HomeMy WebLinkAbout19941084 Ver 2_Individual_20090928°1�k- �0S4 va.
50utke,rn Lnvironmcntal C3roup, Inc.
5515 South College }load, `suite r • Wilmington, North Carolina 7-8+17-
9 10--+52-271
8412
910.452.271 1 • rax: 910.452.2899 • office@segi.us
www.segi.us
PAID
24 September 2009
Hand Delivery
Mr. Ian McMillan
401 Oversight/Express Review Permitting Unit
Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: 216 Sand Hills Drive East
Treybrooke Subdivision
Wilmington, New Hanover County
DWQ Project #: 941084
Dear Mr. McMillan:
LB
SFPl E 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
[SEGi Project #04-122.011
Our firm has been retained by Mr. Forrest Turner, of University Group, Inc., to pursue an
Individual Permit to impact approximately 0.02 acre (817 square feet) of jurisdictional wetlands
to facilitate the development of a single family residential dwelling at 216 Sand Hills Drive East.
This is necessary as the impacts are being treated cumulative with impacts associated with the
development of the existing Treybrooke Subdivision. The parcel is a 0.46 acre undeveloped,
wooded lot, containing both uplands and wetlands. The uplands on-site total 0.35 acre and the
wetlands total 0.11 acre. The parcel is located in Masonboro Township, Wilmington, New
Hanover County, North Carolina.
Construction on the Treybrooke subdivision began in 1995. Impacts to wetlands, associated with
the development of this subdivision, were first authorized by the US Army Corps of Engineers
(Corps) on 11 January 1995. The authorized impacts included the filling of 1.14 acre of
wetlands, which was permitted under a joint Nationwide Permit 14 and 26, -for the purpose of -
constructing two road crossings across two separate wetland systems; providing access to the
high -ground property; connecting the roads to an existing stub -out; and, providing a sewer
connection for the proposed subdivision. These impacts were also approved by the Division of
Water Quality's (DWQ) 401 program, on 07 December 1994. In 1997, a second application was
submitted on behalf of the Applicant, and requested an additional 0.47 acre of fill. Of that
requested fill, only 0.38 acre was ever implemented, therefore, the total cumulative wetland
impacts associated with the development of the Treybrooke subdivision, prior to this request, is
1.52 acres. These historic impacts are further discussed, and documented, in the "Existing
5E -6i
Conditions and Project History" section of the Supplemental Narrative (see Attachment 2).
The proposed... mitigation plan has been developed to offset permanent and temporal losses of
0.02 acre of non -riparian wetlands and their functions, which may result due to the proposed
construction of the single family residential dwelling and attendant features. Mitigation is being
proposed to protect the resources and water quality found in the immediate drainage area, the
Cape Fear Drainage Basin. However, please note, the site falls into the White Oak River Basin.
Based on that fact, the Applicant intends to provide compensatory mitigation via payment to the
NCSU Hoffman Forest Wetland Mitigation Bank (HFWMB), at a 2:1 ratio, thereby providing
0.04 acre of mitigation for the proposed impact. This mitigation plan should guarantee that the
Corps' "no net loss of wetlands" policy is adhered to, as well as ensure that the temporal losses of
function of the aquatic resources are minimized to the greatest extent possible. Please note, the
mitigation offered is pursuant to the requirements addressed in 40 CFR 230. Due to the fact that
only 404 jurisdictional wetlands are proposed to be impacted, not coastal wetlands, mitigation
pursuant to 15 NCAC 07M .0703 is not being offered for this project.
Furthermore, a site-specific evaluation by the the Natural Heritage Program (NHP) determined
there were no records of rare species, significant natural communities, significant heritage areas,
or conservation/managed areas on the site. Per advice from the NHP, SEGi reviewed their
database for listings of rare plants and animals and significant natural communities in the
County. SEGi also researched information on element occurrences and significant natural
heritage areas. SEGi's review of these databases indicated there were no rare plants and animals,
significant natural communities, element occurrences or significant natural heritage areas likely
to be found in the vicinity of the project.
Attached you will find 4 copies of the permit application, supplemental documentation, and
associated attachments. One copy has been mailed to Ms. Joanne Steenhuis at the WiRO. If you
have any questions or concerns regarding this project, please feel free to contact our office at
910.452.2711. Thank you in advance for your time and consideration.
Sincerely,
T,
Dana A. Lutheran
SEGi Project Manager
cc: Ms. Joanne Steenhuis (1)
Enclosures: (22)
1. Individual Permit Application
2. Supplemental Documentation
SEGS
Conditions and Project History" section of the Supplemental Narrative (see Attachment 2).
The proposed mitigation plan has been developed to offset permanent and temporal losses of
0.02 acre of non -riparian wetlands and their functions, which may result due to the proposed
construction of the single family residential dwelling and attendant features. Mitigation is being
proposed to protect the resources and water quality found in the immediate drainage area, the
Cape Fear Drainage Basin. However, please note, the site falls into the White Oak River Basin.
Based on that fact, the Applicant intends to provide compensatory mitigation via payment to the
NCSU Hoffinan Forest Wetland Mitigation Bank (HFWMB), at a 2:1 ratio, thereby providing
0.04 acre of mitigation for the proposed impact. This mitigation plan should guarantee that the
Corps' "no net loss of wetlands" policy is adhered to, as well as ensure that the temporal losses of
function of the aquatic resources are minimized to the greatest extent possible. Please note, the
mitigation offered is pursuant to the requirements addressed in 40 CFR 230. Due to the fact that
only 404 jurisdictional wetlands are proposed to be impacted, not coastal wetlands, mitigation
pursuant to 15 NCAC 07M.0703 is not being offered for this project.
Furthermore, a site-specific evaluation by the the Natural Heritage Program (NHP) determined
there were no records of rare species, significant natural communities, significant heritage areas,
or conservation/managed areas on the site. Per advice from the NHP, SEGi reviewed their
database for listings of rare plants and animals and significant natural communities in the
County. SEGi also researched information on element occurrences and significant natural
heritage areas. SEGi's review of these databases indicated there were no rare plants and animals,
significant natural communities, element occurrences or significant natural heritage areas likely
to be found in the vicinity of the project.
Attached you will find 4 copies of the permit application, supplemental documentation, and
associated attachments. One copy has been mailed to Mr. Chad Coburn, at the WiRO. If you
have any questions or concerns regarding this project, please feel free to contact our office at
910.452.2711. Thank you in advance for your time and consideration.
Sincerely,
T�-&f
Dana A. Lutheran
SEGi Project Manager
cc: Mr. Chad Coburn (1)
Enclosures: (22)
1. Individual Permit Application
2. Supplemental Documentation
SF -61I
3. Tear Sheet and Wetland Boundary Survey (dated 04 April 2008)
4. Nationwide Permit (NWP) 14 and 26 (issued 11 November 1995)
5. 401 Water Quality Certification (issued 07 December 94)
6. Notice of Violation from the Division of Water Quality (DWQ) (issued 06 May
1997)
7. NWP 26 (issued 04 August 97)
8. Tear Sheet and Wetland Boundary Survey (dated 12 June 2000)
9. DWQ Correspondence Regarding Inability to Locate Requested File
10. Stormwater Permit (issued 17 January 1996)
11. Sedimentation and Erosion Control Permit (issued 05 June 1995)
12. Soils Map
13. Impact Map and Cross -Sectional Drawing
14. Empty
15. Treybrooke Recorded Restrictive Covenants
16: HFWMB Acceptance Letter
17. Correspondence from Natural Heritage Program
18. Copy of the Deed
19. Aerial Photograph
20. Property Owner Tax Information
21. Vicinity Map for Subject Parcel
22. Agent Authorization Letter
23. $240 Filing Fee (to the Raleigh office only)
Application for Department of the army Permit
OMB APPROVAL NO. 0710-0003
(33 CFR 325)
Expires December 31, 2004
The Public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters
Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 222024302; and the Office of Management and Budget, Paperwork
Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to
comply with a collection of information if it does not display a current valid OMB control number. Please DO NOT RETURN your forms to either of those addresses. Completed
applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404,33 USC 1344; Marine Protection, Research and Sanctuaries Act, 33 USC 1413, Section 103.
Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice
and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be
evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and
instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not complete in full will be returned.
(ITEMS 1 THRU 4 SHOULD BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME
S. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
Mr. Forrest Turner
Southern Environmental Group, Inc.
6. APPLICANTS ADDRESS
9. AGENT'S ADDRESS
1904 Eastwood Road, Suite 212, Wilmington, NC a $ L4 o3
5315 South College Road, Suite E, Wilmington, NC 28412
7. APPLICANT'S PHONE NOS. W/AREA CODE
10. AGENT'S PHONE NOS. W/AREA CODE
a. Cellular 910.538.2720
a. Residence
b. Business 910.256.1045
b. Business 910.452.2711
11. Statement of Authorization
I hereby authorize, Southern Environmental Group, Inc. - Dana Lutheran to act in my behalf as my agent in the processing of this application and to furnish,
upon request, supplemental information in support of this permit application.
See Attached Letter of Agency
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (if applicable)
Lot 33 Treybrooke Subdivision / 216 Sands Hill Drive East SEQ Project #: 04-122.01
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
On-site feature is a man-made ditch, which crosses under
216 Sands Hill Drive East
Masonboro Loop Road, and eventually becomes a natural
channel. The natural channel discharges to the Atlantic
Wilmington, NC 28409
Intracoastal Waterway, near the mouth of Hewlett's Creek.
15. LOCATION OF PROJECT
New Hanover NC
COUNTY STATE
16. OTHER LOCATION DESCRIPTION, IF KNOWN (see instructions)
Lot 33R Section 1B TREYBROOKE (PID: R06713-005-033-000)
17. DIRECTIONS TO THE SITE: From UNCW, head south on South College Road. Take a left on Oleander Drive. Take a slight right onto Pine
Grove Drive. Take a right at Masonboro Loop Road. Turn right onto Treybrooke Drive. Turn right onto Sands Hill Drive East. Subject parcel
is undeveloped lot on cul-de-sac.
