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HomeMy WebLinkAbout20040521 Ver 1_COMPLETE FILE_20040402OF W ATF9 Michael F. Easley, Governor _? -William-G: Ross Jr., Secretary_-_ - co 7 r North Carolina Department of Environment and Natural Resources >_ Alan W. Klimek, P.E.,Director O Division of Water Quality Coleen H. Sullins, Deputy Director Di i i f i v s on o Water Qual ty June 8, 2004 WETLANDS / 401 GROUP Birger and Susan Elvenaes JUN 2004 7 Hill Side Avenue New Rochelle, NY 10801 WATER QUALITY SECTION James and Beverly Boyles 165 Elephant Road Dublin, PA 18917 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Merrimon Bay Subdivision Access Road For Lots 12, 13, 14, and 15 DWQ Project # 040521 Carteret County Dear Mr. & Mrs. Elvenaes and Mr. & Mrs. Boyles: You have our approval, in accordance with the attached conditions (WQC #3404), to do the following activity at your property located off Garbacon Drive in Merrimon Bay Subdivision, Carteret County. This approval allows you to: 1. Fill 0.04 acres of Section 404 Wetlands for the purpose of constructing a 20' wide x 85' road crossing with a culvert to provide access to the uplands on lots 12, 13, 14 and 15. This approval is only valid for the purpose and design that you described in you Pre-Construction Notification (PCN) application received by the Division of Water Quality (DWQ) April 2, 2004, and additional information received on May 5, 2004. After reviewing your application, we have determined that General Water Quality Certification Number 3404 covers this activity. This Certification can also be found on line at: littp:Hh2o.enr.state.nc.us/ncwetlands/certs.litml. This Certification (#3404) allows you to use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater and Coastal Stormwater. In addition, this approval will expire when the accompanying 404 Permit expires unless otherwise specified in the General Certification. Please be aware that if you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new ? °, pheation for a c property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below and on the following page: N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 SMA NM Elvenaes and Boyles Page Two DWQ Project #040521 June 8, 2004 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project; 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 3. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to this office and a copy to the 40l/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650; Please notify the Wilmington Regional Office at (910) 395-3900) if any problem arises during the construction of the project that may affect water quality.. Please read the attached conditions. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit # 031410. If you have any questions, please telephone Noelle Lutheran at 910-395-3900. Sincerely, Alan W. Klimek, P.E. Director, Division of Water Quality Attachments: WQC # 3404 Certificate of Completion cc: Mickey Sugg - Corps of Engineers Wilmington Field Office Stephen Rynas - DCM/Morehead City Cyndi Karoly - 401/Wetland Unit, Central Office Noelle Lutheran - WiRO Kim Williams - Land Management Group WQC #3404 This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of activities shall include any fill activity for road crossings and is limited to fill less than one-third acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re- authorizes Nationwide Permit 14 or Regional General Permit 198200031or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent andlor temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) WQC #3404 • Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts; 2. Proposed fill or substantial modification of wetlands or waters (including streams) under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 3. Application to and payment of a fee to DWQ is not required for construction of a driveway to a single family lot as long as the driveway impacts less than 25 feet of stream channel including any in-stream stabilization needed for the crossing; 4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 5. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II), 2B .0214 (WS-III) and 2B.0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 6. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watershedr. }h2} are r assifle.d n . tFient sensitive wet is (NSW), watei supply wate, ts (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. WQC #3404 Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 8. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted through the Division of Coastal Management and will be the higher of the two fees; 9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public read prejeets, the mitigation plan must be implemented before the rudd i's opened to the travelling public. Projects may also be implemented once payment is made to a private mitigation bank or other in-lieu fee program, as specified in the written concurrence of 401 Certification for a project. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; WQC #3404 10. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel, to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip- rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere; 11. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; 12. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 13. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 14. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 15. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 16. If an environmental document is required, this rortification is not valid until a Finding e° No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 17. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General WQC #3404 Certifications. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 18. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 19. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 14 or Regional General Permit 198200031, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3404 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials Signature Date Mail to: 401 Wetlands Contact NC Dept. of Environment and Natural Resources 127 Cardnal Drive Ext. Wilmington, NC 28405-2004 Registration No. MEMORANDUM TO: John Dorney Regional Contact: Noelle Lutheran Non-Discharge Branch WO Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Merrimon Bay Lots 14 & 15 Elvenaes & Boyles County Carteret Project Number 04 0521 County2 Recvd From APP Region Wilmington Received Date 4/2/04 Recvd By Region Project Type 20' wide road down middle of two lots Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ME Type Type Impact Score Index Prim. Supp. Basin Req. Req. 14 forested O Y O N 127-128 SA NSWHQ 30,410. 