HomeMy WebLinkAbout20040999 Ver 1_COMPLETE FILE_20040621?oF wa
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Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 13, 2004
J.K.E. Development, LLC
C/o Mr. Warren Eadus
4717 N. Croatan Highway
Kitty Hawk, NC, 27949
Subject Property: J.K.E. Four Lot Subdivision
DWQ Project # 04-0999
Dare County
Page 1 of 3
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Eadus:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.10 acres of wetlands for the purpose of constructing a
subdivision at the subject property, as described within your application dated June 17, 2004 and
received by the N.C. Division of Water Quality (DWQ) on June 21, 2004. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 18
when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge,
and other applicable regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
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), (htt?://h2o.enr.state.ne.us/ncwetlands)
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Applicant:
Page 2 of 3 ,
Date:
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream N/a (feet)
404/LAMA Wetlands 0.10 (acres) PCN form
Waters N/a (acres)
Buffers N/a (square ft.)
2. Erosion & Sediment Control Practices
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.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. 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.
Applicant:
Page 3 of 3
Date:
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
5. 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 the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the
sample deed notification may be modified as appropriate to suit to this project.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), 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, which
conforms 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 Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-
6481.
Sincerely,
or4 Ir4
Alan W. Klimek, P.E.
Applicant:
Page 4 of 3
Date:
AW Klcbk
Enclosures: GC 3402
Certificate of Completion
cc: Warren Eadus, P.O. Drawer 870, Kitty Hawk, NC, 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 040999JKE(Dare)401
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WQ Supervisor: Finger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name JKE Development County Dare
Project Number 04 0999 County2
Recvd From APP Region Washington
Received Date 6/21/04 Recvd By Region
Project Type residential
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
18 404 FT ON F- 30-19 sc 30,156. 0.10 F- rF r-
? I-F
oY ON
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 360353 Longitude (ddmmss) 754238
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1
1 '14
Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: 252-261-3300
Fax: 252-261-1260
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
June 17, 2004 WETLANDS/ 401 GROUP Eduardo J. Voldlvieso, RE.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
Mr. John R. Dorney U? 2 X 2004 David S. Neff
NCDWQ-401 Wetlands Unit WATER
1650 Mail Service Center QUALITY SECTION
Raleigh, NC 27699-1650
Re: Nationwide 18 Fill Permit Application
JKE Development, LLC, Four Lot Subdivision, Dare County, North Carolina
Dear Mr.Dorney:
Please find enclosed seven copies of an application and associated documentation for a Nationwide 18 Fill
Permit Application. One copy of the Nationwide 18 Fill Permit Application has been submitted to Mr.
William Wescott of the US Army Corps of Engineers (USACE). This permit request has been submitted
to your attention by Quible & Associates, P.C. (Quible) on behalf of JKE Development LLC.
The enclosed permit application is a request to backfill 0.01 acres of jurisdictional Section 404 Wetlands.
The wetlands are clearly indicated on the enclosed plat. Proposed mitigation of the project is contribution to
the Ecosystem Enhancement Program (EEP) formerly referred to as the Wetlands Restoration Program
(WRP). A formal written request for permission to contribute to the EEP as a wetlands mitigation measure
was mailed to the EEP office today.
There are a total of 0.202 acres of wetlands on the 0.514 acre lot. The permit application requests that
0.01 acres of wetlands be filled, and a 0.25 acre ($3,000.00) contribution be made to the EEP as proposed
mitigation. The wetlands are requested to be filled so that the residential property can meet the Town of
Kitty Hawk and Dare County zoning requirements for structures and septic systems. As indicated in the
Nationwide 18 Fill Permit Application, the property sale is scheduled for closing on July 4, 2004.
Construction is expected to begin in mid July for a January 1, 2005 deadline. Therefore, we respectfully
request that the permit application be processed as expeditiously as possible.
Please do not hesitate to contact the undersigned at (252) 261-3300 if you have any questions or comments
concerning this project.
Sincerely,
Quible Associ es, P.C.
Warren Eadus
enc Nationwide 18 Fill Permit Application
cc Mr. Jeff Emanuelson
file
r
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 4 0 9 9 9
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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: Nationwide 18 Fill
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
Owner/Applicant Information
Name: J.K.E. Development, LLC
Mailing Address: 4717 N. Croatan Highway, Kitty Hawk, NC 27949
Telephone Number: 252.261-2212 Fax Number: 252.261.1115
E-mail Address:
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: Warren Eadus
Company Affiliation: Ouible & Associates, P.C.