ENG FORM 4345, JUL 97
EDITION OF FEB 94 IS
OBSOLETE
Proponent: CECW-OR
18. Nature of the Activity: (Description of Project, include all features)
The project will include the placement of approximately 0.02 acre of clean earthen fill material within 404 jurisdictional
wetlands, to allow for the construction of a single family residence. Please see supplemental documentation for
specifications.
19. Project Purpose: (Describe the reason or purpose of the project, see instructions)
The Applicant suggests that the purpose of this project is to allow for the construction of the building foundation,
building pad, and attendant features necessary for the use of a personal residence, including a garage and yard.
USE BLOCKS 20.22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
The Applicant is proposing to fill approximately 0.02 acre of wet flat wetlands for the purpose of constructing a single
family residential structure, including a yard and a garage, to be located within the Treybrooke subdivision.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Clean earthen fill material will be used for this project. Approximately 120.6 cubic yards of fill will be utilized.
22. Surface Area in Acres of Wetlands or Other Waters Filled: (see instructions)
The Applicant is requesting to fill approximately 0.02 acre of wet flat wetlands. These impacts shall be treated
cumulatively with previous impacts associated with the Treybrooke subdivision, which totaled 1.52 acres. An additional
0.09 acre of fill was requested, but was never implemented (see supplemental documentation for further information).
Thus, the overall impacts associated with the Treybrooke subdivision, including this request, totals 1.54 acres.
23. Is Any Portion of the Work Already Complete? Yes No_x-, IF YES, DESCRIBE THE COMPLETED WORK
While there is an existing residential subdivision surrounding the subject parcel, no portion of the proposed project has
taken place on the subject parcel.
24. Addresses of Adjoining Property Owners, Leases, Etc., Whose Property Adjoins the Water body (if more than can be entered here, please attach
a supplemental list
The subject parcel does not adjoin a named waterbody. The man-made ditch on the subject parcel leads to a natural
channel, which could be considered an unnamed tributary to Hewlett's Creek, but the ditch itself should not be
considered a "waterbody".
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in this Application.
A Division of Water Quality 401 Certification is being requested concurrently with this application. The State
Stormwater Division issued a Stormwater permit on 17 January 1996, SW8 950502 Modification, which is still valid.
According to Ms. Beth Easley -Wetherill, due to the small scope of this project, a Sedimentation and Erosion Control
Permit will not be necessary for this project.
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete an accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
O% -Z �-
Signature of Applicant Date Signature of Agent Date
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent
if the statement in block 11 has filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or make any false fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned no more than five years or both.
Soutkcrn Environmental Group, Inc.
5315 South College Koad, juite r • Wilmington, North Carolina 28412
910.452.271 1 • rax: 910.452.2899
www.segi.us
Attachment 2
Supplemental Documentation to the
Individual Permit Application
for
216 Sands Hill Drive East
Applicant
Mr. Forrest Turner
1904 Eastwood Road
Suite 212
Wilmington, NC 28403
21 September 2009
Agent
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (Office)
910.452.2899 (Facsimile)
21 6 Sands Hill ]give [2/1 6]
SEGS
fix' y
^`
- ` £ �*d,�C� t
Location
3
Existing Conditions and Project History
4
Wetland Systems
6
Project Description
7
Sequence of Events
8
Purpose and Need
8
Alternatives
9
No Action
9
Other Project Designs
10
Other Project Locations
10
Minimization
11
Proposed Compensatory Mitigation
11
Payment to the Hoffman Forest Wetland Mitigation Bank
11
Adjacent Property Owners
14
Other Authorizations
14
Citations
15
Figures
16
216 Sands hill Drive [3/16]
Location
SEG
The proposed project is located at 216 Sands Hill Drive East, in the Treybrooke subdivision, in
Wilmington, New Hanover County, North Carolina (34.17391N, -77.8642°W). To access the
site from UNCW, head south on South College Road. Take a left on Oleander Drive and a slight
right onto Pine Grove Drive. Take a right at Masonboro Loop Road. Turn right onto Treybrooke
Drive and then turn right onto Sands Hill Drive East (Attachment 19). The subject parcel is the
undeveloped lot located on the cul-de-sac and is referenced by the New Hanover County GIS
system as Parcel ID #: R06713-005-033-000 (Attachment 20).
Figure 1: Location of site, depicted by red
The subject parcel is comprised of approximately 0.46 acre of land. According to the wetland
boundary survey, there are 0.11 acre (4,901 square feet) of wet flat wetlands on site. The
remaining 0.35 acre (15,068 square feet) of land is considered uplands. Setbacks and drainage
easements encompass the perimeter of the subject parcel, thereby inhibiting portions of the 0.35
acre of buildable uplands.
The property located to the north, 217 Sands Hill Drive East, contains a residential dwelling and
is owned by Alfred and Kimberly Morris. To the east, the subject parcel abuts three properties:
3702 Masonboro Loop Road (an undeveloped parcel, owned by Ms. Loretta Evans); 3708
Masonboro Loop Road (a parcel containing a residential structure, owned by Mr. Herbert
216 Sands hill Drive [4/1 61 SEG
Durant); and, 3714 Masonboro Loop (a parcel containing a residential structure, owned by Mr.
Rudolph Dixon ETAL). The property found to the south of the subject parcel, 5103 Avine
Court, is an undeveloped parcel owned by the Treybrooke Home Owners Association, and is
used as the common drainage area for the subdivision. Finally, the property to the west of the
subject parcel, 212 Sands Hill Drive East, has a single family residential structure on it, and is
owned by Philip and Lynn DeFoggi.
2: Project location, with the subject parcel outlined in yellow.
Existing Conditions and Project History
The subject parcel is located in an existing low-density subdivision, Treybrooke, and is owned by
Mr. Forrest Turner, of University Group, Incorporated (herein referred to as "Applicant"). The
parcel is a 0.46 acre undeveloped, wooded lot, containing both uplands and wetlands. The
uplands on-site total 0.35 acre and the wetlands total 0.11 acre. The most recent wetland
delineation was performed by Southern Environmental Group, Inc. (SEGi), on 25 October 2007.
The delineation was field by Ms. Kimberly Garvey on 06 February 2008. The jurisdictional tear
sheet and wetland boundary survey were signed by Ms. Garvey on 04 April 2008 (see
Attachment 3).
Construction on the Treybrooke subdivision began in 1995, by the developer of the subdivision,
University Group, Incorporated (herein referred to as University Group — please note, these
impacts took place prior to Mr. Forrest Turner's employment at the company). Impacts to
wetlands, associated with the development of this subdivision, were first authorized by the US
Army Corps of Engineers (Corps) on 11 January 1995. The authorized impacts included the
216 Sands Hill Drive [5116] sr-Gi
filling of 1.14 acre of wetlands, which was permitted under a joint Nationwide Permit 14 and 26,
for the purpose of: constructing two road crossings across two separate wetland systems;
providing access to the high -ground property; connecting the roads to an existing stub -out; and,
providing a sewer connection for the proposed subdivision (see Attachment 4). These impacts
were also approved by the Division of Water Quality's (DWQ) 401 program, on 07 December
1994 (see Attachment 5).
The subdivision was issued a Notice of Violation (NOV) letter by the DWQ on 06 May 1997.
According to the NOV, the DWQ observed unauthorized fill material in wetlands near the
intersection of Treybrooke Road and Sands Hill Drive. Also, fill and utilities for another cul-de-
sac had been put in wetlands at the end of Sands Hill Drive, and the wetlands on the southwest
corner lot of the intersection had been filled. The NOV also stated that, in addition to the
unauthorized fill, the inspectors observed the "presence of large ditches and two turnouts in the
curbing within the larger wetland area adjacent to Masonboro Loop Road". The NOV requested
either the unauthorized fill be removed, or a new application be submitted for the additional
impacts that were observed on-site (see Attachment 6).
A new application was submitted, on behalf of University Group, requesting after -the -fact
authorization for the 0.38 acre of unauthorized fill discussed in the paragraph supra. The new
application also requested an additional 0.09 acre of fill, associated with making the land at 216
Sand Hills Drive East, within the Treybrooke subdivision, buildable. Overall, an additional 0.47
acre of fill was requested in the second application. These impacts were authorized under a
modified Nationwide Permit 26, issued 04 August 1997 (see Attachment 7). A review of the
past two wetland boundary surveys, one dated 12 June 2000, and the more recent dated 01 March
2008 (see Attachments 8 & 3), provided verification that the requested 0.09 acre of fill associated
with 216 Sand Hills Drive, was never implemented. University Group stated they were unsure as
to why this area was not impacted in 1997, but thought the permit may have expired prior to the
fill being put in place. With that in mind, the cumulative impacts within the Treybrooke
subdivision, prior to the submittal of this application, total 1.52 acres of fill.
Project numbers, assigned by the regulatory agencies, and associated with the Treybrooke
subdivision, include those listed below:
,
USACE
NWP 14 & 26
199500689
01/11/95
01/11/97
USACE
NWP 26
199707663
08/04/97
12/13/98
USACE
Signed Tear Sheet
200001675
09/18/00
09/18/05
USACE
Signed Tear Sheet
SAW -1995-689
04/04/08
04/04/13
216 jands Hill Drive [6/16] sr -6i
DWQ
401 Water Quality
941084
12/07/94
Unknown (see
Certification
Attachment 9)
State Stormwater
Stormwater Permit
SW8 950502
01/17/96
Until Rescinded
Modification
(see Attachment
10)
Sedimentation & Erosion
29-95
04/05/95
06/05/95 (see
NC DENR DLR
Control Permit
Attachment 11)
Sedimentation & Erosion
29-95
10/02/95
10/02/96
NC DENR DLR
Control Permit
Southern Environmental Group, Inc. (SEGi), attempted to perform a file review at the DWQ, to
review any additional 401 Certifications that may have been issued for the Treybrooke
subdivision. Unfortunately, the DWQ was unable to produce the requested file. Therefore, SEGi
is unable, at this time, to include any further information pertaining to DWQ certifications and/or
resolutions associated with the Treybrooke subdivision (see Attachment 9).
