HomeMy WebLinkAbout20070039 Ver 1_401 Application_20070107jouthern ~,,nvironmenta~ ~jrou , ~nc.
~,nvironmenta~, Deve~oPment F~ Conservation Advisors
~ransmitta~ 2 (~ ;; 1~
Date: January 3, 2007 P t~, I D
To: Ian McMillan SEGI Froject #: 06-152.01 ~
Of: DWQ Raleigh
Re: Nautical Greens (Sedgely Drive) NWP-18Pre-Construction Notification
USACE Action ID: UNCLASSIDIED
^ Urgent ^D For your review /records ^ Please comment ^ Please reply /call ^ Complete and return
Comment(s):
Ian,
Please find attached the PCN, accompanying documentation, and $200.00 filing fee for the proposed Nautical
Greens Subdivision. As always, feel free to contact our office should you have questions or concerns.
Sincere) ,
~~~r't~?
Dana Lutheran
S~G~
53 15 South College }toad, Suite ~
Wilmington, North Carolina 28412
www.scgi.us
11
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From the desk of:
Dana A. Lutheran
910.452.271 I (o~icc)
9 l 0.452.2899 ({ax)
910.228.1841 (mobile)
diutl~cran@scgi.us
NOTICE
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,
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communication in error, please notify us immediately by telephone and/or a-mail and then destroy the original communication in an
effective shredder or return the original communication to us at the above address.
4
I
~ou~ errs ~nv]ronmenta~ ~rou , ~r~c.
53 i 5 South Co~~e~e Road, ~juite ~ • Wi~min~ton, North Caro~ina 2841 2
~ 10.45 2.2 J 1 1 ~ax: ~ 10.45 2.2 J 1 1 o{fice@se~i. us
December 22, 2006
Hand Delivered
Ms. Jennifer Frye
US Army Corp of Engineers
Wilmington District
P.O. Box 531
Wilmington, NC 28480
www.se~i.us
Q~c~c~oe~~
Pt~I~
JAN `~ 2Q07
200 ~u039
Re: Nautical Greens S.D. [Unclassified] [SEGi Project #06-152.01]
NWP-18 Pre-Construction Notification
Federal Point Township, New Hanover County
Dear Ms. Frye:
Southern Environmental Group, Inc.(SEGi) has been retained by The Cape Tract, LLC to pursue
approval to utilize the Nation Wide Permit 18 to permanently impact 0.09 acre of jurisdictional
wetlands. The 13.87 acre tract can be found by taking 421 South toward Carolina Beach. Then
take a right on The Cape Blvd, follow the road to the round about to Sedgely Drive, head south on
Sedgely Drive, and the site will on the left just before Becker Woods. Currently, the site has been
cleared of large trees and the developer is in the process of grading the tract. There are 2.81 acres
of undisturbed 404 jurisdictional wetlands located within the project boundaries.
The 404 jurisdictional wetlands were delineated by SEGi. Jennifer Frye, of the USAGE
Wilmington District Office, verified the wetland line on October 26, 2006. However, due to the
USAGE imposed moratorium on jurisdictional determinations, the project site has not been issued
an USAGE Action ID or a tear sheet, and the surveyed wetlands map has not been signed.
During the conceptual phase of the subdivision, the developer's engineer has worked with SEGi
to design a development plan that minimizes impacts to wetland. Unavoidable impacts to
wetlands associated with the project consist of excavating 0.09 acre of scrub/shrub to allow for
the placement of one of the two county required stormwater retention ponds. In addition to the
permanent impact associated with the pond, 0.02 acre of temporary impact is anticipated for the
installation of two stormwater drainage pipes that are to be connected to an energy dissipater
located outside the wetland area. Upon completion of installing the proposed stormwater pipes,
the impact area will be returned to its natural condition.
The wetland area, where the proposed impact is to take place, is not adjacent to any streams, thus
eliminating the possibility that discharge will end up in Waters of the US. While construction is
SEGO
underway, BMP's will be utilized to prevent sediment from entering 404 jurisdictional wetlands.
To prevent indirect impacts to wetlands associated with the ponds depth in relation to the water
table found in the adjacent wetland, the developer has proposed to install a synthetic liner that
will exhibit an effective hydraulic conductivity no greater than 1 x 10^-6 cm/s (see attached
Stormwater & Sediment & Erosion Control Plan).
Wetland mitigation is based on requirements set forth in Section 404 of the Clean Water Act (33 USC
1344). Due to the lack of an appropriate project-specific restoration or creation area, compensatory
mitigation is offered through two mechanisms: 1) minimization of impacts associated with the
development and proposed stormwater pipes and 2) utilization of the In-Lieu Fee program offered
through the NC EEP. Our office has obtained approval from the NC EEP to make payment, in
the amount $3,481.00, for non-riparian wetland impacts associated with the project (see attached
Acceptance Letter).
At this time we are requesting your review and approval of the attached permit application.
Please feel free to contact our office if you should have any questions or comments. Thank you
in advance for your prompt attention to this matter.