0.04F NBR Buffers ©1' O N F_ F_ F-F_- 30,410. F- r Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? p Y # N Recommendation: Q Issue 0 Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: This office has no objection to the project as imposed. Additional information at Dorney's request was received on May 5th 2004 (approx) All condition of General water Quality WQC #3404 and the additional conditions in the written 401 must be met. The 401 Water Quality Certification was issued on 06/08/2004. NL cc: Regional Office Central Office Page Number 1 I Triage Check List Date: D Project Name: r To: ? ARO Mike Parker ? FRO Ken Averitte MRO Alan Johnson ? RRO Steve Mitchell From: County: ?' WaRO Tom Steffens 0 Noelle Lutheran ? WSRO Daryl Lamb Telephone : (919) 3 . The Me attached is being forwarded W,'-dour for -your evaluation, Please call if you need."Oistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps MinimiMtion/avoidance issues Buffer Rules (Meuse; Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ?lAre the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? Cumulative impact concern Comments: 9,pnd ?Aa.tay?.zL 5wuA, emu. At CIAX .Tax 2522 VdmiMytmn, ?lroWA `8ato%a 28402 3d' . wo-452-000y gWaY ,Aod Y.V 5F A.". %!! ? ..tfa?iaon April 30, 2004 TO: Mr. John Dorney Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Merrimon Bay Subdivision, Lots 14 and 15; Carteret County, NC DWQ # 04-0521 Dear John: WETLANDS/ 401 GROUP MAY 0 3 2004 WATER QUALITY SECTION Yw* ;f4 A-4 a01- 96/1 3805 W/R?rAG„itte . vmw Wldminy&n, ?1'fB 28403 We received your letter dated April 8, 2004 in which you request additional information regarding the above-referenced project. Enclosed are maps that provide the requested information, specifically a cross section of the proposed road and a map showing the location of the septic systems. Please note that the systems will be placed on Lots 14A and 15A, which are located across Garbacon Drive from Lots 14 and 15. Greenville Timberline, LLC is in the process of obtaining the septic permits from Carteret County for these systems. Thank you for your assistance with this project. Please give me a call if you have any questions. Sincerely, vi?_ lj?s Kim Williams Wetland Scientist Cc: Birger and Susan Elvanaes James and Beverly Boyles Typical Cross-Section of Access Road 0+10, --- - 20'-wide access Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. April 2004 Typical Road Cross-Section f w r y 14 tp VO N to :U m 1?j NM Ing u ? rl w w wl Mfg d - ? i f ? ?fh a I l iA"?r•'? N J _ 7 w11f AT-6 9 7 L ? ( ),Z 'Z%L .? 17 N Z m ¦ ? J? q y,yd\ +P , N i to 14 i5 ?a r 1753'12'EIS . 50 -09T, DO 04. (Ch 04-, , N 06 15'57' 31 H 1 d' 9'1 p AS 12.73. CHI 103,pg`(C.4 LT ;+h 74 AO 1'7? 745.00• -"~? 0T? p,8?t?' rM ?I r1 O ?? ? v • O it Rrpyl? Agcy (21' i 67') iu1 (nilipl Syxlom (2P x b7') Map created by Baldwin & Associates Greenville, NC Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. April 2004 SCALE; I"= 100' Septic system locations. ?cmd al(a?rw.zt jwzq?, Ac. 9Lt 611we .1?3ox 2522 9W.M.t., .11roWA Vaw&na 28402 3el 910-452-0001 920,61-T. ?N! ?l9/Jurc ,?fa.:,eon. April 30, 2004 TO: Mr. John Dorney Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Merrimon Bay Subdivision, Lots 14 and 15; Carteret County, NC DWQ # 04-0521 Dear John: 9ulte M 9J df?e 91-k 3805 wi1k/eldWA'Wvmae 9(1dm&#& , ?1'f8 28403 We received your letter dated April 8, 2004 in which you request additional information regarding the above-referenced project. Enclosed are maps that provide the requested information, specifically a cross section of the proposed road and a map showing the location of the septic systems. Please note that the systems will be placed on Lots 14A and 15A, which are located across Garbacon Drive from Lots 14 and 15. Greenville Timberline, LLC is in the process of obtaining the septic permits from Carteret County for these systems. Thank you for your assistance with this project. Please give me a call if you have any questions. Sincerely, Kim Williams Wetland Scientist Cc: Birger and Susan Elvanaes James and Beverly Boyles ])pical Cross-Section of Access Road 0+10' 20'-wide access 0+5' I - 24" pipe culvert 0+0' 0+0' 0+10' 0+20' 0+30' 0+40' 0+50' Horizontal: 1" = 5' Vertical: 1" = 5' Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. EnvirmmenW Consultants Typical Road NWP 14 Application Wilmington, N.C. Cross-Section Carteret County, NC April 2004 1? 40 w 01 W s IP vo 46 N Ill ?4 =- SJ1 (1 CD l? ` D 0 +Im } Jo n t4 i? N.-tite'r' NUM ??{Jr {{???w Za ..r m T vr, ?F N 03 .f N a L-- A V C l? C!? ? J M go 11 O W ri W V) l ? OO tl ?? ti 6N?? f fh 1 (µ??.t 6.S£ t q1 L 7 N11 x V? *O •4? r mea 91 91 _DO x fin ONE Q 4S, m 6 1 a? V a 0 Iicpylr Aru ` (211 x6 71) `1!u InWA System (ZV X 67') Map created by Baldwin & Associates Greenville, NC Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. April 2004 Mimi SCALE: I"= 100' Septic system locations. _+ 1 ? W ?? swcq?' J,?W. mitt ClAw -'Baro 2522 Vd mingtm, ? WA %6o4ka 28402 3el 910-452-0001 .46d Y.y 9r 9&?td. °IV. SPr...?tai?. April 30, 2004 TO: Mr. John Dorney Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 99.i& ;(4 1 CIAg h 3805 9404",W.-mm VdMimSton, ?1T 28403 WETLANDS / 401 GROUP MAY 0 3 2004 WATER QUALITY SECTION RE: Merrimon Bay Subdivision, Lots 14 and 15; Carteret County, NC DWQ # 04-0521 Dear John: We received your letter dated April 8, 2004 in which you request additional information regarding the above-referenced project. Enclosed are maps that provide the requested information, specifically a cross section of the proposed road and a map showing the location of the septic systems. Please note that the systems will be placed on Lots 14A and 15A, which are located across Garbacon Drive from Lots 14 and 15. Greenville Timberline, LLC is in the process of obtaining the septic permits from Carteret County for these systems. Thank you for your assistance with this project. Please give me a call if you have any questions. Sincerely, VL_ ??s Kim Williams Wetland Scientist Cc: Birger and Susan Elvanaes James and Beverly Boyles Typical Cross-Section of Access Road 0+10' 20'-wide access 0+5' I - 24" pipe culvert 0+0' 0+0' 0+10' 0+20' 0+30' 0+40' 0+50' Horizontal: 1" = 5' Vertical: 1" = 5' Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. NWP 14 Application Environmental Consultants Carteret County, NC Wilmington, N.C. April 2004 Typical Road Cross-Section w ?. y w rJ 416 V! -i ? m ' W ,p vt ill II +1 . 571 . t1t ,try " " 6 ?y4 D Lll.-ti 'UC CA ¢; -- rn M At M ,j ig 1-4 x J N i vw, @ ?i.4 A P V ///???''''''''' C X! ?" I1T23'12' i 2t] Aq w$7.W C H OB'3g• .. S ?h R? $OS.dB';88{fit (80' -N 1 1'57' S' N t 10, AS -'112.73 CN 1t]3 pg• ?'fAtT `"Rr? 74 .OQ 745 84 NON% ??9 W Map created by Baldwin & Associates Greenville, NC Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC OFF j ? j C t7 w V? N Th I I l L ilia ?Nrj},Z?'Zti t .,. rc.lZ N ItepAlr Ares (211 x InittAl SystRm (21' ? 6T) ',' .. _.;...._.10 Land Management Grotq), Inc. Environmental Consultants Wilmington, N.C. April 2004 SCALE: I" = 100' Septic system locations. ya'nd lwto' Ac. Rt 0f? -I&M 25.4.x' VdM4 , ?YWA %6dma 28404 3d' .