Wetland System
The wetland type within the project area may be classified as a wet flat wetland. The wetland
complex has a canopy layer of. Acer rubrum (Red maple); Nyssa sylvatica var. biflora (Swamp
tupelo); and, Pinus taeda (Loblolly pine). While the canopy layer provides for nearly 100%
cover, the fern Woodwardia areolata (Netted chainfern) was present in the wetland's understory.
Wet flat wetlands are generally flat areas in interstream divides. These
areas are seasonally saturated or inundated by a high or perched water
table. Summer water tables may be three or more feet below the surface.
This wetland type stores rainfall, allowing it to slowly drain from saturated
soil into surface streams and ground water. Most subtypes of wet flats are
common and do not typically provide habitat for rare species.'
The wetlands on-site are part of a complex that is drained by a man-made ditch, which crosses
under Masonboro Loop Road, and eventually becomes a natural channel. The natural
channel/unnamed tributary discharges to the Atlantic Intracoastal Waterway, near the mouth of
Hewlett's Creek. The upper end of the water course, near the wetland evaluated, is a man-made
channel until it enters a natural channel, approximately 1/2 -mile to the east of the site.
The quality of the wetland is limited, as it is surrounded by human development and is connected
to the remainder of the wetland system via a seasonal "relatively permanent water" (man-made
ditch). Its function is primarily flood storage and the removal of contaminants, likely serving as
a filter for chemicals used on adjacent parcels for home and garden maintenance (i.e. fertilizers,
pesticides, and/or herbicides). Since the flow through the channel is seasonal, surface water is
rarely seen in this system.
1 A Field Guide to North Carolina Wetlands. Department of Environment, Health and Natural Resources Division of
Environmental Management, January 1996.
2-16 Sanas Hill Drive [7/1 6) 5 r-6 i
This wetland area may provide habitat for various amphibeas, reptiles and higher vertebrates as
part of a wetland mosaic surrounded by human development. The small size of this wetland
complex, and the lack of a connection to other undeveloped areas, limits its habitat value.
Indicators of hydrology include drainage pattern in wetlands and water -stained leaves.
Two soil types, found on the subject parcel, were mapped within the Soil Survey of New
Hanover County. North Carolina (see Attachment 12). According to the mapped survey, the two
types of soil are classified as Leon sand (Aeric Haplaquods) and Murville fine sand (Typic
Haplaquods):
Leon sand is a nearly level, poorly drained soils found on rims of
depressions or on smooth flats. Permeability is rapid in the surface layer,
moderate to moderately rapid in the subsoil, and very rapid in the
underlying layer. The available water capacity is low, and the seasonal
water table is at or near the surface.2
Murville fine sand is a nearly level, very poorly drained soil on flat or
slightly depressional areas. Permeability is rapid in the surface layer and
moderately rapid in the subsoil. Available water capacity is low, and the
seasonal high water table is at or near the surface. This soil is frequently
flooded for brief periods.2
Project Description
The purpose of this project is to facilitate the development of residential lot, within an existing
subdivision, by providing an adequate building envelope, which will accommodate a one -and -a -
half story residential dwelling, garage, and yard. The Applicant is proposing 0.02 acre of fill,
which will allow for the aforementioned construction of the structures, as well as other necessary
features, such as a retaining wall, building foundation and building pad (see Attachments 13 &
14). The proposed single family home is to be located within the Treybrooke subdivision, and
will be architecturally and structurally consistent with existing homes in the community.
Wet flat wetlands cover a large portion of the northwestern corner of this parcel. A wetland
finger extends to the center of the property. Overall, 0.11 acre (4,901 square feet) of wetlands
were delineated and surveyed on the subject property. The remaining 0.35 acre (15,068 square
feet) on the property are considered uplands. The majority of the residential structure will be
constructed on uplands, but 0.02 acre (814 square feet / 120.6 cubic yards) of wetland fill is
necessary to create an adequate building envelope, while still adhering to setback requirements
and other subdivision restrictions (see Attachment 15).
A fifteen (15) foot drainage easement is located along the western property boundary. The
restrictive covenants for the subdivision require a thirty (30) foot setback from the front property
2 Soil Survey of New Hanover County. North Carolina United States Department of Agriculture, April 1977.
216 Sands Hill Drive [8/16) SE -6'
line of the lot, and a seven and a half (7.5) foot setback both both side yards, though the seven
and half (7.5) setback restriction, along the western property boundary, is contained wholly
within the existing drainage easement discussed supra. There is a twenty (20) foot setback off
the rear property line, and a ten (10) foot drainage easement on the eastern property line.
In addition to the setback requirements, the restrictive covenants for the Treybrooke subdivision
also addresses the minimum size of proposed residential structures in the subdivision. According
to the restrictive covenants, "No house plans will be approved unless the proposed house shall
have a minimum of 2000 square feet of enclosed heated dwelling area... Provided further that all
houses have an attached or detached single or two car garage." The Applicant's proposed
dwelling totals 2100 square feet in size, with a 25 foot by 20 foot attached garage. This design
meets the minimum design standards listed within the restrictive covenants for the subdivision,
while also meeting all setback requirements associated with the development.
While the project does not require a Sedimentation and Erosion Control Permit, silt fencing will
be erected along all areas of on-site wetlands, and along the on-site drainage easements, in order
to prevent extraneous for wetland impacts and to reduce the potential for sediment to enter
waters of the State. The Applicant is proposing to construct a retaining wall, which will stabilize
the fill material. After the retaining wall is installed, and the fill material incorporated, the filled
area will be sodded.
Heavy machinery will be used in this project, such as a bulldozer, grader, back hoe and track hoe,
etc. The machinery will be used to clear the land, stabilize the soil, establish grade and to
transport and deposit the proposed fill material within the project boundaries.
Sequence of events
The proposed schedule for this project is dependent on the issuance of the appropriate
authorizations. Once the permits have been issued, the Applicant would like to begin work
immediately, starting with the installation and implementation of sedimentation and erosion
control structures. Next, the Applicant would have the subject parcel prepared for development
by clearing the land, stabilizing the soil and establishing grade. After that, the retaining wall
would be constructed. Fill material would be brought in, to allow for the developer to create an
adequate building envelope, which will accommodate a one -and -a -half story residential dwelling,
a garage and a yard. Finally, once the land has been adequately prepared, the Applicant would
construct the home and attendant features.
Purpose and Need
The purpose of this project is to construct a single family home and attendant features on the
subject parcel, while impacting the least amount of wetlands possible.
The fill is necessary to facilitate the installation of a retaining wall and construction of the
21 6 jands Hill ]give [9/16] 5 E-61
dwelling and associated attendant features (yard, garage, etc.). The requested acreage of fill will
allow the proposed structure to conform to the restrictive covenants for the subdivision, will also
maintain the architectural harmony of the subdivision and will provide a small side yard, which
would provide future homeowners with unrestricted access to the rear yard, for their use and
enjoyment. If the developer were to not provide a small area of side yardage, it may prove to be
a selling hardship, as the home may be overlooked by potential buyers if there is only one side
yard, contained wholly within a 7.5 foot setback, with the other side yard containing only
wetlands. The value of the land, as well as the future value of the house, could be inhibited by
restricting access to the rear of the property.
The land on which the subject parcel is situated can be considered highly desirable as a
residential property. The parcel is located on a back corner lot of a cul-de-sac in the rear of the
subdivision, in a quiet neighborhood. The location of the parcel makes this an ideal lot to
develop, as the purchaser of the land will be able enjoy the safety and quiet that life on a cul-de-
sac, and within the Treybrooke subdivision, has to offer.
At this time, there are three houses within the Treybrooke subdivision that are for sale. The
average asking price of these houses is $392,800. The average price per square foot of these
houses totals $157.37. The subject parcel is located on a quiet cul-de-sac, in the rear of the
subdivision, away from the main thoroughfare for this area and is in a desirable location for
families with small children, or those looking to enjoy a quiet lifestyle. According to the New
Hanover County Register of Deeds, the land at 216 Sand Hills Drive is valued at $50,000.
Adding the average house price to the land value provides an estimated potential income of
$442,800. Should this parcel not be developed, the Applicant stands to lose a significant amount
of potential income. Taking into consideration the location of the lot, on a quiet cul-de-sac, the
lot being located a good distance from the entrance to the subdivision or any main roadway, and
the architectural integrity of the neighborhood, the average asking price per square foot, as well
as the average asking price per house on the real estate market, denying the developer the ability
to construct the proposed dwelling on this parcel will prove to be an undue economic hardship.
Additionally, coastal wetlands are not anticipated to be impacted by this project, and the project
is located outside any Areas of Environmental Concern (AECs) and, according to the Natural
Heritage Program, the site "has no record of rare species, significant natural communities,
significant natural heritage areas, or conservation/managed areas at the site nor within one mile
of the project area" (Attachment 17).
Alternatives
The Applicant investigated other potential means of developing the subject parcel, and has been
unable to find a practicable alternative that would achieve his goal and meet his stated purpose.
• No action:
21 6 cjands hill Drive 110/161
The no action alternative is that alternative which does not require a Department of the
Army authorization. There is no practicable manner in which this project could be
completed on this site without a permit to discharge fill material into wetlands.
Relocating the proposed structure to completely avoid wetland impacts would require that
the structure encroach the side -yard setback requirements, or encroach upon a drainage
easement, both actions which are prohibited within the subdivision's restrictive
covenants. In addition, a reduction in size of dwelling, by 100 square feet, would still
result in the same amount of proposed impacts to wetlands, as the wetland finger in
question extends to the center of the property and inhibits the use of the lot. The no
action alternative would render the lot undevelopable and cause a significant economic
loss to the Applicant, therefore, the no action alternative is not a viable option for this
project.
• Other project designs:
Additional designs were considered, and rejected, because they did not adhere to the
restrictions set forth in the subdivision's Declaration of Covenants, Conditions and
Restrictions. For example, one design had the building footprint encroaching the side
yard setback. A second design had the footprint encroaching the rear setback line, and
also encroaching into the drainage easement. A third design called for much larger
impacts to wetlands. A smaller house footprint was proposed, but was also rejected, as
the restrictive covenants require all residential structures within the subdivision have at
least 2000 square feet of heated living space. The construction of a smaller house on the
subject parcel would not adhere to the recorded restrictive covenants. A two-story
dwelling was considered, but was rejected, because two story houses are less desirable for
home buyers and often prove harder to sell. From a business standpoint, there is more
economic incentive to build a one story house versus a two story house. With these
factors in mind, the Applicant suggests that the proposed layout is the only practicable
option for this parcel.