Mailing Address: P.O. Drawer 870, Kitty Hawk, NC 27949
Telephone Number: 252.261.3300 Fax Number: 252.261.1260
E-mail Address: weadusna,quible.com
Page 5 of 12
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: JKE four lot subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Pending Town of Kitty Hawk council meeting.
4. Location
County: Dare Nearest Town: Kitty Hawk
Subdivision name (include phase/lot number): David and Barbara Tillett
Directions to site (include road numbers, landmarks, etc.): Property is southeast portion of a
four lot subdivision at the intersection of NC SR 1212 (Kitty Hawk Rd.) and NC SR 1206
(Midg_ett Road). From Hwy 158 in Kitty Hawk head east on Kitty Hawk Rd. site is at
intersection of Midgett Road and Kitty Hawk Road.
5. Site coordinates, if available (UTM or Lat/Long): 36°03'53.1", 75°42'38.1"
(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): 22,368.73 s.f.
7. Nearest body of water (stream/river/sound/ocean/lake): UT Kitty, Hawk BayL500' east and
500' west of site.
8. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htW:Hh2o.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:
Residential
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project is the fill of 0.10 acres of wetlands for the development of a residential
property and associated on-site wastewater system. The construction will include front end
loaders and backhoes along with conventional grading and home construction equipment.
11. Explain the purpose of the proposed work: The purpose of the proposed work is the
development of the residential property.
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.
This is a newly subdivided lot.
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.
None
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 s
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
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: None
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
I00-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
fill 0.10 no -500 ft. Section 404-freshwater
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://www.fema.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: 8,810 s.f. (0.26
acres
Total area of wetland impact proposed: 4,332.63 s.f. (0.10 acres)
3. Individually list all intermittent and perennial stream impacts below: NA
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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mal2quest.com, etc.).
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: NA
Page 8 of 12
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.
5. Pond Creation NA
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.
The site currently can not be developed without the proposed fill because of wastewater setbacks
reauired by the Dare Countv Health Department and property setbacks reauired by The Town of
Kitty Hawk.
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
Page 9 of 12
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/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.
Due to the limited size of the property, it is requested that JKE Development, LLC be
allowed to contribute to the Ecosystem Enhancement Program (EEP formerly known as the
Wetlands Restoration Program (WRP).
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/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):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 0.25
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
Page 10 of 12
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)
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 3
2 1.5
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.
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.
Page 11 of 12
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.
Local impervious coverage requirements will be met at the site.
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.
The proposed single family home will have an adequately sized on site waste water system
installed, which will meet all requirements of the Town of Kitty Hawk and Dare County.
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).
The site is scheduled for closure on or about July 4, 2004. Due to the high volume and workload
of the USACE representative the wetlands line will not be available for confirmation until June
17, 2004. On June 17, this Permit Application and the wetlands confirmation plat will be
presented to the USACE regulatory official. The applicant is aware of the 30 day review period
the USACE has established for projects of this nature, however, it is respectfully requested that a
determination be made prior to the July 4, 2004 property closing. - Any assistance the USACE
can offer in the expedition of this application will be greatly appreciated.
1VAW 61(:W64,
A plic t/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
6-17-04;11;27AM;OUIble and ASSOC. ;1 252 261 1260 # 21 2
June 17, 2004
To whom it may concern:
ME Development, LLC authorizes Q
USACE,mP Ttiony n e 18 Fill
LCV Develoj*nen , Lot division
& Associates, P.C to act as agents and execute a
st Application for a property identified as JKE
Date : 17- e
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t
?a Poww PPolat ON Lhn
CM Rod
O Ex.
® WETLAND AREA PROPOSED FOR FILL
TOTAL AREA PROPOSED FOR FILL
4,33283 a.L
a SILT FENCE
ne>o<.neTel
C-1 a- 54230' L- 27AW C. 366'081iTE 233!'
C-2 R- 54EW L- MAT C- SW48WT 206,82'
(6Q
\
(f A\
'? ?' \ 54.66 >Q NL / \
\ 14363 as rL \
\ rs P
NOTES \\ ms's S
1. TOTAL PROPERTY AREA 22,38&73 S.F. (0.514 ACRES) \ Y? \ , 7IAO4
2. TOTAL AREA OF UPLANDS 13,8Sd? U. 0.311 ACRES) \ \ ?•
3. TOTAL AREA OF WETLANDS 8,810.00 SF. 0.202 ACRES) L? ?\ X
4. TOTAL AREA OF PROPOSED Fu 4,33283 S.F. 0.088 ACRES) J \ \ is
S WETLAND MTIIGATION PROPOSED 0.25 ACRE \
TO ECOSYSTEM D*tANCEMENT PROGRAM (EEP) UO00.0O
8. ALL PROPERTY AND SEPTIC SE78ACKS AS SHOW \ M-7
LIE BEAR" MST.