- WO-452-000Y 9W&I? . Amd g.y gr 5wd. V. g ..uouioon 1. T. April 30, 2004 TO: Mr. John Dorney Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Merrimon Bay Subdivision, Lots 14 and 15; Carteret County, NC DWQ # 04-0521 Dear John: 9,d& 14 631921- seas VIV, WYA .Awu e Vdmi0#M, ?W 28403 WETLANDS/ 401 GRQ[Jp MAY 0,' 2004 WATER QUAL/TY,(;F.; We received your letter dated April 8, 2004 in which you request additional information regarding the above-referenced project. Enclosed are maps that provide the requested information, specifically a cross section of the proposed road and a map showing the location of the septic systems. Please note that the systems will be placed on Lots 14A and 15A, which are located across Garbacon Drive from Lots 14 and 15. Greenville Timberline, LLC is in the process of obtaining the septic permits from Carteret County for these systems. Thank you for your assistance with this project. Please give me a call if you have any questions. Sincerely, Kim Williams Wetland Scientist Cc: Birger and Susan Elvanaes James and Beverly Boyles Typical Cross-Section of Access Road 0+10, - 20'-wide access 0+5' 1 - 24" pipe culvert 0+0' 0+0' 0+10' 0+20' 0+30' 0+40' 0+50' Horizontal: 1" = 5' Vertical: 1" = 5' Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. NWP 14 Application Environmental Consultants Typical Road Wilmington, N.C. Cross-Section Carteret County, NC April 2004 w W z IE ,p vl N L4 II?M,. ,0 i Pj? ??Zu cw ?rti rJl, ? {JI ? fi Z -M +r rri .01 -r r r. w? * # r+r N O 013? EPP- -Id1 ? Ing N3D O W ? O Pw.r I ? I t k? ' L ? 1 p' i ?, x?et° Z9 X39 ?o 4PP 12. 15'23'12" Z.88' CH ftn N J 1 i N Q$° r` 040 00, i/ 4a'10 ? -PlIALT U&M, oT . p B??C 49 4 0 a Ittlimir Area l .. 121' ; 67') I!0I Ipjliml System (2I 'x 67') i0 J Map created by Baldwin & Associates Greenville, NC Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Gronp, Inc. Environmental Consultants Wilmington, N.C. April 2004 SCALE: 1" = 100' Septic system locations. fs I lh t7? ? r t.t W V! 9_and,Wanay?? 54omA, Jwc. &nwt?? VW"dfa" gal 6)rwx Ax 2522 WIdmMy n, ?lrWA Vatobna 28402 d'. 9110-452-0001 A., q ? April 30, 2004 gaikt4 -To..,y A.A C11.' gad .l80s ?iig/?ta„iuc .?vrmae °JVdmMg&a, ./Y`8 28404 TO: Mr. John Dorney WETLANDS/ 401 GROUP Division of Water Quality 401 Wetlands Certification Unit MAY 11 E1 1650 Mail Service Center Raleigh, NC 27699-1650 WATER QUALITY SECTION RE: Merrimon Bay Subdivision, Lots 14 and 15; Carteret County, NC DWQ # 04-0521 Dear John: We received your letter dated April 8, 2004 in which you request additional information regarding the above-referenced project. Enclosed are maps that provide the requested information, specifically a cross section of the proposed road and a map showing the location of the septic systems. Please note that the systems will be placed on Lots 14A and 15A, which are located across Garbacon Drive from Lots 14 and 15. Greenville Timberline, LLC is in the process of obtaining the septic permits from Carteret County for these systems. Thank you for your assistance with this project. Please give me a call if you have any questions. Sincerely, V??_ Ids Kim Williams Wetland Scientist Cc: Birger and Susan Elvanaes James and Beverly Boyles Typical Cross-Section of Access Road 0+10, Horizontal: 1" = 5' Vertical: 1" = 5' Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. April 2004 Typical Road Cross-Section 10 1 m W w .. y 4 14 a ? II O0? N -.rUl ?0. tea; CP m ?L 7- u m W tr 1 ?F N yg US +..I 3 3 (+1 O ?i w o ao w u} ° ?m d-?&j ih I N i z?my W X31 20' t? r w W.( C&59 08" zl t 5 R- ?o.oloP k f $P I-V xs,o5 ? t 4 .3 %G-gz Oro, 06 L *a N 1857' S? N >I O'S9'j A$ALT tr 1 -1,12.73- C Xa ea Of. V 1q) C , 14 ,??? 41 ? of a Repair Area - (2l' i 6T) 1101 l Initial System 121' x 6') I u' 10' ?Sys,?e?' '!rte \ eeQ9 Qo 1 At Map created by Baldwin & Associates Greenville, NC Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Group, Inc. Ellsironnlental Cmisultants Wilmington, N.C. April 2004 7 SCALE: I" = 100' Septic system locations. -?G ,y?? jwtq6, Ac. At 6)92ve Ax 2522 Vdm &W&n, ?lydA Watdma 28402 3d' - 910-45.2-0001 ?o6eit ? .foul April 30, 2004 99a& ;f4 A..'A 0. g .1805 wak4&vi!/a ,1?i cue r'wi minptm, M 28403 TO: Mr. John Dorney WETLANDS 1401 GROUP Division of Water Quality 401 Wetlands Certification Unit MAY 0 3 2004 1650 Mail Service Center Raleigh, NC 27699-1650 WATER QUALITY SECTION RE: Merrimon Bay Subdivision, Lots 14 and 15; Carteret County, NC DWQ # 04-0521 Dear John: We received your letter dated April 8, 2004 in which you request additional information regarding the above-referenced project. Enclosed are maps that provide the requested information, specifically a cross section of the proposed road and a map showing the location of the septic systems. Please note that the systems will be placed on Lots 14A and 15A, which are located across Garbacon Drive from Lots 14 and 15. Greenville Timberline, LLC is in the process of obtaining the septic permits from Carteret County for these systems. Thank you for your assistance with this project. Please give me a call if you have any questions. Sincerely, rt?_ Ij?s Kim Williams Wetland Scientist Cc: Birger and Susan Elvanaes James and Beverly Boyles Typical Cross-Section of Access Road 0+10' 20'-wide access 0+5' I - 24" pipe culvert 0+0' 0+0' 0+10' 0+20' 0+30' 0+40' 0+50' Horizontal: 1" = 5' Vertical: 1" = 5' Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. Envn.onmenUl Consultants Typical Road NWP 14 Application Wilmington, N.C. Cross-Section Carteret County, NC April 2004 WWI N 1 IA ? ? ? ..a ? a f8 ? c F2 C L-13D O 40. re i= w tf} ° N tri M rA to t A m ? Suc+a p ? W ?. fh? N t*t _ 0 Z6 5 20 s?.asaRt e ? 3t? ea '?s? ? ag- Z N 1 W57' S" N 10.39,1 FU > Z 'Z11 112.73 10,1,06.(, ?r p 41P 4 04 a 01 (21' 1 67') Fro l 1 + Inillal System +? (J? (211 % 6T) JS J'• ' Q' i 69??e? ? 1 u' i L9 / ?j9 ?o pp w" '6 Map created by Baldwin & Associates Greenville, NC SCALE: 1" = 100' Merrimon Bay; Lots 14 & 15 Land Management Croup, Inc. NWP 14 Application Environmental Consultants Wilmington, N.C. Septic system locations. Carteret County, NC April 2004 ?oF w A rF9o Michael F. Easley, Governor William G. Ross Jr., Secretary r4 q North Carolina Department of Environment and Natural Resources Q Y Alan Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality April 8, 2004 DWQ # 04-0521 Carteret County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Birger and Susan Elvanaes 7 Hill Side Avenue New Rochelle, NY 10801 James and Beverly Boyles 165 Elephant Road Dublin, PA 18917 Subject Property: Lots 14 & 15, Merrimon Bay Subdivision On April 2, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of constructing a road in Carteret County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. 1. Please provide a culvert under road crossing to allow for hydrological conductivity in bisected wetland. 2. Please provide locations of proposed septic systems in relation to lots and adjacent wetlands. Please telephone Ed Schwartzman at 919-715-3404 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733-6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. JRD/bs ,hn R. Dorney 1 Water Quality Certif' ation Program cc: Washington DWQ Regional Office Washington Corps of Engineers Central Files File Copy Kim Williams, Land Management Post Office Box 2522, Wilmington, NC 28402 MR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (httn://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Yandatana ,y?? 5wftA, Ac. mot C Coro 2522 ,pOm ?NWcGn,My&n, ?1rot?/c Yxie kna 28402 d'. 