• Other project locations:
The Applicant, Mr. Turner, owns another parcel within the Treybrooke subdivision,
located at 3801 Daphine Drive. This parcel has already been developed, and houses Mr.
Turner's personal residence. Therefore, would not meet the stated purpose and need of
this project.
Aquisitioning additional property for development is not a viable option, as the economic
downturn has significantly affected the development industry. Banks are cautious to
provide loans at this time, and are requesting payment on most outstanding loans. The
economy is, in a way, inhibiting the Applicant from exploring this alternative. The
21 6jands Hill Drive [I 1/i 61
5r-Gi
Applicant owns the subject property, and is not in a position to purchase another piece of
land at this time.
With these factors in mind, the Applicant suggests that the proposed project, the
development of 216 Sand Hills Drive East, is the least environmentally damaging, most
practicable, and most economically feasible alternative presented in this document.
• Minimization:
Minimization was demonstrated in that the Applicant is proposing to fill the minimum
amount of wetlands necessary to create an adequate building pad, construct the proposed
retaining wall and incorporate the necessary attendant features for a residential dwelling.
Also, in an effort to reduce the acreage of requested wetland impacts, the Applicant has
situated the house footprint almost directly on top of the northeastern side yard setback
line. In doing so, the Applicant has attempted to keep as much of the house footprint out
of wetlands as possible. Finally, the Applicant will be incorporating a retaining wall to
stabilize the fill material. This negates the need for any additional impacts which would
have been associated with 3:1 side slopes, commonly used as a stabilization method.
Proposed Compensatory Mitigation
The proposed mitigation plan has been developed to offset permanent and temporal losses of
0.02 acre of non -riparian wetlands and their functions, which may result due to the proposed
construction of the single family residential dwelling and attendant features. Mitigation is being
proposed in order to protect resources and water quality found in the immediate drainage area,
the Cape Fear Drainage Basin. Based on site evaluation, and the Corps' preferential hierarchy of
mitigation, permittee -responsible mitigation is not a viable option for this site. Therefore, the
Applicant intends to provide compensatory mitigation via payment to the NCSU Hoffman Forest
Wetland Mitigation Bank (HFWMB) for 0.04 acre of mitigation credit. In addition, strict
stormwater management and sediment and erosion control mechanisms will be implemented
prior to impacts to wetlands, even though a Sedimentation and Erosion Control Permit is not
required. This mitigation plan should guarantee that the Corps' "no net loss of wetlands" policy
is adhered to, as well as ensure that the temporal losses of function of the aquatic resources are
minimized to the greatest extent possible.
Payment to the Hoffman Forest Wetland Mitigation Bank
Pursuant to the Army Corps of Engineer's new rules regarding Compensatory Mitigation for
Losses of Aquatic Functions, baseline information regarding the impact site, as well as the
determination of credits, will be the only two of the twelve components of mitigation discussed
with regard to HFWMB:
Baseline Information: The wetlands on-site can be classified as wet flat
21 6jands Hill Drive [ 121161 s
wetlands. The wetlands are vegetated with Acer rubrum (Red maple), Nyssa
sylvatica var. biflora (Swamp tupelo), Pinus taeda (Loblolly pine) and
Woodwardia areolata (Netted chainfern). These areas are seasonally saturated or
inundated by a high or perched water table. Summer water tables may be three or
more feet below the surface. This wetland type stores rainfall, allowing it to
slowly drain from saturated soil into surface streams and ground water. Most
subtypes of wet flats are common and do not typically provide habitat for rare
species.'
Indicators of hydrology include drainage pattern in wetlands and water -stained
leaves.
Two soil types, found on the subject parcel, were mapped within the Soil Survey
of New Hanover County. North Carolina (see Attachment 12). According to the
mapped survey, the two types of soil are classified as Leon sand (Aeric
Haplaquods) and Murville fine sand (Typic Haplaquods):
Leon sand is a nearly level, poorly drained soils found on rims of
depressions or on smooth flats. Permeability is rapid in the surface layer,
moderate to moderately rapid in the subsoil, and very rapid in the
underlying layer. The available water capacity is low, and the seasonal
water table is at or near the surface.Z
Murville fine sand is a nearly level, very poorly drained soil on flat or
slightly depressional areas. Permeability is rapid in the surface layer and
moderately rapid in the subsoil. Available water capacity is low, and the
seasonal high water table is at or near the surface. This soil is frequently
flooded for brief periods.'
The quality of the wetland is limited, as it is surrounded by human development,
and is connected to the remainder of the wetland system via a seasonal "relatively
permanent water" (man-made ditch). Its function is primarily flood storage and the
removal of contaminants, likely serving as a filter for chemicals used on adjacent
parcels for home and garden maintenance (i.e. fertilizers, pesticides, and/or
herbicides).
This wetland area may also provide habitat for various amphibeas, reptiles and
higher vertebrates as part of a wetland mosaic surrounded by human development.
The small size of this wetland complex, and the lack of a connection to other
undeveloped areas, limits its habitat value. Due to the fact that this wet flat
1 A Field Guide to North Carolina Wetlands. Department of Environment, Health and Natural Resources Division of
Environmental Management, January 1996.
2 Soil Survey of New Hanover County. North Carolina. United States Department of Agriculture, April 1977.
21 6 jands Hill ill Drive [ 13/161
SEGS
wetland complex is located in an already developed subdivision, and is located
near a highly traversed roadway, SEGi does not anticipate a significant impact to
the habitat value of the wetland.
Determination of Credits: Payment to HFWMB is offered at a 2:1 ratio, for non -
riparian wetland impacts (see Attachment 16). This ratio was chosen because the
Corps' guidelines state there should be no net loss of wetlands and their functions.
The Applicant feels that providing a ratio of 2:1, through the HFWMB, will ensure
that no net loss occurs, because the mitigation has already been performed at the
HFWMB. Therefore, the proposed ratio should be sufficient to off -set the impacts
associated with the development, and will ensure the project adheres to the Corps'
"no net loss of wetlands" policy.
In summary, mitigation for the proposed 0.02 acre of non -riparian wetland impact will be offered
through a 2:1 payment to the HFWMB. The Applicant intends to purchase 0.04 acre of non -
riparian wetland credit, at an expected cost of $1,830.08.
Please note, any statements made pertaining to preferential hierarchies of mitigation mechanisms
are pursuant to the Corps' mitigation requirements, not the Division of Coastal Management's,
since the only impacts associated with the development of 216 Sand Hills Drive East consist of
impacts to non -riparian wetlands, not coastal wetlands. Therefore, the Applicant is not proposing
any mitigation pursuant to 15A NCAC 07M .0700, as no impacts to coastal wetlands are
proposed. The mitigation offered as compensation for impacts associated with this project has
been designed to address the requirements of 40 CFR 230. Furthermore, the previous impacts
associated with the development of the Treybrooke subdivision did not require mitigation,
therefore the current mitigation offer only addresses the 0.02 acre of impact requested within this
application.
Adjacent Property Owners
- 4
1
p,'
,• '� d'� d d
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✓N�
h
�'LL '� �` f 4 �N' 1 [ x �
$ 9
rYy 1�i � V��AR
f �
To n1l
asonboro Loop Road
..:.
,: :.,... Loop Road a
�:
Rudolph Dixon...........
o
21 6 Sands Hill Drive (1-+/] 61
5r -6i
Treybrooke HOA
5103 Avine Court
N
South
Philip & Lynn DeFoggi
212 Sands Hill Drive
Y
West
Other Authorizations
The monosed oroiect will reauire other
most of which have been obtained:
401 Water Quality Certification NC DWQ Applying for concurrently with IP
CAMA Consistency NC DCM Applying for concurrently with IP
State Stormwater Permit NC DWQ Issued 17 January 1996, still in effect.
21 6jancis hill Drive ( 1 5/ 1 6) 5 r—C3Citations
1.) A Field Guide to North Carolina Wetlands. Department of Environment, Health and
Natural Resources Division of Environmental Management, January 1996.
2.) Soil Survey of New Hanover County, North Carolina. United States Department of
Agriculture, April 1977.
21 6 Sands Hill I)rive [ 161161
Figures
Figure 1. Data obtained from Google Maps
Figure 2. Data obtained from New Hanover County GIS
5r-Gi
1)#--moi/wey1)f-3> V'!-iL'G
U.S. ARMY CORPS OF ENGINEERS MSC
WILMINGTON DISTRI0
CT _
Action Id. SAW -1995-689 County: New Hanover U.S.G.S. Quads: Wrightsville Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: University Group, Inc.
Address: c/o Terry Turner
1904 Eastwood Road, Suite 212
Wilmington, NC 28403 _
Telephone No.: (910) 256-1045
Property description:
Size (acres) 2.88 Nearest Town Wilmington
Nearest Waterway UT to Hefvlett's Creek River Basin Cape Fear
USGS NUC 03030007 Coordinates N 34.1739 W 77.8642
Location description The subiect jurisdictional determination is for the following parcels within Trevbrooke
subdivision, off Masonboro Loop Road, Wilmington New .Hanover County North Carolina (see attached
Mph
Parcel Number
I Lot Number
Address
Survey
rovhded/si ned Waters of the
R06700-006-005
1 and 2
5228 Tre Brooke Drive
N
y
R06700-006-014
70
3800 Da hire Drive
N
y
R06700-006-014
61, 68 and 69
3800 Da bine Drive
Y
y
R06713-005-033
33
216 Sand Hill Drive
Y
y
Indicate Which of the Followin Apply:
A. Preliminary Determination
_ 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).
