HomeMy WebLinkAbout20021118 Ver 1_COMPLETE FILE_20020712® North Carolina Wildlife Resources. Commission
Charles R. Fullwood, Executive Director
1721 Mail Service Center
Raleigh, North Carolina 27699-1721
919-733-3633
MEMORANDUM
TO: Tom Walker
US Army Corps of Engineers, Washington Regional Field Office
And
John Dorney
NC Division of Water Quality, 401/Wetlands Unit
FROM: David McHenry, Coastal Coordinator
NCWRC - Habitat Conservation Section
DATE: August 9, 2002
SUBJECT: Pre-Construction Notification (PCN) 404 Permit Applications in Dare County for:
Cindy L. Jones
William E. Jones
George W. Spicer
Rex D. Tillet
DWQ No. 021118
DWQ No. 021119
DWQ No. 021120
DWQ No. 021121
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed
the permit applications with regard to the associated impacts on fish and wildlife resources. A
site visit of the area was conducted on August 5, 2002. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661 et. seq.), the Clean Water Act of 1977 (as amended), and the Coastal Area
Management Act (G.S. 113A-100 through 113A-128), as amended.
Each applicant proposes to individually fill 0.1 acre of wetland on his or her respective lot
off of Scuppernong Road in Manteo. According to the applicants, the fills are required to meet
the septic separation requirements of Dare County prior to residential construction. All of the
lots were subdivided from a single contiguous parcel that is currently marked by iron pipes. The
survey plats for the subdivided lots are all dated June 24, 2002. The lots contain a mix of young
loblolly pine (Pinus taeda), red maple (Acer rubrum), and shrub-scrub vegetation with the
wetland portions comprised of additional hyrdophytic vegetation and areas of standing water.
Based on examination of topographic features, the project area appears to be in the Doughs Creek
watershed. Doughs Creek is a designated nursery area that connects to the south to Shallowbag
Bay, which is classified as SC by the Environmental Management Commission.
PCN - Scuppernong Road 2 August 12,
2002
Wetlands that are found on the applicants' lots are beneficial to fish and wildlife
resources as well as the public. During the site visit, cottontail rabbit (Sylvilagus floridanus)
were observed and bobwhite quail (Colinus virginianus) were heard calling within the project
area. Other species of small mammals, reptiles, amphibians, and birds also likely use the wetland
areas on the lots. In addition to providing wildlife habitat, these wetlands retain and treat
stormwater and associated pollutants that are transported from the highly developed watershed to
the waters of Doughs Creek and Shallowbag Bay. The cumulative loss of wetlands from the
proposed wetland fills would likely reduce the capacity of the remaining wetlands to provide
these functions.
The NCWRC actively discourages development proposals and activities with the
potential to impact wetlands and degrade naturally functioning ecosystems, particularly when
project alternatives that minimize that potential are not exhausted. Because of the variable
dimensions and configurations of the lots, the NCWRC questions whether they were divided in a
manner that would minimize the wetland impacts while still meeting the Dare County separation
requirements. For example, the lot for George W. Spicer is only 27 feet wide along Scuppernong
Road and contains less than 0.1 acre of upland while the adjoining lot of Rex D. Tillet is 153 feet
wide along Scuppernong Road and contains over 0.37 acre of upland area. Moreover, it can not
be determined from the information provided in the applications whether 0.1 acre wetland fills
are actually needed to meet the septic tank separation requirements on each lot; which is the only
specified justification for the fills in each application. Because of these uncertainties and the
common survey and permit application dates, the NCWRC recommends that the wetland impacts
for the various applications be reconsidered collectively in the context of a single project and
permit application.
We appreciate the opportunity to comment on these permit applications. If you need to
discuss these comments please cull David McHenry at (252) 946-6481 ext 345.
cc: Thomas, C. - D 1
Wetlands Tracking Probe T
Facility Name Cind' L..lones County 'DARE
Project Number 02 lll8 County2
0 Inactive. ? Region`Washhwton
Project Type purpose of residcntl.d fill DCM Officez Elizabeth City
Location Roanoke Sound ?I?"ntcc? COE Office,?'Washirn<_T ton
x
Last Total Total Total
4 1 S. R v Action Total Mit
ec d Sent to Recvd '? • 401 401 Mit
Acres
cvd From Date Region Region Date Last Action
Re Acres Feet Feet
? l w
401' r
Total for Pro'lect:
-111,11, -''ions/.'Violations
Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St
N-
,ter.
