? Corps S6 ? P ? T ? INT ? DWQ 3h. Total stream and tributary impacts 400' 3i. Comments: Page 5 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Open Water Impacts: N/A If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number- (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction: N/A If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ): N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ?Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? ?Yes B1 ?P?T ? No ? Yes B2 ? P ? T ? No ?Yes B3 ?P?T ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to the first wetland area are unavoidable due to the requirements of the City of Wilmington. Further impacts have been minimized and avoided on site by minimizing the number of lots the property is being subdivided into. By only dividing into two lots, the total impervious surface area has been greatly reduced. Impacts are limited to just two road crossings totaling .028 acres of wetland impact and .004 acres of RPW impact. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion Control measures will be taken to minimize impacts to the requested areas. Silt fencing will prevent erosion into wetland areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): N/A ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? N/A ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank: N/A 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) TType :aQuantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program: N/A 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan: N/A 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form -Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. N/A 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). N/A 6h. Comments: NIA Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: N/A 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 5.7% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: In lieu of a Stormwater Management Plan a City Drainage Plan is required. This plan has already been submitted and app roved. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? N/A ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review: N/A 3a. In which local government's jurisdiction is this project? ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review: N/A ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review: N/A 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? N/A 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed road will only allow access to Lot 1 and Lot 2. The road will not provide access to other parcels. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will tie in to municipal facilities. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? E:1 Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. N/A ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. Several species have been sighted over the years. The accuracy of these sightings is low and none fall within the project limits. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes _N No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. No data was depicted for the project area. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The National Trust for Historic Preservation website mapping resource was used to determine the presence of cultural resources. No cultural resources were found. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100-year floodplain. The project site does not fall within these boundaries. Ashley R. Futral * 6 9/17/2009 Applicant/Agent's Printed Name ntS ture pli Date (Agent's signature is valid onletter from the applicant Page 11 of 11 LMG LAND MANAGEMENT GROUP nia Environmental Consultants Agent Disclosure Farm To Whom It May Concern: Uwe, the undersigned, hereby authorize Land Management Group, Inc., to act as our agent in the preparation and representation of information submitted within the 404/401 and/or CAMA applications and/or septic permits. All questions in regards to this application should be directed to Land Management Group, Inc. Please provide the following information: Property Address/Project Name: 7SO M000 Bci?L' W1 L-A Lk? C-TCA-) I QC Zs+()-l Sincerely, I K-0-R (A Print Owner_ -4D6licant Xa /? ?I _ , / A/- Sign Owner/Appl?ic?nt?N#?m?e L ; Date www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 P.O. Box 2522, Wilmington, NC 28402 New Hanover County PARID:R06700-002-067-000 KOLLING KENNETH P MARY A Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip Page 1 of I 7807 MASONBORO SOUND RD 314516.84.0090.000 7807 MASONBORO SOUND RD WILMINGTON 5112 RES-Residential 10-1 Fam Res 1 5.2 R-20-RESIDENTIAL DISTRICT ( 5.20 ACRES) TR A ELEANOR HERVEY DIV (1.4 AC. SUBMERGED) WM KOLLING KENNETH P MARY A CHARLOTTE NC 28277 THE DATA IS FROM 2009 http://etax.nhcgov. com/Fonns/PrintDatalet.aspx?pin=R06700-002-067-000&gsp=PROFIL... 8/24/2009 D ' 117(?t k 74 i ?s¦ 132 e I -? ._ ` .rT r f Ugn?