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 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 property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The wetland on your property on lots 1, 2 and 70 as described above 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 wetlands on lots 33, 61. 68 and 69 as described above have been delineated and surveyed and are accurately
depicted on the plat signed by the Corps Regulatory Official identified below on 4 April 2008. Unless there is a change in
Page 1 of 2
Action ID: SAW -1995-689
the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 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 Ms. Kimberly Garvey at 1219)151-4482.
C. Basis For Determination
The site exhibits ordinary high water marks and wetland criteria as defined in the 1987 wetland delineation manual.
The waters and wetlands on the site drain to Hewlett's Creek a Section 10 Navi able Waterwa .This determination is
based on information submitted by SEGI Inc
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: Ms. Kimberly Garvey, Project Manager
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
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 'strict Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at a ab ve address by 4 June 2008.
**It is not necessary to submit t to 761ce if u do not object to the determination in this
correspondence. * * /7-11�1:10�1
20
Date !ALL'I 20_08
The Wilmington District is co unitted to providing the 14hegJ41 of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit
http://lv%v%v.saw usace army mil/WETLANDS/index html to complete the survey online.
Copy furnished:
David Syster, SEGI, Inc., 5315 College Road, Suite E, Wilmington, NC 28412
Chad Coburn, NCDENR-DWQ, 127 Cardinal Drive, Wilmington, NC 28405
Page 2 of 2
IviQ9
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a IP
FA
z
s�
N \
cc
FA
NEW HANOVER COUNTY NORTH CAROLINA
I, MARK A. STOCKS CERTIFY THAT TH15 PLAT WAS DRAWN UNDER MY 5VrEKV151ON
FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION
RECORDED IN BOOK A5 , PAGE SHOWN ); THAT BOUNDARIES NOT SURVEYED
ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK AS
PAGE SHOWN; THAT THE RATIO OF PRECISION AS CALCULATED 15 1:10000:
THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.5. 47-30 AS
AMENDED. MTNE55 MY ORIGINAL SIGNATURE, LICEN5URE NUMBER AND SEAL
TH15 15T DAY OF MARCH A.D., 2008.
tNCAR
....... ���i� MARK A. STOCKS
CTEssl N.C. PL5 NO. L-3656
x.40
5 E A L =
L-3658
NEW HANOVER COUNTY NORTH CAROLINA
CERTIFY THAT TH15 SURVEY 15 OF AN FX15TING PARCEL OF LAND
CERTIFICATE FOR THE U.5. CORPS OF ENGINEERS:
TH15 CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS TAE DOLIND/
OF THE JURI5DICTION OF SECTION 404 O
F E LGN WATER ACT FUN5UANT TO
1987 MANUAL DETERMINED BY THE IGNED ON THI5 DATE. UNLESS TY
A CHM)(jC IN E LAW OR LATION5, TH15 DETERtAINATION C
404 J S ED A PERIOD OF FIVE YEAR -5 FROM THI
OF U{5-4&" CORPS OF El(GINEEIt, OFFICIAL
TE OF'51GNATURE
/ MARK A. STOCKS / \
37R `
1 /
34 ,
TREYBROOKE REVISION OF MB. 41 PG. 264 /
LOTS 36,37,38 * 39 I
5ECTION I -A
MB. 35 PG. 380 J
117
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MARK ASTOCKPLS. PC
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AL Bc
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PROFEWONAL
LAND SURVEYOR
I N.AVt
MINGTON. NC 28401 UNIVEZ5I-Y
'111-6124LOT 33 SECTION 1-5 (IZEVIS
CITY OF WILMINGTON WILMINGTON TOWI
a 74
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32
MB. 41 PG. 264 \
ON PIPE
IPE
IDARY SURVEY POR
;OUP5 INC
TREYBROOKE SUBDIVISION
NEW MANOVER COUNTY, N.C.
LOCATION MAP
NOT TO 5CALE
NOTE5:
I . IRON PIPES AT ALL CORNERS UNLE55
OTHERW15E NOTED.
2. ALL LOT5 5U5JECT TO A I d UTILITY EASEMENT
ALONG RIGHTS OF WAY OF ALL STREETS.
3. N.C.G.5. MONUMENT NOT LOCATED WITHIN 2000.
4. AREA BY COMPUTER
5. ALL DISTANCES ARE GROUND HORIZONTAL
MARCH 1, 2008 OAA AC.±
30 0 15 30 60
I INCH s 30 FEET
® AURA & 5TOcKs. PL5, PC MARLH 2008
Plb �
LINE TABLE
LINE
BEARING
LENGTH
L I
181.2 555-E
16.68
L2
N3O' I G' 15•E
7.48
L3
544°3948'E
10.80
L4
5204323'E
19.67
L5
518°27'08'E
24.77
LG
520° 15'38`E
15.59
L7
NG9'02OB•f<
19.52
L8
531'16'21'E
11.05
L9
503°35' 16'E
6.6 I
V3•W
25.18
5453453W
38.64
M13574.41
521 ° 17'59
27.56
547'20'57'E
32.05
L15
N73°40'49'E
17.85
LIG
522129'22'W
16.90
L17
503°36'40•E
17.33
L 18
N58'55VO W
18.59
NOTE5:
I . IRON PIPES AT ALL CORNERS UNLE55
OTHERW15E NOTED.
2. ALL LOT5 5U5JECT TO A I d UTILITY EASEMENT
ALONG RIGHTS OF WAY OF ALL STREETS.
3. N.C.G.5. MONUMENT NOT LOCATED WITHIN 2000.
4. AREA BY COMPUTER
5. ALL DISTANCES ARE GROUND HORIZONTAL
MARCH 1, 2008 OAA AC.±
30 0 15 30 60
I INCH s 30 FEET
® AURA & 5TOcKs. PL5, PC MARLH 2008
Plb �
January 11, 1995
Regulatory Branch
Action ID No. 199500689 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)and Nationwide Permit No. 14 (Road Crossing)
University Group, Incorporated
ATTN: Mr. Terry Turner
3901 Oleander Drive
Wilmington, North Carolina 28403
Dear Mr. Turner:
Please reference your application dated November 17, 1994, for Department
of the Army (DA) permit authorization to discharge fill material into a total
of 1.14 acres of jurisdictional wetlands for the construction of three road
crossings. The first crossing is 0.58 acre, the second is 0.32 acre and the
third is 0.24 acre. The site is located above the headwaters of Hewlett's
Creek off State Road 1492 (Masonboro Loop Road), Wilmington, New Hanover
County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters and fills for
roads crossing waters of the United States (including wetlands and other
special aquatic sites) provided:.
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
Your work is authorized by these nationwide permits provided they are
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM) and, in the coastal area, a
consistency determination from the North Carolina Division of Coastal
Management (NCDCM). You should contact Mr. John Dorney, telephone (919) 733-
-2-
1786, regarding water quality certification, and Mr. Steve Benton, telephone
(919) 733-2293, regarding consistency determination. These nationwide permits
do not relieve you of the responsibility to obtain other required State or
local approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced or are
under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activity is completed within twelve
months of the date of the nationwide permit's expiration, modification or
revocation.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field office, Regulatory Branch, telephone (910) 251-4636.
Sincerely, FILENAME:65tu r.l
CESAW-CO-El/j /
CESAW-CO-E/W DNER
CESAW-CO-E/ /s
MAI LI+
G. Wayne Wright CESAW 1Ca-�l S
Chief, Regulatory Branch
Enclosure
State of North Com.. lino
Department of Environment,
Health and Natural Resources1 0 0
Division of Environmental N�anagement -!�
James B. Hunt, Jr., rnc•ry C) FE N
Jonathaa n B. Howes,, SecSecrete
A. Preston Howard, Jr., P.E., Director
December 7, 1994
New Hanover County
DEM Project # 941084
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Terry Turner
University Group, Inc.
3901 Oleander Drive
;Wilmington, N.C. 28403
Dear Mr. Turner:
You have our approval to place fill material in 1.14 acres of wetlands or waters for the purpose
of road crossing at SR 1492, as you described in your application dated 23 November 1994. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Numbers 2732 and 26"1. These certifications allow you to use Nationwide Permit
Numbers 14 and 26 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. No lot
fill shall be allowed in wetlands for this project. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150E of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincere
ston Howard, Jr. P. .
Attachment
cc: Wilmington District Corps o' Engineers
Corps of Engineers Wilminmon Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files 941084.1tr
Charlie Hollis
P.O. Box 29535, Raleigh, North C orolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirm- ve Action Employer 50% recycled/ 10% post-consu-ner paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes i3 Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
4462�hm"o-n -/- �
A YW.X�A
IT
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F= F1
May 6, 1997
New Hanover County
DWQ Project # 941084
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Mr. Ter:, Turner
University group, Inc.
3901 Oleander Drive
Wilmington, NC 28403
Re: Notice of Violation of the 401 Water Quality Certification for Treybrooke Subdivision
Dear Mr. Turner:
On December 7. 1994 you were issued General Water Quality Certification Nos. 2732 and
2671 authorizing 1.14 acres of impacts to wetlands and waters needed to develop Treybrooke
Subdivision off Masonboro Loop Road, New Hanover County. This certification was issued only
for the road crossing impacts identified on the plat dated November 1994 and contained the
specific condition that no lot fill shall be allowed in wetlands.
As part of an ongoing compliance monitoring and enforcement program for 401
Water Quality Certifications, Jim Gregson from the Division's Wihnington Regional Office and
Pete Colwell from this office made a compliance inspection of the project site on April 24, 1997.
They found that the roads and utilities had been put in and some homes were under construction.
They also found unauthorized wetland fill at the intersection of Treybrooke Road and Sand Hills
Drive. Fill and utilities for another cul-de-sac had been put in wetlands at the end of Sand Hills
Drive and the wetlands on the southwest corner lot of the intersection have been filled. DWQ
staff also noted that there were large ditches and two cut outs in the curbing within the larger
wetland area along Masonhoro Loop Road which indicate that there may be future plans to
develop this area also.
The Division requests that you CEASE AND DESIST any further unauthorized activities
in waters or wetlands of the State. Continuation of the unauthorized activities may result in civil
penalties or other legal action against you. In order to resolve this matter you are requested to
respond to this Ietter within 10 days as to your intentions and actions to resolve this matter and
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607.
