Loading...
HomeMy WebLinkAbout20042001 Ver 1_COMPLETE FILE_20041216 O?O? W AT ?RQG Gj r ? Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 30, 2004 Bruce Thompson 108 Emerald Lane Mooresville, NC 28117 Subject Property Lot# 2 in South Nags Head Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Thompson: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-2001 Dare County 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 residential construction at the subject property, as described within your application dated December 13, 2004 and received by the N.C. Division of Water Quality (DWQ) on December 16, 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 (USAGE). 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, and Non-discharge 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. 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 404/LAMA Wetlands 0.10 (acres) Waters n/a (acres) None hCarolina 401 Oversight/ Express Unit N11A(l lip, 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet: htt?://h2o.enr.state.nc.us/ncwetiands Bruce Thompson Page 2 of 3 December 30, 2004 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. 3. 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. 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. 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, r Bruce Thompson Page 3 of 3 December 30, 2004 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 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. AW KI CBK/bs Enclosures: GC 3402 Certificate of Completion Sincerely, l? Kli , P.E. cc: USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Kendal Turnage, Environmental Professionals, Post Office Box 3368, Kill Devil Hills, NC 27948 Filename: 04-2001 Bruce Thompson (Dare) 401 rr ENVIRONMENTAL PROFESSIONALS, INC. P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 TELEl : 252-441-0239 *** FAX: 252-441-072-1 LETTER OF TRANSMITTAL TO: ?- FROM J olc -bo rn e y 1?eha(a (( Turv? aq.? JOB NO. DATE: 03-;z Y3 / vZ ! 3 U ,RE: ?ruc? ?ylo?yj Osolti 0 14 V, -e AR ? .57, 1, W, WE ARE SENDING YOU ? SWOP DRAWINGS ? PRINTS ? PLANS ? SAMPLES ? SPECIFICATIONS ? COPY OF LETTER ? CHANGE ORDER ? COPIES DATE NO. DESCRIPTION r2 "j O a+)o;?w` /S li cc+?I-?n THESE ARE TRANSMITTED as checked below: REMARKS: COPY TO: ? FOR APPROVAL ? FOR YOUR USE XFOR REVIEW & COMMENT ? AS REQUESTED ? APPROVED AS NOTED 04200 ug@gflWqgj DEC ] 6 2004 I?AND AST(,1Rtil*i7 R'&WH SIGNED: ? z? Office Use Only: 42001 Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing II. 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules ug@ROW01 DEC 1 6 2004 *7L4 0.SArV WATER ? BRANCH 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide # 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/A 4. If payment into the North Carolina Wetlands Restoration Program (or NCEEP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: Applicant Information 1. Owner/Applicant Information Name: Bruce "Chip" Thompson Mailing Address: 108 Emerald lane Mooresville NC 28117 Telephone Number: 704-660-6748 Fax Number: 704-554-4023 E-mail Address: Cthompson( ),DealerMarketPlace com 2. Agent 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: Kendall Turnage Company Affiliation: Environmental Professionals Inc. Mailing Address: P.O. Box 3368 Kill Devil Hills NC 27948 Telephone Number: 252-441-0239 Fax Number: 252-441-0721 E-mail Address: environmentalpro(d,earthlink net Pagel of 8 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: Bruce Thompson 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 070912969907 4. Location County: Dare County Nearest Town: Nags Head Subdivision name (include phase/lot number): Parcel in South Nags Head Directions to site (include road numbers, landmarks, etc.): Off NC1243 South (Old Oregon Inlet Road) south west of Harvest Street north of E Tide Street 5. Site coordinates, if available (UTM or Lat/Long): N35°89'20.4" W75°58'97" (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. Describe the existing land use or condition of the site at the time of this application: Residential (site is currently undeveloped) 7. Property size (acres): 13907.76 SF 8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean 9. River Basin: Pasquotank (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/.) Page 2 of 8 10. Describe the purpose of the proposed work:_ to prepare the site for residential construction As shown on plat 11. List the type of equipment to be used to construct the project: dump truck and front end 12. Describe the land use in the vicinity of this project: Residential/Vacation Homes 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. Jurisdictional determination 7/20/2004 (copy attached) 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 anticipated 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 accornpanying 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 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 8 1. Wetland Impacts 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*** 1 404 wetland fill 0.10 ac. Yes 1700+ Freshwater wetland - LIST each impact separately and identity 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 hqp://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.) List the total acreage (estimated) of existing wetlands on the property: .219 acres Total area of wetland impact proposed: 0.10 acre 2. Stream Impacts, including all intermittent and perennial streams N/A Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact lease specify) N/A N/A N/A N/A N/A N/A Lisi each impact separately and identity 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.usi.