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
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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
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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
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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
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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
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