Telephone 919-733-9960 FAX # 733-9959
An Equal opportunity Alfinn-&e Action Employer 50 % recycled/10% post consumer paper
abate continuing violations. The Division also requests that you remove all unauthorized fill or
make a new application for the additional impacts. It should be noted here that approval of lot till
is not likely. Also, as of October 1 1996, North Carolina Administrative Code 15A NCAC
2H.0506 now requires compensatory mitigation liar wetland impacts which total greater than one
acre in size. Therefore, wetland impacts above the authorised 1.14 acres would require
compensatory mitigation. By copy of this letter the Division is requesting that the USACOE also
review this project and place any pending applications for this project on administrative hold until
this violation is resolved.
Your cooperation in resolving this violation as quickly as possible is appreciated. Should
you have questions about this action please contact Jim Gregson at the DWQ Wilmington
Regional Office (910)395-3900 or Pete Colwell or myself at (919) 733-1786.
cc:
Si •erely,
Jol n R. Dorney
W ter Quality Ce; ification Program
Central Files
Jim Gregson, DWQ Wilmington Regional Office
Pete Colwell, DWQ Raleigh Central Office
USACOE, Wilmington Field Office
Jill Hickey, NC Attorney General's office
Charlie Hollis, Wilmington
Treybrk. vio
A#-tdWn f 7
August 4, 1997
Regulatory Branch
Action ID No. 199707663 and Nationwide Permit No. 26
University Group, Inc.
Attn: Terry Turner
3901 Oleander Drive
Wilmington, North Carolina 28403
Dear Mr. Turner:
Reference your application of June 19, 1997, for Department of the Army
(DA) authorization to discharge fill in 0.09 acre of wetlands, and your
request for after -the -fact DA authorization for 0.38 acre of fill, making for
a total of 1.61 acre of impacts within the development, adjacent to the
headwaters of a tributary of Hewlett's Creek, at the Treybrooke subdivision,
off Masonboro Loop Road in Wilmington, New Hanover County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 404 of the Clean Water Act, was provided by Nationwide
Permit No. 26 for discharges of dredged or fill material into headwaters and
isolated waters.
Your work , sited in the coastal area, is authorized by this nationwide
permit provided it is accomplished in strict accordance with the enclosed
conditions and any required State authorization. A Section 401 water quality
certification is required from the North Carolina Division of Environmental
Management. Contact Mr. John Dorney, telephone (919) 733-1786 for this
certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to December 13, 1998. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur.
Questions or comments may be addressed to the undersigned at telephone
(910) 251-4636.
Sincerely, FILE NAME:c107-one.al n
CEISAW 1�Il_T. fti
i rrc/ t b% YL�
MAIL Y.
CESAW-CO-R/FILE
Jeffrey H. Richter
Project Manager
Wilmington Field Office
Enclosure
AladrnetH_9
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200001675 County: New Hanover
Notification of Jurisdictional Determination
Property Owner: A. V. Saffo and T.F. Turner Agent: David Syster
Address: 3901 Oleander Drive
Suite E and F Mitchell and Associates
Wilmington NC 28403 3975 Market Street, Building D, Suite A
Telephone Number: Wilmington, NC 28403
Size and Location of Property (waterbody, Highway name/number, town, etc.): Treybrooke Subdivision, west
side of Masonboro Loop Road, Wilmington, New Hanover County, North Carolina
Indicate which of the following apply:
asuggs
swp�eyed. The su;:veyed wetland in
est
bb
> if it is aceaFate, we stfoRgly
• The wetlands on this property have been delineated and the limits of Corns iurisdiction have been
accurately depicted on the attached map dated June 12 2000 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
er- our- published b
b f
rF em the date of thiRetifi-atioR
• This project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in
most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on
the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers
regulatory program, please contact
Property Owner/Authorized Agent ' ature: %�
Project Manager Skfnature:
Date: 18 September 2000 Expiration Date: 18 September 2005
a
S
i r
Applicant: File Number: Date:
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of pennission) A
PROFFERED PERMIT (Standard Pen-nit or Letter of permission) g
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTkIO -" = e o"110 `"'ng ilenfifies. yorr ghts'rando"pp`fiiori5{re aiding "Srlunistratse=appeal`of the`above .:
dectsro d 'tia orm tionet/ iu
A: coons cw Odd,, eg ori,
COIrSslgklOTlSxaatntl ,'a? i ft���
INITIAL PROFFERED PER You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SEGsI017IREQUESTFOR APPEALoOJECTIONS'1'{Ot ]NTS mP OFFERED PRNiIk #$
..
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.'
.S PO
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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RE: DWQ Project #1941084
toffa�mMF 6�
Subject: RE: DWQ Project # 941084
From: "Simmons, Janet" <janet.simmons@ncdenr.gov>
Date: Mon, 22 Jun 2009 12:13:39 -0400
To: Amanda Kolb <amanda@segi.us>
Project Name: University Group
Owner: University Group, Inc.
Project Description: Road Crossing/Driveway (New Hanover)
Issued: 12/7/1994
Project Number: DWQ # 941084
DWQ was unable to locate this file in our file storage area.
Janet Simmons
Administrative Assistant
-----Original Message -----
From: Amanda Kolb [mailto:amanda®segi.us]
Sent: Friday, June 19, 2009 9:56 AM
To: Simmons, Janet
Subject: Re: DWQ Project # 941084
The project was/is called Treybrooke, and the developer was/is
University Group, Inc.
Thanks,
Amanda
Simmons, Janet wrote:
What was the name of this project?
Janet
-----Original Message -----
From: Amanda Kolb [mailto:amanda@se i.us]
Sent: Friday, June 19, 2009 9:44 AM
To: Simmons, Janet
Subject: DWQ Project # 941084
Hi Janet:
I hope you're doing well. When we last spoke on the phone, you informed
me that you were unable to locate the file I requested, DWQ Project #
941084. I was wondering if it would be possible for you to send me
something in writing, stating the the DWQ was unable to locate the
file. I will need to include this information in my Individual Permit
application, to demonstrate we attempted to perform a file review. You
can either send me a response to this email, or, should you feel it is
necessary, send a formal letter to my office at: 5315 South College
Road, Suite E, Wilmington, NC, 28412. I appreciate your assistance and
hope you have a nice day!
Thanks,
Amanda
Email correspondence to and from this sender is subject to the N.C. Public Records
Law and may be disclosed to third parties.
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RE: DWQ Project # 941084
06:53:00
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2 of 2 6/22/2009 1:14 PM
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 17, 1996
Mr. Terry F. Turner, President
University Group, Inc.
Post Office Box 4517
Wilmington, North Carolina 28406
Subject:
Dear Mr. Turner:
Permit No. SW8 950502 Modification
Treybrooke Subdivision
Low Density Stormwater Project
New Hanover County
The Wilmington Regional Office received the Stormwater Application for Treybrooke Subdivision on November
22, 1995, with final information on January 16, 1996. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A
NCAC 2H.1000. We are forwarding Permit No. SW8 950502 Modification dated January 17, 1996, to
University Group, Inc..
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC
27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Linda
Lewis or me at (910) 395-3900.
Sincerely,
Dave Adkins
Regional Water Quality Supervisor
DA/arl: S:IWQSISTORMWAT%PFRMI~I1950502.JAN
cc: Ward Andrews, P.E.
Alan Golden, New Hanover County Inspections
WiRO, Central Files
Beth Easley, New Hanover County Soil Erosion
Linda Lewis
P.O. Box 29535, Raleigh, North Carolina 27626-0535
Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer
NEW HANOVER COUNTY n PERMIT NO. 29-95
DEPARTMENT OF ENGINEERING AND FACILITIES /' , �` Com' //''"' ► I
414 CHESTNUT STREET, ROOM 101 OVER
t9ILMINGTON, ,NORTH CAROLINA 28401 !Z+A_ 0el
••�• cu. �..r - t'7, -s .,.ir,g, ".,rrlJ ML11%-jk-ui'•
^ 3x t � h P �`� '; x., T a � s'�:. •r s, P .s 's �.n ,-° "4x � T f i Y+' rx
authoiizes* the development of 7 acres of Land afi f�T'reybrPQ e )6 n, MasonbO�rO,LOOp r
7w-_-. uat $ti T�, 4? %z d'.t j +'�� Ftl-� Y fk'w. •." f „x 1
RoaCl x L P; r i rC k
„,"1' .+ : , 3" ,,�,h.7.Y"^ x 1� x t "cit r, ,.
k, �g New Hano er County Mrn" % iit� issued 0�► kApr11� r5,,°I19.95#� }
,a t c
-x .__.,,. +, L C -W 4"',c i 1',S« y k'r++wx.,sev a..x.�.. . -e-,e �..,- 7.
�and`,'effective`rfo one xear r, rom th s �date�,� is subject toy comp.I�iance}, with the a p11c,atiow:j *;
ai'3`s e:�l swings., al,l,'a l+cable"'r-e u'lat�ioiis,, ani1�° s'oeealrconeltons£, a11d�IIt�^ �fi -
+,« .'^4m•f+p,� �'«an^ ; 't� d 9 `;7 Fit i m 1!j�;.•^:.:. s w .:.�•itg row, i •',* €, «.r« tc •,:^- a ti s M rr.,„a1Wre:"x~'..yr g w.. , r;.�(.,r o e s. s eft a f ort 4 t
below. A •,tf A !k dp j;'"r« ° .irt x t '« , tw -0r" 1' y 9�f 4$Q r ^
�t«�i ; L1•, "t'�'' x� �'^ e a yY w; r +'^ .e.ry p t t : : sti a.r ".a 9 Q a P'�,�, - ' ',��* ci a •Qe "' ..