Michael F. Easley, Governor
X01 wAT?9 William G. Ross Jr., Secretary
O QG North Carolina Department of Environment and Natural Resources
y Alan W. Klimek, P.E. Director
[ Division of Water Quality
July 31, 2002
Dare County
DWQ Project No. 02-1118
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cindy L. Jones
801 Burnside Road
Manteo, NC, 27954
Dear Ms. Jones:
On July 12, 2002, the NC Division of Water Quality received your application for a 401 Water Quality Certification to
construct a residence on your property on Scuppernong Road, Roanoke Island in Dare County. In accordance with 15A
NCAC 2H.0506, a site evaluation has been conducted by Mr. Tom Steffens of the DWQ Washington Regional Office.
Based on this review, we have determined that significant uses would be removed or degraded by this project. Specifically,
please address the following issues so that we may further review your application:
1. Mr. Steffens has discussed this project, along with three others adjacent to your property, with Molly Fullwood of the
Dare County Health Department. They noted that there are no records of these applications, septic evaluations of these
properties, house placements, or development plans. Furthermore, North Carolina State setback rules are based on
time of plat recorded, which could make the required setbacks 50 or 100 feet. The rules also state that a septic system
cannot be placed in any wetland fill. Septic systems must be placed 50 or 100 feet from the original 404 delineation line
after the fill, depending upon the time the plat was recorded. Please provide evidence that the wetland fill, house and
septic system locations are acceptable to Dare County;
2. Please provide a site map showing the location and configuration of the proposed house and any associated decks,
driveways or other structures, required County setback limits and provide justification for the specific wetland fill areas
needed.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A
NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Tom Steffens in our Washington Regional
Office at (252) 946-6481 or Cyndi Karoly in Raleigh at (919) 733-9721.
Sincerely,
/111" John Dorney
JRD/cbk
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
File Copy
Central Files
Wesley M. Meekins, Jr., P.O. Box 1998, Manteo, NC, 27954
Molly Fulwood, Environmental Specialist, Dare County Health Department, P.O. Box 1000, Manteo, NC, 27954
021118
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
Customer Service
1 800 623-7748
4 projects on their way to you
Subject: Re: 4 projects on their way to you
Date: Mon, 29 Jul 2002 15:37:00 -0400
From: Tom Steffens <Tom.Steffens@ncmail.net>
To: Cyndi Karoly <cyndi.karoly@ncmail.net>
Cyndi,
I have the 4 projects now,.
I suggest that these projects be put on HOLD after just now speaking with
Dare Co (Manteo) environmental health, who say they have no knowledge of
these applications or septic evaluations of these properties on record. Nor
do they have any record of house placements or development plans.
Further, their setback rules are based on time of plat recorded, and could
make the setbacks 50 or 100 feet. Their rules say that they cannot place a
septic system in any wetland fill, and has to be placed 50 or 100ft. from
the original 404 line after the fill. Its conceivable that the fill is
necessary to place the house, so the septic can be on the highland.
f agree that its rather convienent that all of them are .1 acres regardless
of the geometry, and I wonder if the 4 names are being used to cover for 1
entity thats trying to avoid mitigative issues on the whole area.
Put it on HOLD and ask for more info concerning house and septic placement,
along with statements of the setback rules and how they apply on these
properties.
By the way, the folks in the Manteo office were very very interested in
seeing how this comes out, even to the point of wanting to meet us onsite.
Apparently they have been having problems/questions like this lately.
questions or comments, call or write
toms
Cyndi Karoly wrote:
> Deborah and Tom
> Danny and I are triaging four projects to you today. They are:
> 021118, Cindy L. Jones
> 021119, William E. Jones
> 021120, George W. Spicer
> 021121, Rex D. Tillett
> All four are adjacent lots in the same unnamed subdivision in Dare
> County. All'were sent in by the same consultant, W.M. Meekins. All
> have identical fill requirements of 4356 square feet despite the fact
> that each site has a completely different geometric configuration. How
> convenient.
> In each case, they're claiming they can't avoid wetland fill due to the
> county's "setback requirements" but neglect to explain how that
> logically leads to wetland fill.
> They haven't included the house plats on the maps, but we wanted you to
> check out some issues if possible before we correspond with the
> applicants and consultant.
> First of all, do you know of prior impacts in this subdivision? These
> four lots alone add 0.4 more acres total to any prior fill. We could be
> approaching mitigation requirements.
> Second, do you know of any setback requirements which would lead to a
> fill requirement? That sounds like an unjustified avoidance detail.