VL-V2 N?M14N %A'
V2-V3 MG*a JVV 1"91
V3-V4 N0B'12V7'V 195O'
V4-V3 N0r2626 V 47Ar
V3-V6 NWU36N 235P
VG-V7 NQ'Or57'E 18,00'
V7-VO N59'363YE 3340
VB-V9 364'12'39'E SUr
V9-V10 S1T41'S9'E 2230'
VMI-VU 34TITIO E 1600'
V11-W S10'4CVM 1646•
V12-Vt3 36T04'm'E 13M
V13-V14 S48*18" 0'E 19.30'
\ l
\ a rya t,'<??%
\\ ff-2,
s \
\ J
d \
i3A\ \ \
n.46a as rt
s
c3 t
i
? 9tIBON90N \
y? ?N \
? CORNER \
I QN? op
I FED
I
3?p 4
GRAPHIC SCALE
w s w n w
1 1mh ? 49 it
Triage Check List
Date: ?.7 0
To: ? ARO
? FRO
? MRO
? RRO
Project Name:
DWQ#: d- d 9'
County: 1 .
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
4 WaRO
? WiRO
? WSRO
Tom Steffens
Noelle Lutheran
Daryl Lamb
From: Telephone : (919)
X33 ?WL-
The file attached is being forwarded to Your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-a placation meetin??
J4 Cumulative impact concern qcr-? .
Comments:
clom 0
SINCF. 1959
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING
TRANSMITTAL
Projectt JKE Development Date: 06/17/04
Tot Mr. John Dorney Project No:
04083
We transmit: ? herewith
Via: ? overnight
For your: ? use
? approval
The following: ? drawings
? specifications ? data
? per your request ? under separate cover
? hand delivery ? US Mail
? review & comment ? information
? records ? distribution
? correspondence ? shop drawings/samples
? contractual data
# Date T Description
6 06/17/04 Nationwide 18 Fill Permit Application for JKE Development 4 Lot Subdivision
Mr. Dorney:
Please find enclosed six copies of the above referenced permit application. A copy of the permit was hand
delivered to Mr. William Wescott on June 17, 2004. There is a July 4, 2004 property closing deadline. Therefore,
your timely cooperation in this matter is greatly appreciated. Please contact the undersigned at 252.261.3300 if you
have any questions or concerns in this matter.
Sincerely,
Quible & Associates, P.C.
Wrrenus
WETLANDS/ 401 GROUP
JUN 2 1 2004
WATER QUALITY SECTION
8 Juniper Trail - P.O.Drawer870,Kitty Hawk, NC27949 (252)261-3300 FAX (252)261-1260 E-Mail
quible@earthlink.net
VICINITY MAP N.T.S. ( )
z~ n
SOUTHERN SHORES ~ R CURVE DATA q ~ Y W
ATLANTIC a g ~ ~ d ~ N
OCEAN C-1 R= C-1 R= 542,00' L= 25,48' C= S68°08'57"E 05.48' ~ ~ »
C-2 R= C-2 R= 542.00' L= 008,09' C= S55°48'12"E 206,82' y ~ * ~ ~..W
~ ~2 $
X58 A, 4V W e
~S• MEN, KITTY WR`~'f OE HAWK U~ QY1~ A J h
x¢10 • ~ T~ * Q 1 F ~ ~ ~ Z h I W W
Z 1 Q. N ~ N v
U ¦1 C ftRITUCK ~ SOUND ~ Z Z 0 W W
\ ~ ~
\ e
SITE 1 ~ ~
~ ~ ~ KITTY HAWK BAY \ 0
\ •ti KILL DEVIL HILLS X96 S6
\ o •42~ 93 , 1 ~3 R Op~.
~ ~ F 1 F~ ~ V IY
1 ~ ,
6 .
1 ~9 0 , N 'fif ¢t ~g ~ ~ 4a a
1 26 4 v
\1 0 o~~ ~3~~i V n'
9 1 ~ 384 ~ ~ ~ 0. s ~
\ ,c~ ~ o ~ ~ ~
• 1 o / o jsr $ S
~ 1 ~ c, 1 1 \ > ~f v ~ p
~ o 1 \ o.