' k, ^ J a,.F `}N z. # .. x �.. y'kY
a�.:`A^r� u'kxa„L. .¢!lu r 'a. zap. ...ww r kreR zr i r ' }'k . S,
tunderstoo by�the �apnlicant that�al,representative o N�ew°Hanover COu'nt
M *Y5„src+, �.ra ar^&sk a.,r#w.. vra isf=) ria'Wd^'',M•'.;-•�s °+' ,...:,: i. ..'.=acsc�rY
En nee: i�ng �Depar, e1i� m ay” i�ns� eat,.'the sd el at any ; me €ol�liowing »the i suance
q r, u,eS+?«:,y, ro !rt^rmwrrrr�4,^
-.ez�ii^t..:A�copy' ofthe approved• Soil Erosion^�' Plan and, .,this •Permit mus ,be available a
3Kt,;, r r 7 B�kY• S#�
allg times ,at4+the s te. r , r , ; ', i x� ; ,
?,'a'' �R r. aa*nrk&' ,x, !F:" qr'° w�•�+e^ E� $+fv *rx e";�� ''S ^ +r
i t .`Y7i, d SM` tk' ' {"a� k .,' ": ro x ET a" + S •r . r..
... i`• ! ki+.'+:-Sr", �, eJaeK• ye 3=.r .r `�� j h;C.:,.:+.! t rt f %x, &us.;� 3kf '" 4 t _".A +C4'^ ,:;n q:,'.,r+Lai a ar+,:» rr
Failure„to ,-execute$ the rovis ons ;of�;thus',permit ,and'the ;app•rove&,Soi
o
aulta.. Sil�T'+9°rt'.5''Y7it.!%&�wrl�'''"+', XY:`3iY"n'•°"• o �P .*nr �'�ix'Stwr,� aM1 r, r: ✓s , r9 'i«
r�any other vprovrsa ons=p of. °theaNewq;Hanover, County soi�l:Eros3on:and�;;Sedimentation»aa l7r
^F,r is;cs. ► aa'i '►^ Baa '^ ar. a r, + c s`•dsF; $,haa 4
Contr-ol:`°^Ordinance ;s akllr esult in;'sammecl ate legal act `' -ion • y kthef;County F,to
i linit reseib'ed b th'Or`dinance. 4 the easu AMU '?3ined``on ptheme"app oveelSoi1?E'ro" o�x°
'. _ •�^+�°.Yq . +'r' +�.F• �x'h-?: �z�,'Y,�g ..
4 } lane and athis Perm ', .prove nsuffidentt?addi nal E os�•i`o ' Gontro2 Vrmeasuur scan wand
berequ sed which in stu • bei^considered .'p ovis�ons o'f t is ,perm t f3TliisPe- it 4do�es =note
�, .,~`o
p�rec°lude a .y ot; e' pe i; s o ,za prova s necess`aryr`for=be inn rig or,;completing
develo a t:,• tI = s e APerm�ittee res ons bit 't to of a n all necessar �k dnau
,P y t ypermits and
'ar� •oval ��3�.w a,r .� #gyp ^r ffz�'t �f�"�'��:�, x ._
xllj�
f+�' SPECIAL•._CONDITIONS`a t� • `"' " A lr r
` :,- a fix.
e'�i-,, x��x,��µxk�..
'` , p�enmit s fOr C *re 11g,..,'�i�,s,�• :y` �4�• � ?hK:91 Xty x,160 ),t - d3j75' l]I11esS LSV47N,] xc1:t � ;: ` � k
i, yQSHP "impery Ot1S 7V-LI-a�''e.S� d �+a'f d ,£+ P i ^sd'•« #+1ak ak '"+� "Yw^x,°.. Txlx s* -i .` 1 r '• e« r' ;,v �. ”.
�ro�*9Ak�., Pi n •,'h �xr r y, = S "41a A �
�:.A;� ay�,r�f.-�, �� a*dl,<a." �,+d,''.k"ry�"".4_�'.
h
Mgr vel cons�xiet�on exit,'6f #57, stone mint be placed where construction traffic "`V
a.'eriColln
X = terS4a p3�12C� SUY'faCe a =, y y �' t*„a r Yr#z;, �,• �.:.. `°"' a ,. * ,*, s' e . ';-.
'�"g .� i-^ ��.�a=a �K',.:r`�. 1"���'��}p�'y�`"� a � v !`�z'ye K� x�":P , r„ ti�. wr �z"a��.v �k� �•4*.n rl��'*-1iss..:
�5�,";�i^;k,;:�,*�}C�O�,P__.�5,.110't"„G�OVPt':lltl�ll�• .C�d71]dQE ,OZ' YkC13dr'CX7�n�r�-1'_11Ct1�L1�3Tid, r7[3[3�•t� t�na•1+ '� ,�'r.r, ? �'
'AIM OZl[h3t10III14ISt bei Sk111[Litteda priOt
to �n�.
--I, this
g
;
8
r
w� r *
,
,
-
Expiration Date Jun0-;',,:5,.--t,1995
Acknowledginentof Receipt '`of Permit
It is me reponsibil-ty of the
permittee 'torenec the Permit
as'necessary;for the life'of
the Deveiopinent.
University
,Group
This permit may not,•be amended
Owner.''`_ `
or transferred to another-
nother .
out
pasty %4ithout 'approval , of this
office.
/' : .
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BY: Pleasfe
Print)
ation Engineer
6tAvO LA
New Hanover County
SIGNAT RE
cc: Building Inspections
New Hanover County
Department of Engineering
414 Chestnut Street, Room 101
Wilmington, North Carolina 28401
(910) 341-7139
PERMIT
FOR A LAND DISTURBING ACTIVITY
As authorized by the New Hanover County Erosion and Sedimentation Control Ordnance
Permit# 2g-9ti Rpvisi
This permit issued to University Group, P.O. Box 4517, Wilmington, North Carolina 28406
authorizes the development of 7 acres of land at Treybrooke on Masonboro_Loop Road
In New Hanover County. This permit issued on October 2, 1995
Is subject to compliance with the application and site drawings, all applicable regulations and special conditions and
notes set forth below. Any plan modifications must be approved by this office prior to field changes.
It is understood by the applicant that a reprsentative of New Hanover County's Engineering Department may inspect the
the site at anytime following the issuance of this Permit. A copy of the approved Soil Erosion Plan and this permit
must be available at all times at the site.
Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other provisions of the
New Hanover County Soil Erosion and Sedimentation Control Ordinance, shall result in immediate legal action by the
County to the limits prescribed by the Ordinance. If the measures outlined on the approved Soil Erosion Plan and this
Permit prove insufficient, additional Erosion Control measures can and will be required which in turn be considered
provisions of this permit. This Permit does not perclude any other permits or approvals necessary for beginning or
completing this development. It is the Permittee's responsibility to obtain all necessary permits and approvals.
SPECIAL CONDITIONS
(THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS)
- All soil erosion measures will be installed and maintained throughout construction. These
include the construction entrance, drainage swales and sediment basins which must be
15' X 25' X 2'.
- No sediment shall leave the site:
- All State drainage requirements will be adhered to.
- Plan revisions must -.be submitted for approval prior to any field changes. This permit does'
not include any ditch maintenance offsite! It must be revised if any offsite work is.
planned and appropriate soil erosion measures and calculations submitted for approvals.
- This permit does not preclude any other permits or approvals which may be necessary.
This permit will expire one year
from date of issue if no construction
activity begins on site. This permit
may not be amended or transferred
to another party without approval
of this office.
Soil Erosion Specialist
New Hanover County
Acknowledgment of receipt of permit
Owner
By (please print)
Signature
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STATE OF MOIRM CANDL191A VA"MMififAE
DMMARATKIM OF MBBn1CJp
COLNUT OF MEIN HAMOVM SECTION 1-L TEYMDOKE
TIE OEICLARA710M. shads Unna 1 day of SeparrrI - 1998. by
LAY WOW. MW-. a North Carom oorporaoort, Irarairaftar rafarrb to as
'Oadara■I;
WRBEM. Dadennit is the owner of all of time cwtaih property iocsrd in
Maaonboro TownduP. New Hanover County. North Carolina. which is more
pwtiailmly described as foiow&-
8EN0 all of Lola 27 dwou jr E, i Secli, 1S of
TEII■DOOKE. as shown on the Piet thereof recorded in
map Book M at Pape 3M in the Office of the Rapster of
Deeds of New Hanover Courity, Noidh Cwofim , to wfhidr
��
n �� made far a mons particular
000094
W EIEAS. Dederaat has Iharetofore exacuted a r tok DECLARATION OI?
COVENANTS, COMMIOMSMM ES I McTwn. TEYBROOKE, dated February 14,
1996. and caused the same to be recorded on February 14, 1996. it Book 1988 at
Pape 0523. et- an - of the New Hanover County Rei k y t'NHCA'l; (Mrainafter, the
..�� and
WIEREAS, puusuant to Article XI. Section 2 of the Declaration, the Dedsrant
has the absolute right to develop addtionaf properties and annex the same to the
Subdivision without the assent or vote of the owners of lob; and
NOW. TiBEFOE, the Declarant does hereby amend tine Declaration and
declares that all of the property described above shall be held, sold and conveyed
subject to the easernents. restrictions. covenants and conditions sat forth in the
Declaration which are for the purpose of protecting the value and desirabibt' y of and
which shall run with the real property and be binding on all parties hrAM any right,
title or interest in the described properties. or any part thereof, their heirs. successors
and assigns. and shall inure to the benefit of each owner thereof. except that the
following special restrictions shall apply to SECTION 1�. TMn BIIOOKE:
1. ARTICLE VNI, SECTION 3, Paragraph B, of • die Declaration is heceby
aumwJed to provide that no dwelleig shall be constructed closer than 7.5 feet to an
adjoining property line, nor closer than 30 feet to the front property kie of any let,
The foregoing amendment to the Declaration is applicable only to the lots in
SECTION 1-B. TREYBROOKE, unless made applicable to other lands developed by the
Declarant by the recording of future, supplernsntai declarations.
The foregoing amendments to the Declaration are made pursuant to the
authority reserved to the Dedarant in ARTICLE X11, SECTION 6, Paragraph B.
In all other respects, and except as herein amended with respect to SECTION
1-8, TREYBROOKE, the covenants, conditions and restrictions as set forth in the -
Declaration shall be and remain in full force and effect as written.