-of N C '6lii ?i t .s,9 A4d ., .; ' i»ter Park ?c7 8` 117W ?Os?` } . __ r`'Ul r` igfit sviile Beach _1 f. o SITE asQnboy i _ 4YAHO Nt7(tf11 sfi National n Q 5. 1 F( pt- vC -' Mtp ?FY ._ a pFN ?A[ RD M, iv, r476 v c .?til7i SI?)i} sFrT Cake Ft Ugsorio?c Grave !q rand fi. 'Boundaries are approximate and are not meant to be absolute Map Source: North Carolina Atlas & Gazetteer. Pg 84.2003 SCALE 1" = 1 Mile Ken Kolling 1 LMG Kolling S/D Fi ure 1 of 5 New Hanover County, NC _ 9 40-09-131 www.LMGroup.net Vicinity Map Phone: 910.452.0001 •1.866.LMG.1078 August 2009 Fax: 910.452.0060 P.O. Box 2522, Wilmington. N(' ?R4?2 Toundaries are approximate and are not meant to be absolute. Map Source: Wrightsville Beach Quadrangle 7.5 minute (topographic) 1990. SCALE V = 1200' Ken Kolling LMG Kolling S/D Figure 2 of 5 New Hanover County, NC _ 40-09-131 www.LMGroup.net USGS Topgraphic Map Phone: 910.452.0001 •1.866.LMG.1078 August 2009 Fax: 910.452.0060 P.O. Box 2522, Wilmington, NC 28402 Y? ? n tG ,' rnone: 91U.452.0001 •1.866.LMG.1078 August 2009 Fax: 910.452.0060 P.O. Box 2522, Wilmington, NC 28402 *Boundaries are approximate and are not meant to be absolute. Map Source: 2006 NAPP Aerial Photography 4 lm? SCALE 1" = 300' Ken Kolling L? Kolling S/D New Hanover County, NC _ Figure 4 of 5 40-09-131 www.LMGroup.net Aerial Photograph Phone: 910.452.0001 •1.8661MG.1078 August 2009 Fax: 910.452.0060 P.O. Box 2522, Wilmington, NC 28402 ON'UMDUIWII woo•WooPoatusm psoa puno$ oaoquos8w MU 4890-43Z (40L) U n DU o g u? Pa M-U-H P431 M 40£9 SPUBR®M 6uII10M AID14 A uaN JKLI+o SNOISIA'm - -rT ' / `B? sp 94 ?' • • O. ,£ y9 N .;; .. 4• O 04 II I: ;':po.; W °a 1 'Fj I 8 O I 'i \ w - :I 1 Z I?° I 4? I N 8 ? 3 I sr ?a I } ?3 nR Q LV'• - ' lD tai 'i e m? a,]"i I Q) I ? N I N II I ? Z J W w0rltow}040do nbool"a 4040-49Z (018) a e a - L048Z ON 'uo36ulwlLM o -AAv 439 'S 9t4 •:)•a lJuFwu!,nJag r-nb3"q 1 I Lt I - a 0 G O I O N p Q ? N a? --aJ I a I ) ?U) c 0 d- ' O ? ? N I nn`` I \ W U ' a? Q U N a I. (? U? I •? o ?, a +I G -p ?N3;: D> o O d- i v? ?in I E c) ?° c: N N , x I v -? A m 0) E 0 > (D) (n X U I =? _°? I W U (n \ Oc- ,I 4 S10 CY) ,,O 3 a a a a g g? a N II j W (nZ J W I G 4-1 N 1 ? O I I 11 0 (n 0 1 ' j Cl- N 1 N ct? of 10 I c E > C) I o??UZW I 1 / _ o N ?t \? r7 d D %OAD O ? u o a) 'C'4 ? C) II L v Z U v X \ ? .a ? ? ? L1.1 N 1 Q) I) ? II a- N - E V > ? Q) 0 QCf)? 0 0 ?-1 1? Z LJ W :2 a I W F I_ nl n P nr O d• I I r W J U OF 3 mo rc as U 3 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2007-03401 County: New Hanover U.S.G.S. Quad: Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Kenneth P. Kollinu Address: 6304 Mitchell Hollow Rd. Charlotte. NC 28277 Telephone No.: (910) 267-4531 Agent: Land Management Group, Inc. Attn: Donnie Beale Address: P.O. Box 2522 Wilmington, NC 28402 Telephone No.: (910) 452-0001 Property description: Size (acres) 5.2 Nearest Town Wilmington Nearest Waterway AIWW River Basin Cape Fear River USGS HUC 03030005 Coordinates N 34.168291 W -77.850926 Location description: The parcel is adiacent to the Atlantic Intracoastal Waterway and is located at 7807 Masonboro Sound Road, Wilmington, New Hanover County, North Carolina. Parcel ID Number: R06700-002-067-000 Indicate.Which of the Followin1l Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands on the above described project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters of the U. S. including wetland 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 CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 2/04/09. 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 project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our Page 1 of 2 Action ID: SAW-2007-03401 published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Mrs. Emily Hughes at (910) 251-4635. C. Basis For Determination The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and contains unnamed tributaries which flow to the Atlantic Intracoastal Waterway, a Section 10 Navigable Water. This determination is based on information submitted by Land Management Group, Inc., and a site visit conducted by Emily Hughes of the Army Corps of Engineers on January 29, 2009. D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Emily Hughes, Project Manager, Wilmington Regulatory Field Office 69 Darlington Ave. Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 4 April 2009. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: j? A4 A ?`-tTl A 4 ... Date: 4 February 2009 U ' E piration Date: 4 February 2014 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.ariny.mil/WETLANDS/index.html to complete the survey online. Page 2 of 2 r ^VMY;>VM lVlf VO,r6VY1 N1 OLLNVyLV . e E ! "_ -f, y Ml-8134 _pa 3?7 Aw` S .? ! !'? ! ? - - /\ ! d=ioa " I w W ?o.olll i_V Q ANH 4 W M?6L NM11 n i ?&n E?C ?3 ?ZcT ?tti b" gao L ?R&? 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