Sincerely,
-~
~~%~~
Dana Lutheran
cc: Noelle Lutheran -DWQ Wilmington District Office (1 copy)
Ian McMillan -DWQ Raleigh (5 copies)
Enclosures: Wetland Determination Information Packet Cover Sheet
Pre-construction Notification
Site Plan
Zoom of Impact Areas
Synthetic Liner Detail
Proposed Pond Details
NC EEP Acceptance Letter
Vicinity Map
Aerial Photograph
Letter of Agency
2007039
out ern ~nvironmenta~ Cjrou~, ~nc.
53 15 College }loadjuite ~ • ~/1/i~min~ton, North Caro~ina 2841 2
910.452.271 1 f=ax: 910.452.2899 office@se~i.us
www.se~i.us
Wetland Determination Information Package ~ ,~ _~
Date: 09/18/2006
Project Name: Sedgely Drive Tract SEGi Project #: 06-152.01
Owner: CB Cape Tract LLC Applicant
c/o Matt Murphy, Secof (If different
1202 Lake Park Boulevard from Owner):
Carolina Beach, NC 28428
Phone Number: 910.458.5605
Project Site: Sedgely Drive Tract
ParcellD: R08500-002-027-000
Project Size (Acres): 14.06 Square Feet: 612,454
Subdivision Name: The Cape
Block and Lot #: N/A
Directions to Site: From Carolina Beach Road, enter The Cape. Follow the road to the roundabout, head south
along Sedgely Drive. Site is on left just before Becker Woods.
County (No.): New Hanover (65)
Nearest Water Body: Telfair Creek
Watershed: Cape Fear
Lat /Long 34.0726°N / 77.9086°W
USGS Quad Name: Carolina Beach
Wetland Acreage: 2.81 Linear Footage of Stream: 0
= Letter of Agency
~ ti~Q ~~~ ~ ~ ~'~'~ Vicinity Map (3 scales)
;SD r ~~`"~e_s~~ Tax Map and Parcel Information
Topographic Map
Topographic Map on Infrared aerial
Expired wetland survey
Soils Map
Data Sheets
20070039
_ Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. _ $
(lt any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit O Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: _ N W ~ $
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
Applicant Information
Owner/Applicant Information D t~ ~ ~ ~ '~~' ~ D
Name: Cape Tract, LLC (Matt Murphy)
Mailing Address: 1202 Lake Park Blvd. JAN ~ Z~p7
Carolina Beach, NC 28428 ~~~~ _ wgTf<~ t~~~~f~
Telephone Number: 910.458.5605 Fax Number: N/A ~ ? ~'~~""'"j~~ "~'
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Group. Inc.
Mailing Address: 5315 South College Rd., Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dutheran a(e,segi.us
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
1. Name of project: Sedgely Drive Tract /Nautical Greens Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only) N/A
3. Property Identification Number (Tax PIN): R08500-002-027-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Nautical Greens
Directions to site (include road numbers, landmarks, etc.):
From Carolina Beach Rd., enter the Cape. Follow the road to the roundabout head
south along Sedgely Drive. Site on the left just before Becker Woods.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody)
Decimal Degrees (6 digits minimum): 34.0726°N 77.9086°W
6. Property size (acres): 13.87 acres (604,177.2 sq. ftj
7. Nearest body of water (stream/river/sound/ocean/lake): Telfair Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The project site in not located within the 100 year flood hazard area, below headwaters
or adjacent to tidal waters. The general land use in the vicini , of the project is
residential development. The property has been cleared of trees. No impacts to
wetlands have occurred.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project consist of developing the 13.87 acre parcel into a 35 lot, high
density, residential, subdivision. Heave machinerX, such as backhoes, excavators, and
graders, will be utilized to clear land, construct pondstand stabilize soils.
11. Explain the purpose of the proposed work:
In order to comply with New Hanover County stormwater regulations, two ponds will
be required. The proposed ponds are located mostl~in uplands, however, a small area
(0.09 ac.Zof 404 wetlands will be impacted. Along with the 0.09 acre of~ermanent
impacts to wetlands, the development requires 0.02 acre of temporarypacts to
wetlands associated with the burial of two stormwater drainage pipes.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
At this time, the USAGE has not assigned an Action ID to the subject property. However,
Jennifer Frve, of the Wilmington District Office, verified the SEGi flagged 404 line on 26
October 2006.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future impacts or permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 3 of 9
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
A) Permanent impact of 0.09 acre of excavation within 404 wetlands is necessar~to.
create infiltration pond #1 (see site plan for details of the locationZ
Bl Temporary impact of 0.02 acre 404 wetlands is necessary to install strormwater
drainage pipes.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For
dams, se aratel list im acts due to both structure and floodin .
Wetland
Impact
Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on herbaceous, bog, etc.) Floodplain Stream (acres)
ma) (yes/no) (linear feet)
A Excavation Scrub/Shrub No N/A 0.09
Total Permanent Wetland Impact (acres) 0.09
3. List the total acreage (estimated) of all existing wetlands on the property:
2.81 acres of 404 jurisdictional wetlands are currently located on the property
4. Individually list all intermittent and perennial stream impacts. Be sure to identify
temporary impacts. Stream impacts include, but are not limited to placement of fill or
culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement
walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream
relocation is proposed, plans and profiles showing the linear footprint for both the
original and relocated streams must be included. To calculate acreage, multiply length X
width, then divide by 43,560.
