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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 NN r �'•, E ✓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 a—o 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 _ -7 DRAINAGE 4/ Nq3 COMMON AREA 3� pRA1Ni r -, Ai I y L �cs.:irl .��..�� C00 ASin AG v \ 7 A' 2 J 13 A9 Ab \ _ A88 L9 b9 UPLAND5 1 "k t, -, 0.35 acres NA G Ge J LOT 2 M.5. WILLARD DIV15ION SURVEY REFERENCE MB. 2 PG. 45 LOT I LEC MAP BOOK 41 PAGE 264 / C " Ex ® 51 Cl /E3 -M pw)wt5UREYBR000E Ptt IB LOT yWlnIK� 131a 33 W-*TB—k-Wet-lo33. MARK ASTOCKPLS. PC -a-.- "404" JURIS DICTION AL Bc 1 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 17 74 132 E — ION PG. 264 �wb 76 "F 'Bc CONTROL g�TE CORNER 421 TRAI XN i 0 Jm h I \ 1 \ � I I CONTROL J CORNER J N1 � 9° S3� Rill) �Ih i ?�c-It \ r � '-7 .5 ' SETBACK 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 ,M;2t1a mmmw 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 `� 11■p���tlC�iC��t{■■{�jj6u6■y■y�E�L�■y�e�e�`.�■■!����II�EEb��WEEG�Yh� �� +■��;G����YY��I��Y�YY��i�•YII I/di1111i�G� 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. ------------------------------------------------------------------------ No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.339 / Virus Database: 270.12.80/2187 - Release Date: 06/19/09 of 2 6/22/2009 1:14 PM RE: DWQ Project # 941084 06:53:00 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.339 / Virus Database: 270.12.87/2195 - Release Date: 05/22/09 06:54:00 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. /' : . I- (v(ner -?rle5. 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 � N 4 V tl `; " fi a a z r N �► O D N r fj ^ `n N 00 -v Iq 1 a m mm � / 1�> 10 �$8 a.5 s Cb� A 0 0-0 O iN - rJ x LP v0 p 01 Cl U fi ti W Ile n I 1 A 1 U 4 -1 y Vi LA 0 S LJ 0 r CA i b OA0 u JWM 03 a.ft...r neve t 3 an Teinb a"% M N@Hk hua sow PA. am 1706 wa.:elasw s G ZIMM LACE 0458 "A-7 ��oi casrnA,•ia,+> MC 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. Checked by AVG - www.avg.com Version: 8.5.375 / Virus Database: 270.13.43/2281 - Release Date: 08/04/09 05:57:00 I of 1 8/11 /2009 1:56 PM fix,r"A UY E� 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 $527.000.00 Grantee UNIVERSITY GROUP INC Grantor VENTERS JANE 8 Sale Source D -Deed Stamps (Unverified) Book 1897 Page 0555 Sale Validity U -Unqualified Sale Type VACANT Sale Flag STEB Instrument # Instrument Type Warranty Deed Adj. Reason Adj. Price Adj. Amount Values Year Total Land Total Buildings Appralsed Total MARKET VALUE SHOWN - EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2009 1 of 1 8/11/20092:04 PM I ♦ � }dyy " tip )) Ali Q! Q 'e � x'�° �• '�di " �'#`• y • i ,gym . F � . 'tom � k � ` * � ' � F .. � i• � i. 4�+ � m '� its 1, e � d •� a _ x sj f Nf 411L �} Ilk ;� � e•��� r, as � r"i �s"'A s_ .� ���'§§3 __ �."� � a �F; . �+®�. ° r.� •:.� ti�y� ; •r•yi .- � ''- fir' i a .; a ar -01 r • e ^ r < r! • - � s r. f p i. APO IWAI a _ r i r fink, c •$� My w e• " T - .. t: • ;� tom' v. k�` " 4 E 'tc�a �"' w�"�: • d` ljS i d - T 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