990-452-000Y 9?o&d IT. .46d Y., 9r 9".. TO: Mr. John Dorney Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 ' 9WA 94 3805 .1Amw WETLANDS I4* g,, m 284o3 March 31, 2004 APR 0, > 2004 WATER (QUALITY SECTION RE: 401 Water Quality Certification Application for the Merrimon Bay S/D; Lots 14 and 15 Carteret County, NC Dear John: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of the owners of Lots 14 (Birger and Susan Elvenaes) and 15 (James and Beverly Boyles) within the Merrimon Bay Subdivision located in Carteret County, NC. The applicants are proposing to construct a 20'-wide road that will run down the middle of their lots. Although they have attempted to minimize wetland impacts through careful site design, a wetland finger bisects the lots. A small road crossing is proposed in order to provide access to the western section of their lots, where they plan to build their houses. This crossing will result in 0.04 acre of wetland impacts. The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. In addition, the $200 application fee is also enclosed. Please contact Larry Baldwin or me if you have any questions or if an on-site visit is needed. Thank you for your assistance with this project. Sincerely, Kim Williams Wetland Scientist Encl. Cc: Mr. Derek Smith, Greenville Timberline Ms. Noelle Lutheran, DWQ Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, GC3404 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ? IL Applicant Information 1. Owner/Applicant Information Name: Bireer and Susan Elvenaes (Lot 14 Mailing Address: 7 Hill Side Avenue New Rochelle NY 10801 Telephone Number: (917) 405-4405 Fax Number: Name: James and Beverly Boyles (Lot 15) Mailing Address: 165 Elephant Road Dublin, PA 18917 Telephone Number: (215) 249-3138 Fax Number: 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: Ms. Kim Williams Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 Wilmington. NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: kwilliamsna,lmgroup.net Page 5 of 5 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 may be 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: Merrimon Bay; Lots 14 and 15 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 6494-02-8 4. Location County: Carteret Nearest Town: Merrimon Subdivision name (include phase/lot number): Merrimon Bay Directions to site (include road numbers, landmarks, etc.): Take 17 N to 172 E to 24 E to 70 E. Once past Morehead City, take left onto Merrimon Rd. Take a left onto Dollar Rd., which turns into 4 H Camp Rd. This road runs into property (see vicinity map). 5. Site coordinates, if available (UTM or Lat/Long): 34.9719 N 76.6624 W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Total tract = 630 acres; Lots 14 and 15 = 5.095 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Neuse River / Adam's Creek 8. River Basin: Neuse River Basin (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/mgps/.) 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 entire site was previously in timber cultivation. Several logging roads and ditches exist throughout the property. Adjacent land use is undeveloped/timber cultivation or residential. This tract is currently being developed into a residential subdivision. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The owners of Lots 14 and 15 propose to build a 20' wide road that leads from Garbacon Drive to glands at the back of their property. The owners plan to build their homes in these uplands. The road will be constructed on the border of both properties and will provide access to Lots 12 and 13 as well. 11. Explain the purpose of the proposed work: To provide access to uplands located at the back of Lots 12, 13, 14, and 15. 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 USACE 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. 404 wetlands were delineated on the entire tract and Mr. Mickey Sugg of the USACE confirmed the line on 7/23/03. Greenville Timberline, LLC recently qpplied for a permit to disturb 0.14 acre of 404 wetlands, 60 LF of stream channel, and 0.10 acre of riparian buffer. 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. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 wetland or stream Page 7 of 12 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: The applicants propose to impact proximately 0.04 acre of 404 wetlands. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no) Distance to Nearest Stream (linear feet Type of Wetland*** 1 Fill/culvert 0.04 yes 340 Forested wetland I * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://«unv.fcma.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 0.04 acre 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet 1 Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif ) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it floes. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, YRVN ?uest.com etc.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A No open water impacts. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Name Wate) (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation N/A No pond impacts. 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): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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 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. In the site design of this Droiect, wetland impacts were avoided and minimized to the maximum extent practicable. However, a wetland finger bisects Lots 12-15. In order to provide access to uplands located in the western sections of these lots, a small road crossing is needed. Only one road crossing is requested for all four lots, thereby reducing total wetland impacts. The applicants plan to build their homes in these uplands that are directly adjacent to Adam's Creek. Page 9 of 12 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 March 9, 2000, 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 NCWRP 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/stnngide.btml. 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, if offsite), 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. Because wetland impacts have been minimized, no mitigation plan has been prepared. Greenville Timberline, LLC has already agreed to place all remaining wetlands within Phase I of the subdivision in a deed restriction. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http:/'h2o.enr.state.nc.us/wEp/index.htin. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet):. Amount of buffer mitigation requested (square feet): Page 10 of 12 Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. 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 a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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 ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A 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 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 ? No ® 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 2 Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 1 I of 12 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. XI. 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. No impervious cover currently exists within lots 14 and 15. However, the entire tract is currently being developed and several roads have been installed. Section 1 of the Merrimon Bay Subdivision will create approximately 9,500 linear feet of roadway (60' wide) and 78 homes with driveways (average footprint 3,000 ft2). Total proposed impervious cover would be Eproximately 19 acres which is 5% of Section 1. The owners of Lots 14 and 15 will install silt fencing around the construction area to reduce erosion into wetland areas. XII. 