20,465 SQ. FT. LEGEND: ~ ~ a ~
1 ~ ~ \
0 Ex. Rebar
1 ~ Rebar Set \
1 0 L~ 404 Wetland Fla o
9 0
~ Phone Ped.
~ CATV NN Q
\ 1 Fire Hydrant ~ /
~Q, Povrer Pole & OH Lines 1 a ~ ~ 1 c,
a rn / 0 Ex. Slick Rod 1 ~
Ex. CM \ 18,353 SQ. FT.
\ -O ~ O•
1 WETLAND AREA PROPOSED FOR FILL o ~
\ 1 ,o TOTAL AREA PROPOSED FOR FILL ~ ,
4 332.63 s.f. 1 N ~ 1 \ y~
O ry 1 / F 1 ~ <
N ~ h ~ °
SILT FENCE 1 1
1 2z,, J , \ 22,452 SQ. FT. - _ - c z
1 NOTES: ~
S84'58 " 1 5 E
1. TOTAL PROPERTY AREA 22,368.73 S.F. 0.514 ACRES 1 , ( 1 ~ 1 9.04
2. TOTAL AREA OF UPLANDS 13,558.89 S. F. (0.311 ACRES ~ ~ ~ 1 ~ SUBDIVSION ~ ~
~1 r 3. TOTAL AREA OF WETLANDS 8 810.00 S. F. 0.202 AC i N ~ N ~U • ( RES N 9 , ~ CQNTROL ~ 5
\ N 33 4. TOTAL AREA OF PROPOSED FILL 4,332.63 S.F. 0.099 ACRES ~ p0'' CORNER ~
( F 1 2 w ? 5. WETLAND MITIGATION PROPOSED 0.25 ACRE CONTRIBUTION ~ +~~o' ?,S- 5
1 ~~i ~ r~
TO ECOSYSTEM ENHANCEMENT PROGRAM (EEP) X3,000.00 v~ s.s , SFp oy P 1
1 0. / n~ 1 6. ALL PROPERTY AND SEPTIC SETBACKS AS SHOWN. w-7 ~ 2, s / \~l 1 ~ 28 .g ~ G~
1 / / 1 / 2 1 t~ ~ P
4A ~ / /ii 1 / ~ \ / 4A e r 1
/ \ W- / 444// 2,369 SQ. F 22,369 SQ. FT.
• ~wETLAN~s
W-1 o y ~ , o I ~ `L
w / / r. 0 ~ ~ 0 ~,5
~ < / 1 ~ / / / W-11 a F ~
/ / WETLANDS LINE TABLE 1 ° ~ / ~ ~ P W ~ ~
\ W-5 / / s / ~ ~ 5
LINE BEARING 1 ~ iD~, / / -13 DIST, ~ / \ ~ ~ / F F
~ o i , _ ° 1 W1 W2 N23 2114 W 5L01 ~W_ / J~ G• Q•
~ •cv 12 ! e 1 i/
W2-W3 N16°21'50"W 16,49' ~ ~ ~ W-14 1 ~ Y~ .a
o , s , \ ~J ~ W3-W4 N08 12 07 W 19.58 ~
~ ° 100, ° " ~ ~ ~ 1 G
W4-W5 N31 26 26 W 47,88 1 W-4 ~ 0• Q
1 ~ _ ° , " ~1 I W5 W6 N00 1136 W 23,57 ~ ti
\ a d
W6-W7 N22°00'57"E 18,00' W-3
_ 1 ~ HATCHED A W7 W8 N59°56'55"E 35.40' REA M
1 4 332 Sq. Ft. PROPOSED FILL FILL ~
W8-W9 S64°12'59"E 53.03' " 1 W- .1
1~ W9- ° " 1 W10 S15 4159E 22.38 \ ~a.
\ 4083
1 I W10-W11 S49 1910E 16.88' \ om er
1 W11-W12 S10°42'03"E 16,46' \ OTHERS DRAN11 BY
1 WOf
° " \ W12-W13 S69 0410E 15,40 \ W II~ ~Al GEI~ BY HIC SCALE
WOf
W13-W14 S48°18'50" 1 E 19,30 N W-1 a~ n~h ao o zo ao eo iso O6 03 04
1 ~ OI
1~ I SHEET NO.
1
( IN FEET )
1 inch = 40 ft.
DRAWIN@ FlLE: nef 18
PLOT SCAIE: l0 OF SHEETS