There are no stream impacts associated with this project.
Stream Impact
Number
(indicate on
ma )
Stream
Name
Type of
Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Total Stream Impact (by length and acreage)
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not
limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc.
There are no open water impacts associated with this project.
Open Water Impact
Site Number
indicate on ma Name of
Waterbody
if a licable
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay, ocean,
etc. Area of
Impact
acres
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream hn act (acres): N/A
Wetland Im act (acres): 0.09
en Water hn act (acres): N/A
Total hn act to Waters of the U.S. (acres) N/A
Total Stream Im act (linear feet): N/A
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^D uplands ^ stream ~ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, imgation, aesthetic, trout pond,
local stormwater requirement, etc.): New Hanover County Stormwater requirement
Current land use in the vicinity of the pond: Undeveloped
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
Page 5 of 9
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The impacts to 404 wetlands are unavoidable and necessary to construct one of two
required retention ponds. There is no other practicable location for the pond
The two stormwater drainage pipes are required by New Hanover County Stormwater
regulations. The two pipes are Tabled Pipe 1 and Pipe 2 on the site plan Pipe 1 is an
extension of the existing ditch that currently functions as an outlet for stormwater overflow
from the wetland. Pipe 2 is an overflow wipe from proposed pond #1
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, ifoff-site), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 6 of 9
Wetland mitigation is based on requirements set forth in Section 404 of the Clean Water Act
(33 USC 1344). Due to the lack of an appropriate~roject-specific restoration or creation area,
compensatory mitigation is offered through two mechanisms: 1Lminimization of impacts
associated with the stormwater pipes and 2) utilization of the In-Lieu Fee program
offered through the NC EEP. Our office has obtained approval from the NC EEP to
make payment for wetland impacts associated with the project (see attached
Acceptance Letterl.
Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres): 0.25 acre
Amount of Coastal wetland mitigation requested (acres):
I. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No O
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^ "
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
Page 7 of 9
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes O No ^D If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
_ --- -
- -_ ---~
Im act '
Zone* s uare feet Multiplier Requtred
__ _ _. _~ q ) _. _~ _ Miti ation
-- - --~-
1_ _~ __ . --- ~_ 3 _. --
2
I.5
--
-_1
Total
~ _-~_ - ~ _ __ i
* Zone ]extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property. If percent impervious surface exceeds 20%, please provide
calculations demonstrating total proposed impervious level
State Stormwater Hermit application was submitted by Mal asp s Engineering, P C on
12/04/06.
Total Area of Site = 604 177 2
Total ISA = 183 541 0
ISA = 30%
XL Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal water and sewer are provided
Page 8 of 9
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application?
Yes ^ No
XII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably unanticipated impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The wetland area, where the proposed impact is to take place, is not adjacent to any
streams, thus eliminating the possibility that discharge will end up in Waters of the US
While construction is underway, BMP's will be utilized to prevent sediment from entering
404 jurisdictional wetlands. To prevent indirect impacts to wetlands associated with the
ponds depth in relation to the water table found in the adjacent wetland, the developer has
proposed to install a synthetic liner that will exhibit an effective hydraulic conductivity no
greater than 1 x 10^-6 cm/s (see attached Stormwater & Sediment & Erosion Control
Plan .
XIII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
7
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)'
Page 9 of 9
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~. ~. Open Space
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WETLANDS LINE 0.09 Ace (3,870.5 sq. ft.)
LIMITS OF DISTURBANCE
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1202 N. LAKE PARK BLVD.
CAROLINA BEACH. NOR1H CAROLINA 28428
PHONE 910-~58-580,5
FAX 910-~58-7709
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~: \AutoCAD\2005\81 \NauticalGreen12-1-06.dwg
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PROGRAM
December 5, 2005
Matt Murphy
Cape Tract LLC
1202 Lake Park Blvd.
Wilmington, NC 28428
Project; Nautical Greens Subdivision
County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. S we have not received a copy of the issued 404
Permit/401 Certiflcation within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Pernut and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
River Basin Stream Impacts {feet) Wetlands Impacts (acres) Buffer I Suffer II
CU (Sq. Ft.) (Sq. Ft.)
Cold Coo] Warm Ri azian Non-Ri azian Coastal Marsh
Cape Fear 0 0 0 0 0.09 0 0 0
03030005
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 mitigation-to-impact ratio, {buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
LAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 715-1921.
~~~
Wi D. Gilmore, PE
Director
Sincerely,
cc: Cyndi Kazoiy, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Doug Huggett, NCDCM-Morehead City
Dana Lutheran, agent
File ~*~
RP,StDYl.Gt~... ~ ~ ... PYDtECt'l,K~ Olt,Y Stye 1~CDETIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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