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. On-site septic tanks will be used. Lots 14 and 15 have received permits to place septic systems on uplands located east of the wetland finger running through their property. XIII. 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 XIV. 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). N/A 16 Applicant/Agent's Signature Dafe (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ',., . Q"1 `\b J e ?!n«,r.w, roam +J J \\ ter.,. c..'n'•?VY ?_\`'' ' V MvlYnirt ?.'! SITE are - Nn fw- ftw - r^ '\ imhany Panel) w t r? .? 3`/r .,` r til •,' ; ti - ?`" "yr `'? ) unraimrwn KeW'' % ?5dvtG i . a _ ' , 7\\,\ --, -- :/ 01 SCALE 1" = 2.4 miles Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. March 2004 Figure 1. Vicinity map. TopoZone - The Web's Topographic Map, and more! ozone,.,. In E2 Get Quad Info Topo Download Photo Download -a,` USGS Topo Maps ?,' topmne 1:24K/25K Series CoVflVH1 2D03MW*1a * kF r 1:100K Series 1:250K Series Map Size r Small S Medium Large View Scale 1 . 100,000 .71 Coordinate Format DD.DDD Coordinate Datum WGS84 F Show target Email this map Bookmark this map Print this map V _ ri :.; t`+ Page 1 of 1 Tilt .this map L F 4 ,. .nom _ J 1 =, 34.9719°N, 76.6624°W (WGS84/NAD83) USGS Merrimon Quad TopoZone Pro elevation display ? i Gw,v?int ? ?•. 3 ' i ? T? N .FCJ .r. f z? J` I ld' l K ? a i 'l ' -m f ?a - Y ?a. f p Y? [ l ti PtiL} `: ;{F`• ? 0 1 2 3 4 0 0.6 1.2 1.8 2.4 3 TopoZone.com © 1999-2003 Maps a la carte, Inc. - All rights reserved. Use of this site is governed by our Conditions and Terms of Use, We care about your privacy - please read our Privacy Stz FIGURE 2. TOPOGRAPHIC MAP http://www.topozone.com/map.asp?z=18&n=3 871186.00005307&e=348241.999994843 &... 11/3/2003 I ?I SCALE 1" = 2000' Merrimon Bay; Lots 14 & 15 NWP 14 Application Carteret County, NC Land Management Group, Inc. Environmental Consultants Wilmington, N.C. March 2004 Figure I SCS soils map for Carteret County. _ ceai> oia? oa ?^rsR f I a 3?? ha?]oGr^oG v °' rr7 O ad IT 'O {( oN?o Uo O O ,? a „ ?,{/ z?o oO ZZZ 1orv?i° C,0 S1 ((???J(y- 5 oO o'?wG?i dFl U_ W ` ? t {J SS \ ? ? w?J ?1?w ??.1?wK rn tr vin ? ?m? J ? w O w tt ?L a"x?xxxrxro???p ?. ,, i O O? J ° GOON N S S 4•? ?LY S/ktttt t!'2300 ?LdO g V/ 1 3 1 'a8 . ( z z y O ., 0 3 ? Z-- ul ell, •+ ? N° ????3????.axr? o ?? S? z ? vy ? c ? ??3? ?j? t,21?2? F ?in , I 11 iiaisz '? E t ?F ?a 4 - - ::. X11. .?N g i?d? :5 'u 4P /j { _ _C6di /- _ 11-0 u O O Z W o ems; n a* k Kiwi rv$ •••''? / ??? I J << U E W6?°°ob Y xis ;?' T Wax 1E -17 W i ?? a gagg -?83 a Fla IflU z F? V) 1 lki& SS v9Df'»„? ? p 1 ? 1-? 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(xse, ?• 4i• n? 8 ag Proposed impacts to 404 Wetlands (0.04 ac) Map created by Baldwin & Associates SCALE: 1" = 200' Greenville, NC Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. Environmental Consultants Figure 5. Road crossing NWP 14 Application Wilmington, N.C. showing 404 wetlands impacts. Carteret t County, NC March 2004 03/26/2004. 15:35 9146321558 RIVERPOINT PAGE 01 AGENT DISCLOSURE FORM i i TO WH?M IT MAY CONCERN: I? UM th ?1 undGt'sigaed, hereby authorhe Land M&Mmwa Group, Tne. to act as our agog in the Pt'CP and mmu atation of iaf inm6oa rdned to the pmm* app*ation for IOU 14 and 15 in the ? 4?rdmjl BRY Subdhision in Carteret County, NC. should bo directed to Lmd Mansgenmi ()wV, I=. I All quesdams in rcgwds to this project g'La c l Dalc 5wfVk, Jwc. WETUgNAS / 401 (3RpUP At 4)r4e .fox 2512 Vdminytm, AWA %aea/&w 18401 9e? 990-452-0009 91.04t .T. 10"d March 31, 2004 TO: Mr. John Dorney Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 APR "' 2004 WATER QUALITY SEC not4 .guile Y4 2 Cog" 3803'Xr.? . WvmwA WI tan, /ff 28403 RE: 401 Water Quality Certification Application for the Merrimon Bay S/D; Lots 14 and 15 Carteret County, NC Dear John: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of the owners of Lots 14 (Birger and Susan Elvenaes) and 15 (James and Beverly Boyles) within the Merrimon Bay Subdivision located in Carteret County, NC. The applicants are proposing to construct a 20'-wide road that will run down the middle of their lots. Although they have attempted to minimize wetland impacts through careful site design, a wetland finger bisects the lots. A small road crossing is proposed in order to provide access to the western section of their lots, where they plan to build their houses. This crossing will result in 0.04 acre of wetland impacts. The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. In addition, the $200 application fee is also enclosed. Please contact Larry Baldwin or me if you have any questions or if an on-site visit is needed. Thank you for your assistance with this project. Sincerely, n Kim Williams Wetland Scientist Encl. Cc: Mr. Derek Smith, Greenville Timberline Ms. Noelle Lutheran, DWQ Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14, GC3404 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Birger and Susan Elvenaes (Lot 14) Mailing Address: 7 Hill Side Avenue New Rochelle. NY 10801 Telephone Number: (917) 405-4405 Fax Number: Name: James and Beverly Boyles (Lot 15) Mailing Address: 165 Elephant Road Dublin, PA 18917 Telephone Number: (215) 249-3138 Fax Number: 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: Ms. Kim Williams Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 Wilmington, NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: kwilliamsglmgroup.net Paae 5 of 5 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 may be 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: Merrimon Bay; Lots 14 and 15 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 6494-02-89-0499 4. Location County: Carteret Nearest Town: Merrimon Subdivision name (include phase/lot number): Merrimon Bay Directions to site (include road numbers, landmarks, etc.): Take 17 N to 172 E to 24 E to 70 E. Once past Morehead City, take left onto Merrimon Rd. Take a left onto Dollar Rd., which turns into 4 H Camp Rd. This road runs into property (see vicinity map). 5. Site coordinates, if available (UTM or Lat/Long): 34.9719 N 76.6624 W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Total tract = 630 acres; Lots 14 and 15 = 5.095 7. Nearest body of water (stream/river/sound/ocean/lake): Neuse River / Adam's Creek 8. River Basin: Neuse River Basin (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/m4ps/.) 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 entire site was previously in timber cultivation. Several logging roads and ditches exist throughout the property. Adjacent land use is undeveloped/timber cultivation or residential. This tract is currently being developed into a residential subdivision. Paee 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The owners of Lots 14 and 15 propose to build a 20' wide road that leads from Garbacon Drive to uplands at the back of their property. The owners plan to build their homes in these uplands. The road will be constructed on the border of both properties and will provide access to Lots 12 and 13 as well. 11. Explain the purpose of the proposed work: To provide access to uplands located at the back of Lots 12, 13, 14, and 15. 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 USACE 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. 