> Third, please note configuration of lots for houses and access to see if
> the fill is warranted.
e17 7/30/029.31 AM
4 projects on their way to you
Subject: 4 projects on their way to you
Date: Mon, 15 Jul 2002 14:31:48 -0400
From: Cyndi Karoly <cyndi.karoly@ncmail.net>
To: deborah.sawyer@ncmail.net, tom.steffens@ncmail.net, cyndi.karoly@ncmail.net
Deborah and Tom
Danny and I are triaging four projects to you today. They are:
021118, Cindy L. Jones
021119, William E. Jones
021120, George W. Spicer
021121, Rex D. Tillett
All four are adjacent lots in the same unnamed subdivision in Dare
County. All were sent in by the same consultant, W.M. Meekins. All
have identical fill requirements of 4356 square feet despite the fact
that each site has a completely different geometric configuration. How
convenient.
In each case, they're claiming they can't avoid wetland fill due to the
county's "setback requirements" but neglect to explain how that
logically leads to wetland fill.
They haven't included the house plats on the maps, but we wanted you to
check out some issues if possible before we correspond with the
applicants and consultant.
First of all, do you know of prior impacts in this subdivision? These
four lots alone add 0.4 more acres total to any prior fill. We could be
approaching mitigation requirements.
Second, do you know of any setback requirements which would lead to a
fill requirement? That sounds like an unjustified avoidance detail.
Third, please note configuration of lots for houses and access to see if
the fill is warranted.
Fourth, are these 0.1 acre figures legitimate?
Anything else you're aware of?
Thanks. These will be in the mail to you on 7/16.
1 of 1 7/15/02 "
eS. f ? + E
021118
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Pernits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Pen-nit application form is available online at
h:www.saw.usace anny mil/wetlands/Penm a??htrn
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General pennits, and to determine which permit applies to your project, please go to the
USACE website at h://www.saw.usace.aiiny.rniU`A7etl. mds,/rei?tour htn,, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project for
county in North Carolina and provides additional information rega ding the identification manager and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been detemnined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
h://h2o.enr.state nc us/ncwetlands//h2o.enr.state nc us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matclnina
( ?, the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring . in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Pave I of 12
A"
RL
VED
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead pennitting agency.
In such cases, DCM will require a Coastal Area Management Act (LAMA) Permit and will coordinate
the 404/401 Pen-nits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will detemnine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General peiznits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum annount of irfonnation that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://iv"n?,.saa,usace am3v mii/wetlaiids/nwpfnalFedRe()? ndf
Processing tunes vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all. USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at jMD://h2o.ehnr.state nc us/ncwetlands/fees ht.11. The fee must be
attached with the application unless the applicant rs a federal agency u1 which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 0 211 1 8
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank. \
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Pen-nit
? 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Pennit Number(s) Requested: 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 (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Cindy L. Jones
Mailing Address: 801 Burnside Road
Manteo, NC 27954
Telephone Number: 252-473-5885 Fax Number:_ N/A
E-mail Address: N/A
2. Agent Information (A sighed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Nan7e: Wesley M. Meekins, Jr.
Company Affiliation: W. M. Meekins, Jr. & Assoc. , Inc.
Mailing Address: P.O. Box 1998
Manteo, NC 27954
Telephone Number: 252-473-2626 Fax Number: 252-473-2626
E-mail Address: N/A
Page 3 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 constriction
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 infonmed that
the project has been placed on. hold until decipherable maps are provided.
1. Name of project: Private lot
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 11-988011562439
4. Location
County: Dare Nearest Town: Manteo
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): US64- mi a nor o
Manteo to Swaim Road east of US64-264 thence im o ingina venue
cross Wingina Avenue to Scuppernong Road. Down Scuppernong Road
1/2 mile on riaht
5. Site coordinates, if available (UTM or Lat/Long): N/A
(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:
Wooded undeveloped
7. Property size (acres): 0.54 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Roanoke Sound
9. River Basin: N/A
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at.http:/.d-2o.enr.state.nc rrs!adminlmap5/.}
Page 4 of 12
10. Describe the purpose of the proposed work. Fill for separation purposes for
small dwelling
11. List the type of equipment to be used to construct the project: Loader & dump truck
12. Describe the land use in the vicinity of this project: Residential
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 Nrunber, 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.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to detemune, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant nnust 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 acconnpanying site
plan. All wetlands and waters, and all streams (interinittent 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 5 of 12
1. Wetland Impacts
Wetland Impact
Site Number Type of fmpact*
indicate on man)
fill
Area of Located within Distance to
Impact 100-year Floodplain** Nearest Stream
(acres) (es/no) (linear feet)
0.1 yes 800' to dii
Type of Wetland***
404
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 Hs t 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 I-300-35&9616, or
online at http://tvww.fema.bov.