64132 F'uTM
X00[ PAN
Z 7 7 3 0458
iM wfirEfs rwfEitBOF. go Deda ms has c&Mad " MWW Mtt to be
exact tsd it its caparata nsraa and its 11-61 ats seat af§md br its d* audmxiu d
of5osr;,
ON as of the dal/ and vow fm above i i,
umme" ODQW. Mm
ATTEST: aitiswt
aE�
ICORP+ORAIE �
SEAL
STATE OF MOKM CAMOUNA Z t
COUM" OF MM HANOVER
LA—-T'Id a Plrbit ios the
adoraseid Countll and Shfss, hereby cwW that
— personally mad behms ane this loll aad aebmwladPd that hslaha is
and that by d*girsn of alloMcaroi�tom poraCM
instrument- s.0 it its mue by its Fte ift SO" w aimt � � mW
in
allssW by hi n&wsdf as its „SaorsaaY.
Wfi11ESS my hard and sed this J% day of 19M
\ ,
Notary P#Afic
Ml► Conmission Expires: 000 U. �%
9 N0 0 � #oTAgr
(NOTA SEAL} _ •4e
PUMP,
STATE OF NORTH CAROLMA
COUNTY OF NEW HAMVM
The foregoing certificate of I4 Notary Pubic is
certified to be correct. This the dal► of
MARY SUE OOTS V
Register of Deeds -New Fiarwver County
eDqwmutylA*sftl5m-t
Hofmann Forest Non-riparian wetland mitigation credits... C 177M f A/
Subject: Hofinann Forest Non -riparian wetland mitigation credits...
From: Glenn Catts <glenn_catts@ncsu.edu>
Date: Tue, 04 Aug 2009 09:42:16 -0400
To: Amanda Kolb <amanda@segi.us>
CC: David Asheraft <ashcraft@gw.fis.ncsu.edu>
Dear Amanda Kolb,
Thank you for your interest in Hofmann Forest Wetland Mitigation Bank credits.
It appears you are seeking 0.04 non -riparian credits (0.02 acres of impact at a 2:1
ratio).
The Hofmann Forest Wetland Mitigation Bank has more than enough non -riparian credits
for sale to cover your needs at a price of $45,752 per credit (or $1,830.08 in total
for 0.04 credits).
If you should decide that the non -riparian credits from the the HFWMB meet your needs
please include your USACE Action ID #, DWQ Project # and the name of the project in
any further correspondence
If and when you wish to purchase said credits, please send payment along with your
USAGE Action ID #, DWQ Project # and the name of your project to:
Mr. David L. Ashcraft
Executive Director, NC State Natural Resources Foundation, Inc.
3036 Biltmore Hall, Campus Box 8010
NCSU Campus Raleigh, NC 27695
and we will send you a receipt verifying your credit purchase and echoing the number
and type of credits purchased, your USAGE Action ID #, DWQ Project # and project
name.
Thanks for your interest, cooperation and best of luck with your project,
Glenn
Glenn P. Catts
Hofmann Forest Liaison
College of Natural Resources
North Carolina State University
2023 Biltmore Hall, PO Box 8002
Raleigh, NC 27695-8002
No virus found in this incoming message.
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8/11 /2009 1:56 PM
fix,r"A
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue Dee Freeman
Governor June 25, 2009 Secretary
Ms. Amanda L. Kolb
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Subject: Review of Parcel for Proposed Residential Dwelling and Attendant Features; 216 Sand Hills
Drive East, Wilmington, New Hanover County
Dear Ms. Kolb:
The Natural Heritage Program has no record of rare species, significant natural communities, significant
natural heritage areas, or conservation/managed areas at the site nor within a mile of the project area.
Although our maps do not show records of such natural heritage elements in the project area, it does not
necessarily mean that they are not present. It may simply mean that the area has not been surveyed. The
use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the
project area contains suitable habitat for rare species, significant natural communities, or priority natural
areas.
You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of
rare plants and animals and significant natural communities in the county and on the quad map. Our
Program also has a new website that allows users to obtain information on element occurrences and
significant natural heritage areas within two miles of a given location:
<http://nhpweb.enr.state.nc-us/nhis/public/gmap75 main.phtml>. The user name is "public" and the
password is "heritage". You may want to click "Help" for more information.
NC OneMap now provides digital Natural Heritage data online for free. This service provides site
specific information on GIS layers with Natural Heritage Program rare species occurrences and
Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID
numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage
Program for detailed information. This service allows the user to quickly and efficiently get site specific
NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by
NHP staff. For more information about data formats and access, visit <<'►'v'v'.nconeman com> then click
on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences'],
You may also e-mail NC OneMap at <datagta7ncmail.net> for more information.
Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919-733.49841 FAX: 919-715-3060 Internet: www.enr.state.nc.us
An Equal Opporiunily 1 Affirmative Action Employer - 50% Recycled 1 10% Post consumer Paper
NortliCarolina
Natal-al4lf
-,.0 VERIFIED
JLR
Drahsman:TORNEY t>AT /1LAW VIDC. awnt�ooT _- ^ ;r� n- DEEDS uu0.. PAGE
AT.i :,•..�IiOVER CO. NC
Elks Temple Buiidirg i I'. 1 8 9 7 0555
265 North Front street ' 95 JUN 28 P(7 y it
P.O. Drawer 176e
MrYminaton. North Carolina PARCEL NO.
�'/. a% rPOyiOD -007-Q?7-Ot7iD
STATE OF NORTH CAROLINA
' COUNTY OF NEW HANOVER WARRANTY DEED
THIS DEED, meds and entered into as of the aP�4 day of June, 1995, by and
between JANE S. VENTERS (herein the 'Grantor'), and husband, w. V. VENTERS. N, (who
has no title to the property but signs this Deed for the purpose of releasing any marital or any
other rights he may have in the property), parties of the first part: and UNIVERSITY GROUP.
INC. thereinafter caged 'Grantee"), of New Hanover County, North Carolina, party of the
second part, whose mailing address is:
P. O. Box 4517, Wilmington, North Carolina, 28406
(whether one or more persons, firms, or corporations). The designation Grantor and Grantee
as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
OWisa
THAT the said Grantor, in consideration of the sum of TEN (010.001 DOLLARS, and
other good and valuable considerations paid to her, receipt of which is hereby acknowledged,
has bargained and sold, and by these presents does hereby grant, bargain, sell and convey
unto the said Grantee, the following described lands located in the County of New Hanover,
State of North Caroline, and being more particularly described as follows:
Being all of that certain tract or parcel of land located in Masonboro Township,
New Hanover County, North Carotins, and being more particularly described
upon Exhibit A hereto attached and 'incorporated by reference.
TO HAVE AND TO HOLD the above granted and described lands and premises,
together with all and singular, the rights, privileges, easements, tenements, duties, obligations
and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in
fee simple, FOREVER.
AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple
of the above granted and described premises, and has good right to sell and convey the same
in fee simple, that the title is marketable and free and dear of all encumbrances, except as
herein set forth, and except for 1995 ad valorem taxes, and usual utility easements and rights
of way of record. and that said Grantor will WARRANT and DEFEND the title to the some
against the lawful claims and demands of any and all persons whomsoever.
-;(ETIUWA) %a: DN✓it7 e. Bi�tt<F�+aT
�'�� q 7
New Hanover County
http://etax.nhcgov.com/Fornis/PrintDatalet.aspx?pin=RO6713-005-033...
PARID:R06713-005-033-000
WM
Owners
UNIVERSITY GROUP INC
Parcel
Owner
� --� ^ Z
Alt to
314510.38.8920.000
State
Address
216 SANDS HILL OR
$527.000.00
Unit
20403
Grantor
cit
WILMINGTON
D -Deed Stamps (Unverified)
Zip Code
-
Page
Neighborhood
5175
U -Unqualified
Class
RES -Residential
Sale Flag
Land Use Code
958-Unu3ed Land
Living Units
Instrument Type
Acres
0
Zoning
R -15 -RESIDENTIAL DISTRICT
Adj. Amount
Legal
Legal Description
LOT 33R SEC 18 TREYBROOKE
Tax District
WM
Owners
UNIVERSITY GROUP INC VENTERS JANE B 1897 0555
Owner
UNIVERSITY GROUP INC
City
WILMINGTON
State
NC
Country
$527.000.00
Zip
20403
Grantor
THE DATA IS FROM 2009
Sales
Sale Date Sale Price
Grantee Grantor Book Page
28 -JUN -95 $527,000
UNIVERSITY GROUP INC VENTERS JANE B 1897 0555
Sale Details
Sale Date
28 -JUN -95
Sale Key
279174
Sale Price
$527.000.00
Grantee
UNIVERSITY GROUP INC
Grantor
VENTERS JANE 8
Sale Source
D -Deed Stamps (Unverified)
Book
1897
Page
0555
Sale Validity
U -Unqualified
Sale Type
VACANT
Sale Flag
STEB
Instrument #
Instrument Type
Warranty Deed
Adj. Reason
Adj. Price
Adj. Amount
Values
Year
Total Land
Total Buildings
Appralsed Total
MARKET VALUE SHOWN - EXEMPTIONS TO BE REFLECTED IN AUG BILLS
THE DATA IS FROM 2009
1 of 1
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09/22/2009 11:29 9104522899 SEGI
5F—Gf
AGENT AUTHORIZATION FORINT
PRMRTY LEGAL DESCREMON; 10 t 5'2'> S,0 G. ( 13
PAGE 01
Tre b f c c kt1
LOT NO._ 3 PLAN NO, PARCEL i.D.
STREET ADD g; S Q Vlr,
Pay Ower (palm- Pri.tp - ()rti e is i I
Ile uutder *04 m0stered popaty owrAn of the above noted property, do !may authorise
TAVj4
(Cemtrarerr Ate) am- Inc
(Naaae.t Arta)
to act on my behalf and talcs all actions mcessaty for the pomsiM issuance and w4eptanoe of This
penrrit or cmifwstion and any and all standard and special conditions sttachcd,
Property Owsees Address (If dNferent th" propetrty above):
Tekpbone: _ 1(6,71%. L
539,2760 Ce I
We hereby certify the above infmrmatkm submitted in ibis application is true and accurate to the best of
our knowkdSe.
Authorizes Si6mare
22169
Date
Aatborlud Slpeture - -
Date
N