404 wetlands were delineated on the entire tract and Mr. Mickey Sugg of the USACE confirmed the line on 7/23/03. Greenville Timberline, LLC recently 4pplied for a permit to disturb 0.14 acre of 404 wetlands, 60 LF of stream channel, and 0.10 acre of riparian buffer. 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. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 wetland or stream Page 7 of 12 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: The applicants propose to impact approximately 0.04 acre of 404 wetlands. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no) Distance to Nearest Stream (linear feet Type of Wetland*** 1 Fill/culvert 0.04 yes 340 Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://Ny_w fcmaaov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 0.04 acre 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (pleas seci ) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditcbing/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Wbyw.usgs.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toRozone.com, www.mal2 uest.com, etc.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A No open water impacts. Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation N/A No pond impacts. 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): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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 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. In the site desicn of this nroiect. wetland impacts were avoided and minimized to the maximum extent practicable. However, a wetland finger bisects Lots 12-15. In order to provide access to uplands located in the western sections of these lots a small road crossing is needed. Only one road crossing is requested for all four lots thereby reducing total wetland impacts. The applicants plan to build their homes in these uplands that are directly adjacent to Adam's Creek. Page 9 of 12 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 March 9, 2000, 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 NCWRP 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/strmg.ide.html. 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, if offsite), 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. Because wetland impacts have been minimized no mitigation plan has been prepared. Greenville Timberline LLC has already agreed to place all remaining wetlands within Phase I of the subdivision in a deed restriction. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wip/index.htin. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet):. Amount of buffer mitigation requested (square feet): Page 10 of 12 Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. 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 a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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 ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A 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 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 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® 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. Zone* Impact (square feet) Multiplier Required Mitigation I 2 Total * Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I I of 12 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. XI. 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. No impervious cover currently exists within lots 14 and 15. However, the entire tract is currently being developed and several roads have been installed. Section 1 of the Merrimon Bay Subdivision will create proximately 9,500 linear feet of roadwgy (60' wide) and 78 homes with drivewavs (averaee footprint 3,000 ft2). Total proposed impervious cover would be approximately 19 acres which is 5% of Section 1. The owners of Lots 14 and 15 will install silt fencing around the construction area to reduce erosion into wetland areas. XII. 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. On-site septic tanks will be used. Lots 14 and 15 have received permits to place septic systems on uplands located east of the wetland finger running through their property. XIII. 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 XIV. 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). 16 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Paae 12 of 12 .?, x.- .` f ? SITE A,au ?`?a a {ter e.fort ?'Da? } c IJ d ? P? 1 ? I ( .fl Kemeny 6-ih to S 1 ? rf ft:, f _ , 01 ID ?[Il- NI - ti..-?' 1• .mil ?g I ? ?t"y-- - ? , ?I i? SCALE 1" = 2-A miles Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. NWP 14 Application Environmental Consultants Wilmington, N.C. Figure 1. Vicinity map. Carteret County, NC March 2004 TopoZone - The Web's Topographic Map, and more! ozone Get Quad Info Topo Download Photo Download a.?#caasl,yz T Page 1 of 1 71 ?K@ this ma 34.9719°N, 76.6624°W (WGS84/NAD83) USGS Merrimon Quad TopoZone Pro elevation display ..USGS Topo Maps topcme 1:24K/25K Series cmr4m19 5,=topsainMft kF 1:100K Series V 1:250K Series Map Size r Small Q' Medium Large View Scale 1 : 100,000 Coordinate Format DD. DDD Coordinate Datum WGS84 - rv-1 Show target Email this map Bookmark this map Print this map ?r v 1 A. CN}ar P61?,t _ ?. ; . Y n „ f> 0 1 2 3 4 0 0.6 1.2 1.8 2.4 3 TopoZone.com © 1999-2003 Maps a la carte, Inc. - All rights reserved. Use of this site is governed by our Conditions and Terms of Use. We care about your privacy - please read our Privacy Sta FIGURE 2. TOPOGRAPHIC MAP http://www.topozone.com/map.asp?z=18&n=3871186.00005307&e=348241.999994843&... 11/3/2003 t \_ 9 - fn T SCALE 1° = 2000' Merrimon Bay; Lots 14 & 15 Land Alanagement Group, Inc. N\VT 14 Application EnvimnmcntalConsultants Carteret County, NC Wilmington, N.C. I March 2004 Figure 3. SCS soils map for Carteret County. (reaU ciao se f 2 1 1 vi =3g ( ? ?°+oen c "P l oG?oG v °' yy33? oN?+o vo b?ooooo?o?g}?Qgy i' zoz zz zzzzOio?9?b ?,o boo Ro4o?OGi diN OOma a).N?U if .N ilkllo2?ip Q O ?N ? ??335553????o a Wp??UM g z W? VJ (Z d-OOO O Uz L`J o _J ?a x z s ON U) C? a 0 < w zW W EL ? ? ? 7 ??Fx z b o $? O z 0 a I L J m w o w $ Q 0 J - 0 U? N 0?5 ul; . ji, olix a? has P" na F=??? ia, ??M *i? 01 h g? -,, 333 MIN Z LLJ p ? ? kS is '$t# t LL] I VAN IN ?9o u3 LIJ 9 NE Nq p;*w ?egjgl '°-t? 8"°0 yy? g ?a? ? 8 ,.,5 g sib ga, U! O D?a w i ?? gV z; t Z o=N s 5 S 1 W a' 1 „ t9e y 11 1 A ?. LJ W ' ' ' f {4 It 4', ilt 4 4, 4 i t/ i :.? 11 ? ? ? 1 ( 11 ? M. ? 0 1 / / < i 01 0!2 It of ' aNa nnnftft m .h Mrl u,? m m.?ama •j •iom x . d V) u- ., a 2 2,11,E ?,1 Z- I t/1 1r - Ell 4 4 1 1 1 1 1 O 4 4 4 4 r { 1 t4 4 4 4 ! '1 .1 j' 1> 4axi .yw ,'?t< ?•????m?o?f 1, ?,?, X11 ? ? , 11 4 4 1* ....... < ' 4 11 4,1 14 4' 1 &? s 1° = ''' A R avai? U s Z°.. \ O ? ® ll?, Q 0;.? gK o? Os 1 L S REEK ? s 19 V" =x 19 Z w U) 4 w LL • ?io f o r ? « ...,. ,.:: :,•. ,:,x;,'.•:;117. e J 7r• K` ae ? tv ?? € • r ? R ? s "??!i? J?,;I???: ? .i (off F a 5 21'40'50' 9 191Err F k K «r F K r r K r• • K K?1/r r? e r t r k r« t ?\ r K r ? '? ?+ r dC y o ? "o o r u F? " El o ao ?? ?y Pro osed 20'- ide r ad y ,, lids u t rn 0' 10'23'12' 00 .111 In.V60 2j.yp'(aN) r -T 02'/ ?Yy ?/'- l DS.ItbLS '9>.,23•0.7•E L N 1 GNU 6ss? H (60' R? CQN g?l'Yp t N 1657 8 N 1039'0 9 ?T` ? JGl v 112.73' CN 10 R. ], N?e? (w]) ze z, t - r - rs 00• --? 01. L N 2p?7y W ? ? ) • t.l 1 . 