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., wv?) .topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Type of Waterbody Site Number Type of Impact* Impact Name Waterbody (lake pond estuary sound indicate on ma acres p (if applicable) , , , , bay, ocean, etc. N/A N/A N/A N/A N/A List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation N/A 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. N/A 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.): N/A Page 4 of 8 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. Fill is necessary for this project in order to meet septic setbacks to make the lot buildable for the proposed home. Silt fence will be placed at the wetland/fill interface to prevent inadvertent fill into adjacent wetlands. 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/ncwetlwlds/strm,i4ide.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 Page 5 of 8 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. Payment into the NC EEP mitigation program at a 2.1 ratio will be made prior to fill activities. NCEEP acceptance letter is attached to application 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://li2o.enr.state.ne.us/wrp/index.htni. 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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): 0.2 acres" Amount of Coastal wetland mitigation requested (acres): N/A "LETTER FROM NCEEP ATTACHED IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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 (DWQ Only) 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, Page 6 of 8 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 M/A )? 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 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A - cone ? extenas out su teet perpenatcular trom 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 213 .0242 or .0260. Buffer mitigation is not required for this project XI. Stormwater (DWQ Only) 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 acreage exists at this time Once the fill permit is obtained a site plan will be developed for residential construction Nags Head zoning regulations will limit impervious coverage to no more than 30 %. XII. Sewage Disposal (DWQ Only) 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 system per Dare County Health requirements will be constructed on site once fill is in place. Page 7 of 8 XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffbr Rules? Yes ? No N Is this an after-the-fact permit application? Yes ? No N 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 -""e -- ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) 4, Page 8 of 8 6/16/04 Mr. Turnage: I hereby authorize Environmental Professionals Inc. to pursue environmental permits on my behalf on the lot located at: 8528 Old Oregon Inlet Road Nags head, NC 27959 Pin # 070912969907 Parcel # 007976000 Sincerely, t? •? ZJY Chip Thompson 108 Emerald Lane Mooresville, NC 28117 704-660-6748 Whalebone d t P J Little Penguin I JAD? <bm m Big Penguin I 1 5 Jeanettes x 3 Pier o ) ? r? l V S r? \ \`` ?'r O ` ' C? ar\5 ?lI ?? % ?12?° w 264 h._ e C)0 ?^ \ GO - ` Li ?? t 7 use t/1 Cha Headquers / o x o? eekll Island o \ \ \ lza nn 1 t \ ':. 12, 445 446 3010000 FEET 35' OREGON INLET 5.9 NII. (OF J. S. Coast and Geodetic Survey SCE shed by the Geological Survey 1 A (C) and USGS 1 EZZ? photogrammetric methods from aerial MN, .. 1000 0 1000 2000 949. Topography by planetable surveys 1950 GN E? 9° ... 1 .5 is data compiled from NOS surveys (1851-1942) 160 MILS E o°zo formation. This information is not intended for 6 MILS CONTOUR S NATIONAL GEODETit 10,000 foot grid ticks based on North Carolina DEPTH CURVES AND SOUNDING; SETT! 1000-meter Universal Transverse Mercator SHORELITHENE RELATIONSHIP SHOWN HOWN REPRESENT! UTM GRID AND 1983 MAGNETIC NORTH ESENT: Mwn in blue. 1927 North American Datum DECLINATION AT CENTER OF SHEET THE MEAN RANGE OF TII icted North American Datum 1983 move the AND z FEE Revisions shown in purple and woodland compiled by the leters south and 31 meters west as shown by Geological Survey in cooperation with State of North Carolina agencies from aerial photographs taken 1980 THIS MAP COMPLIES WITH r inholdings within the boundaries and other sources. This information not field checked FOR SALE BY U. 5. GEOLOGIC reservations shnwn nn thi, man Mao edited 1 ARR A FOLDER DESCRIBING TOPOGRAPHIC n r1*V_ Ecosystem PROGRAM Kendall Turnage Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948-3368 Subject: Project: Bruce Thompson, South Nags Head County: Dare OTHU Tr I-` O C T -- 4 2004. f September 29, 2004 The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for non-riparian wetlands impacts associated with the subject project. Please note that the decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as determined by the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all reasonable means of impact avoidance and minimization have been incorporated into the project's design. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to forward copies of the 404 Permit/401 Certification to Ecosystem Enhancement Program in order for an invoice to be generated Based on the information supplied by you in a letter dated September 2, 2004, the wetlands restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table. Stream Wetlands Riparian Wetlands Non- Riparian Buffer linear feet) (acres) Riparian (acres) (s q. ft.) Impact 0.10 Mitigation Max 0.20 The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03010205 of the Pasquotank River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. R P,sto?ut?... ... Prot" ow .fta & egA IRMENR North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619 / 919-733-5208 / www.nceep.net If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208. Sincerely, Deborah D. Anderson, In-Lieu-Fee Administrator cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Tracey Wheeler, USACOE-Washington Kyle Barnes, DWQ Regional Office-Washington File kutoruptg... _P ... Protect Oar State IF"CUM North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619 / 919-733-5208 / www.nceep.net U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200411586 County: Dare U.S.G.S. Quad: CJ ("D Roanoke Island NE NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Bruce Thompson Address: 108 Emerald Lane Mooresville. North Carolina 28117 Telephone No.: 704-660-6748 Size and location of property (waterbody, road name/number, town, etc.) Lot contains 0.22 acres located at 8523 Old Oregon Inlet Road Nags Head Dare County North Carolina. Indicate Which of the Following Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the (:lean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period riot to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 7/20/2004. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the 'law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Remarks: Corps Regulatory Official: "a, Date 07/20/2004 Expiration Date 07/20/2009 Page 1 of 2 ? ,e { A Action Id. 2010 1 . 5 '6 Placementoaf dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute"a* violat`ifr1 of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this deterrTiinat on'a'n'0or the Corps regulatory program, please contact William Wescott at 252-975-1616 . Basis Far. Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation :Manual, and is part of a broad continuum of wetlands located mostly on Cape Hatteras National Seashore and adiacerit to Roanoke Sound. Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 Alp ?jn•/ ?pu ? t?zo?r iC_?Ya v?? .? ud¢ Z 107. /?5????1 aJ??S -v-4 X-aAans,- as N 6&62-L2 V N >'M'VN d2i 1/v/Pd 4.)V/. ZP.ZV 830E . r r r u U?r, ? rt,. 5821,1 7; +????rrrectr n *`?? N/? JV©u?, IVI?4Q- ONV7.451M = 77 Clm IV :?1?s z .107 ,OD'O C .zs_z2N y? (?/a?z2 y? ,? ,( 1s - ,YV a,; W aeu71d01$ J"Ce z ,6z z ,62' • S r ? 78w, OF A ? ? ` ? ail/tJ p? ?'i 7 0'ND/1/vr?/lNOJ O n A , o f I ? 0 ? O I ? e \ A i 08 9S O& \77i? ?'p 1/LV/7 / .Z v7 $40 n ? 1 1 Assess E1 11 b J-vA P40 ... ,.Atau E?11 .?1 114HAL[fONE- 1" • (JUNCTION O. D S J -( ' O (Ne ,/-lR. vll? .S ?• • ?e. Maio t' • OCGN f10[ I 'i• Au.n A...1 .w a r Q ? QO _ 11 Rai LIN ` r... N '?f •I 12 AUPO IME OQ'• N J„ C. I TU/OfT? HO 4 AFWi;u; V 'S p??• 11 VICINITY MN'P Ata.9? J M IM v Q4 hO r? • N a c?'b4 (ZS i1/ZZ 3?53MW SCALE 1"=50' ? 11' Wetlands Line: N 16-27-00 W 10.21 51z /,z45 N 24-31-21 W 27.18 N 52-29-51 W 11.17 /,?aoyzdaMyr- N 21-14-58 W 3.13 SURVEY FOR: BRUCE THOMPSON Lot in South Nags Head Dare County, North Carolina. I, DONALD E. WOOD. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE FILE:01-49A UNDER MY SUPERVISION: THAT THE BOUNDARIES NOT SUR- REF: SEE NOTE VEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM F.I.R.M. 3753560014D(12/20/01) INFORMATION FOUND IN PC C, SLIDE 4E. THE ERROR OF FLOOD ZONE AE(10) CLOSURE AS CALCULATED BY LATITUDES AND DEPARTURES PIN NO. 14070912969907 IS 1:10.000+; THIS PLAT DOES NOT MEET REQUIREMENTS OF GS 47-30 ED FOR PLAT BOOK RECORDATION WITNESS,M,ORIlCi1NAY''S,IGNATURE, REGISTRATION NUMBER AND SEA'II";,. DAy?CF JUDY, 2004. P.L.S. t L-1324 r 41 EASTERN DEVELOPMENT SERVICES P.O. BOX 433, KITTY HAWK, N. C. 27949 252-441-9443,252-202-9443, FAX-252-441-9424 $T