01. ? ? ssfoy C s ? Vel 4 n m S R? ag Proposed impacts to 404 Wetlands (0.04 ac) Map created by Baldwin & Associates SCALE: V= 2001 Greenville, NC Merrimon,Ba , Lots 14 & 15 Land Management Group, Inc. y Environmental Consultants Figure 5. Road crossing NWP 14 Application Wilmington, N.C. showing 404 wetlands impacts. Carteret t County, NC March 2004 03/26/2004 15:35 9146321556 RIVERPOINT i I i AGENT DISCLOSURE FORM i i TO WH?M IT MAY CONCERN: I/wc- tW uo M*wd, hereby anthori m T.and M&Mwm t Group, Inc. to act as our agent in the MW+- snd t?epraseatation of ini mmrtioa related to the permit appllcatio» fbr LOU 14 wo 13 in the lrrt n Bay Subdivision in Grtem County, NC. All questions in regards to this project should b* directed to Land Mwasemunt owup, inc. ii J4 al'a i 2 Gt. L? L L vta.l ? S OwnwAppHewt i Daie i PAGE 01 ,7?? 340tq?, AnC. WETLANDS 1401 GROUP 9W 4f? 'I&X 255n APP 10, 2004 WldLmif&,, dtodA Vaw"a 28402 910-452-000Y ( ' s,; 1 x:>= F , WATER QUALITY SECTION Z.Y °Il? .?oNiaon .7805 28408 March 31, 2004 TO: Mr. John Dorney Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 RE: 401 Water Quality Certification Application for the Merrimon Bay S/D; Lots 14 and 15 Carteret County, NC Dear John: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of the owners of Lots 14 (Binger and Susan Elvenaes) and 15 (James and Beverly Boyles) within the Merrimon Bay Subdivision located in Carteret County, NC. The applicants are proposing to construct a 20'-wide road that will run down the middle of their lots. Although they have attempted to minimize wetland impacts through careful site design, a wetland finger bisects the lots. A small road crossing is proposed in order to provide access to the western section of their lots, where they plan to build their houses. This crossing will result in 0.04 acre of wetland impacts. The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. In addition, the $200 application fee is also enclosed. Please contact Larry Baldwin or me if you have any questions or if an on-site visit is needed. Thank you for your assistance with this project. Sincerely, n h Kim Williams Wetland Scientist Encl. Cc: Mr. Derek Smith, Greenville Timberline Ms. Noelle Lutheran, DWQ Office Use Only: r ?? . Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing II. 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ? New Rochelle NY 10801 Telephone Number: (917) 405-4405 Fax Number: Applicant Information 1. Owner/Applicant Information Name: Birger and Susan Elvenaes Mailing Address: 7 Hill Side Avenue Name: James and Beverly Boyles (Lot 15) Mailing Address: 165 Elephant Road Dublin PA 18917 Telephone Number: (_215) 249-3138 Fax Number: 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: Ms. Kim Williams Company Affiliation: Land Management Group, Inc. Mailing Address: P.O. Box 2522 Wilmington, NC 28402 Telephone Number: (910) 452-0001 Fax Number: (910) 452-0060 E-mail Address: kwilliams(a,lmgroup.net 14 Page 5 of 5 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 may be 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: Merrimon Bay; Lots 14 and 15 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN) 6494-02-89-0499 4. Location County: Carteret Nearest Town: Merrimon Subdivision name (include phase/lot number): Merrimon Bay Directions to site (include road numbers, landmarks, etc.): Take 17 N to 172 E to 24 E to 70 E. Once past Morehead City, take left onto Merrimon Rd. Take a left onto Dollar Rd., which turns into 4 H Camp Rd. This road runs into property (see vicinity map). 5. Site coordinates, if available (UTM or Lat/Long): 34.9719 N 76.6624 W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Total tract = 630 acres; Lots 14 and 15 = 5.095 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Neuse River / Adam's Creek 8. River Basin: Neuse River Basin (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 entire site was previously in timber cultivation. Several logging roads and ditches exist throughout the property. Adjacent land use is undeveloped/timber cultivation or residential. This tract is currently being developed into a residential subdivision. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The owners of Lots 14 and 15 propose to build a 20' wide road that leads from Garbacon Drive to uplands at the back of their property. The owners plan to build their homes in these uplands The road will be constructed on the border of both properties and will provide access to Lots 12 and 13 as well. 11. Explain the purpose of the proposed work: To provide access to uplands located at the back of Lots 12, 13, 14, and 15. 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 USACE 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. 404 wetlands were delineated on the entire tract and Mr. Mickey Sugg of the USACE confirmed the line on 7/23/03. Greenville Timberline LLC recently applied for a permit to disturb 0.14 acre of 404 wetlands 60 LF of stream channel and 0.10 acre of riparian buffer. 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. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 wetland or stream Page. 7 of 12 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: The applicants propose to impact approximately 0.04 acre of 404 wetlands. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** I Fill/culvert 0.04 yes 340 Forested wetland I I * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http.//xvww.fcma.aov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 0.04 acre 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma) Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us°s.goy. Several internet sites also allow direct download and printing of USGS maps (e.g., ww)x.topozone.com, unj--_ma uest.com, etc.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: N/A No open water impacts. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Waterbody (if applicable) Type of Waterbody (lake, pond estuary, sound, ?', sound bay, ocean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation N/A No pond impacts. 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): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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 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. In the site design of this nroiect, wetland imnacts were avoided and minimized to the maximum extent practicable. However, a wetland finger bisects Lots 12-15. In order to provide access to uplands located in the western sections of these lots, a small road crossing is needed. Only one road crossing is requested for all four lots, thereby reducing total wetland impacts. The applicants plan to build their homes in these uplands that are directly adjacent to Adam's Creek. Page 9 of 12 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 March 9, 2000, 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 NCWRP 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 bttp://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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, if offsite), 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. Because wetland impacts have been minimized no mitigation plan has been prepared. Greenville Timberline LLC has already agreed to place all remaining wetlands within Phase I of the subdivision in a deed restriction. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at 1-ittp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Page 10 of 12 IX. X. Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 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 a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 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 ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A 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 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 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 2 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I 1 of 12 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. XI. 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. No impervious cover currently exists within lots 14 and 15. However. the entire tract is currently being developed and several roads have been installed. Section 1 of the Merrimon Bay Subdivision will create approximately 9,500 linear feet of roadway (60' wide) and 78 homes with driveways (average footprint 3,000 ft2). Total proposed impervious cover would be approximately 19 acres which is 5% of Section 1. The owners of Lots 14 and 15 will install silt fencing around the construction area to reduce erosion into wetland areas. XII. 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. On-site septic tanks will be used. Lots 14 and 15 have received permits to place septic systems on uplands located east of the wetland finger running through their property. XIII. 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 XIV. 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). Applicant/Agent's Signature Dafe (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 «e? y f 1 SITE L,m l I I ? ,V; • ` I Au .. .?."".' - ire ? .€(j? ?o ? ?.al f ?rtd nary B?:cV? W f(m•,nnpam Fmry. SCALE 1" = 2.4 miles Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. NWP 14 Application Environmental Consultants Carteret County, NC Wilmington, N.C. March 2004 Figure 1. Vicinity map. - F ° ?``? .Y (? I l r, f ;«r ?? 1 ~•?5"12 ?? 1. ! ? ?? ... ' \, ra, . 1 A ' ?ir?l l' ! .F f Dacrpk: - - - ? I klr m i 4'' +$ ' r^ df f TopoZone - The Web's Topographic Map, and more! Page 1 of 1 ?,ti `_:•- 1i this reap r ,qRozone- - F Get Quad Info 34.9719°N, 76.6624°W (WGS84/NAD83) USGS Merrimon Quad Topo Download TopoZone Pro elevation display Photo Download -4 d: USGS Topo Maps r to;xme 1:24K/25K Series n1W2M3Mwatacaf 1:100K Series 1:250K Series Map Size r Small Q' Medium r Large View Scale 1 : 100,000 Coordinate Format DD. DDD Coordinate Datum WGS84 - r o- target Email this map Bookmark this map Print this map l 1• V i L (}vr " 0 1 2 3 4 0.6 1.2 1.8 2.4 3 TopoZone.com © 1999-2003 Maps a la carte, Inc. - All rights reserved. Use of this site is governed by our Conditions and Terms of Use. We care about your privacy - please read our Privacy StE FIGURE 2. TOPOGRAPHIC MAP http:Hwww.topozone.com/map.asp?z=18&n=3871186.00005307&e=348241.999994843&... 11/3/2003 i SCALE 1" = 2000' kMerrimon Bay; Lots 14 & 15 Latnd Management Group, Inc. 14 Application Environmental Consultants Figure 3. SCS soils map ret County, NC Wilmington, N.C. for Carteret County. March 2004 41 '_ ,uaon nN? o { of 0 V o O 88 z f `?v> 000oo4 ?a??GGG c m m w c w w w 2 2 yx9xyayngayaybyryn?? 0 0 0? O v° Q ? Z jog S/ p - 3333y3?3333?000 ??wco pp U ?8? N -q -q LU till 0 AY3 ggNilNb z pp d j y N?F]o F ZUaO vJ LLJ ° ?„ ?? ono F MT N T g ?o ?40 qj. Q?n?g ??% rya@2y??5q Ra Z?" £ 9?°?r ;gySy7ow?^?ost'?? LL Z t7l NN'A ? d ?5 a1 M TN, 7 jj q U) cl- 2 a j O T- iw o U 7 Z LLJ p a .9" 3,- 9 3 ° 0 PRO LLJ flp 1 Ir r9Cf 1 ra fk ?•?'? ? ILl ??"w. ??b ?S?P.3S??? b ? d?©rup 4 ? k??? ? &g w ?"9;o?N? 39 JI + " ;rr?j / W u.qaF° MR wN j r r rv /fir d ?? ?s & k 8' 2 1?, r 1 r 1 1 6?e ', ... A8 LL / LL1 ,41/14 Omni j r r r? ? 2 V ? i t (( ) r 0 r' V?? P?'/ S ? fi ? a°IR"- ?J g - , :s $ 4 U? 1 'I(\? ? "000 0 -? A U1 -i 0 0 O? \\0 oyr? 00 08 I ? IR"? ? u..1 f r 1 1 1" ? A O 41 4 / / 1 t , 1 A Oc SZ L S /.. 14 4 104 1 2rr 4 rr p® i'?+ oz91 ??n? w ?1 Sr a? r2r .r,,,.„r?'r. ? „•,,.,,..,..r.r,••.. , 1? ? r /? ? / 1? ? r? r? OA Q M wi I ' i ?: 1 / /r i r r a rr 1 ??gz _ Www w " jam: t? r r to 14 '44 ?0• ' / r / / , / S Egg lox RStGiaa ?v # Sf MS CREEK Ply ?•? ? ?? il l . o f 4 -t? t :. T. ?? ' '. s' ?, k, v?. N 1 7 `4 ? 1 17 .. r?? Dy? W a7D >'v ? rv pD,p y? ?t W 1 M P 4e E I,I:?I'fi ? Cc? E I? FIB I Wy r . I )?? i f' ? N 1 N Y N N Y 1 s 2! 40'80' c ,D,.+o' E„ E k E /1 K K 11 E /1 ? E @ K /1 ? t e t / / / f O Y N ¢ \ E o _ r to ? ,,t ? + m a w `s• '_ Pro osed 20'-? ide J ad i VON 1 J ??O ? ?Vy y 1e * ,e•?r,• 'Y ?y?p6•aS 0 Ft7.ea'[CH f/?.8p ?• F 907' ,/? t„??. bZ 5 '80.5 (CFI) h 0.s' F oc.Vt ??'Qpp? pr oe;?. Hu N (so, RA'wyCQM iQ'(J 7 . ,857' D w 1OJf' D 8' DR iS'Z,l 6 ?`(GI. 'T9Lj • ?'( ) 4. • QL 1L H It. 4 . 15.00' -?? 0"01 Pue Ck` Lb' N &6 011, - .41 s? B R!^ h Proposed impacts to 404 Wetlands (0.04 ac) Map created by Baldwin & Associates SCALE: V = 200' Greenville, NC Merrimon Bay; Lots 14 & 15 Land Management Group, Inc. Environmental Consultants figure 5. Road crossing NWP 14 Application Wilmington, N.C. showing 404 wetlands impacts. Carteret t County, NC March 2004 03/26/2004 15:35 9146321558 RIVERPOINT PAGE 01 i i i AGENT DISCLOSURE FORM i TO WHbM IT MAY CONCERN: Uw P- the aodersigaed, hereby mahorW Land MemtS..U Croup, Inc. to act as our want in the and nepr"ion of infD="na Meed to the permit application for Lots 14 end 15 in the ?u?Mfrnmon Bay Subdhiaion in Guteret County, NC. All questions in rcgaeds to this project b dkected to Lmd Mmwnunl Qr?up, I., N -? (-flGu? S t 2 CAL d~ ?. L_ vGaJ? S Owner/Ap*sw k DWQ# Date Who Reviewed: - ?5 a Plan Detail Incomplete ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. S ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please provide $ . This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. ^l T'Flea5? ?ivv-dE C&j IvgC4?uhdel' fb ?"J C/'os5tn JC7 r' biS0-Cle) r?n ? i?y ? .Fa` yoroyal daC,v r'o ose?5e ??C sy.srs Gov; ?E ?ocQ?l av?s Of I 1 / 1 Q- a Je J c. , I r, 1 • r 1 . /1-) 1 n .t' 0-1 1AA0 F !17 v?IIc LAND MANAGEMENT GROUP, INC. ENVIRONMENTAL CONSULTANTS North Carolina Division of Water Quality Date Type Reference 03/31/2004 Bill 401 Permit Fee ()40511 NO Coastal Federal Bank 401 Water Quality Certification 3/31/2004 22759 Original Amt. Balance Due Discount Payment 200.00 200.00 200.00 Check Amount 200.00 WETLANDS 1401 GROUP APR 07 2004 WATER QUALITY SECTION 200.00 UNITED STATES POSTAL SERVICw i L , First-Class Mail DET i c r-xorx - 1 dr' Far Avr n 113 A11K • Sender: Please prf Y gt tea address, and Mad in NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 ¦ Complete items 1, 2, and 3. Also complete A. Signayfe Item 4 If Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse Addresse so that we can return the card to you. B. Received b ame) C. Date of Deliver. ¦ Attach this card to the back of the mailpiece, or on the front if space permits . ? . d ? Y I. Article Addressed to: S S V C Is de ve d iffe m rt m 1? D If Y ter ad a slow: es 13 No ry UV Land Management Post Office Box 2522 Wilmington, NC 28402 3. ervice7ype DWQ# 04-0521 - Carteret ertified Mail ? Express Mail ? Registered Retum Receipt for Merchandisi ? Insured Mail ? .O.D. 4. Restricted Delivery? (Extra Fee) ? Yes ?. Article Number 7002 2410 0003 0275 4858 (Rapsler ft m rom service label) (Hens ?S Form 3811, August 2001 Domestic Return Receipt 102595.02-M-1&