** 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: 0.41
Total area of wetland impact proposed: 0.1 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of [Ave rage Width Perennial or
Site Number Type of Impact* Impact Stream N
ndicate on ma of Stream Intermittent?
(linear feet) Before Im act (please snecif
Y 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 1-300-353-96116, or online at
www.usus-eov. Several internet sites also allow direct download and printing of USGS maps (e. g., 58-9 o?on° coat
www. a a. n anest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 800, to ditch
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
N/A
Type of Impact* Area of
Impact
(acres) Name
dame Waterbody
(if
applicable Type of Waterbod
Y
(lance, pond, estuary, sound,
bay, ocean, etc.)
List each impact se parately and identify temnnrl r inn,nrrc r , -,.,...,_ ,_.-.
- - ---, ....,,. „- <„? HUL 111n1Te4 ro: rill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream. impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g,., darn/embanknient, excavation, installation of
draw-down valve or spillway, etc.)-.N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stonnwater 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 mininnized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during constniction to reduce impacts.
0.1 acre of fill is necessary because of separation requirements of
Dare County Health Department from a conventional septic system
Silt fence will be placed around fill area to retain any silt
runoff ten area will be seeded.
Page 7 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, litigation will be required when
necessary to ensure that adverse effects to the aquatic environment are nnimnimnal. 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 streann restoration
in DWQ's Draft Technical Guide for Stream Work in. North Carolina, available at
http://h2o.enr.state.nc.u,,/newetla-ids/stTn.?-,ide.htanl.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, 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.
N/A
Page 8 of 12
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 hnfonnation regarding the application
process for the NCWRP, check the NCWRP website at htth:/.A,20.enr.state.nc.us/wrp/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): 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): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
TX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public fiords or the use of public (federal/state/local)
land?
Yes ? No 0
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 Fj?
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 ? IVV
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and snap 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 nnust 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-Pannlico), 15A NCAC 2B .0250 (Randlennan Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ? If you answered "yes", provide the following information:
Page 9 of 12
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 N/A
2 1.5 N/A
Total N/A
Zone l 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.
N/A
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.
N/A
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.
XIII. Violations (DWQ Only)
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
Page 10 of 12
xn Other Circumstances (Optional):
It is--.the applicants. responsibility _to submit the application sufficiently in advance of desired
construction dates _ to allow processing time for these pernuts. However, an applicant may
chooses to list. constraints associated with constructi.o.,n or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
TI-ireatened Species, accessibility problems, or other issues outside of the applicant's control).
Si?l tire Date
is valid only if an autho>_lization letter from the applicant is provided.)
US Army Corp s Of Engineers Field Offices and Count), Coverage
Asheville Regulatory Field Office Alexander Cherokee fredell Mitchell
lk
P Union
Watauga
US Army Corps of Engineers Avery
Buncombe Clay
Cleveland Jackson
Lincoln o
Rowan Yancey
151 Patton Avenue Burke Gaston Macon Rutherford
Room 208•- -
NC 28801-5006
Asheville Cabarrus Graham Madison Stanley
,
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
ax: (828) 271-4858 Cata ?ba Henderson Mecklenburg ( -ansylvania
Raleigh Regulatory Field Office Alamance Durham .Johnston Rockingham Wilson
US Army Corps Of Engineerg• Alleghany Edgecombe Lee Stokes Yadkin ..__.. _
- -
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
suite 120 Caswell Forsyth Northampton Vance
NC 2761:
Raleigh Chatham Granville , Orange Wake
,
Telephone: (919) 876-8441 Davidson Guilford
lif Person
h
Randol Warren
Wilkes
Fax: (919) 876-5283 Davie ax
Ha p
c
Regulatory Field Office
ton
Washing
Beaufort
Currituck
!ones
Pitt
,
.
US Army Corps Of Engineers--' Bettie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
NIC 27853=1000
Washington Carteret* Green - Pamlico Wayne --,
,
Telephone: (252) 975-1616 Chowan
C Hertford
de
H Pasquotank
Perquimans
*Croatan Nati
onal Forest Only
Fax: (252) 975.1399 raven y
V . nington Regulatory Field Office Anson Duphn Onslow
US Arrhy Corps Of Engineers Bladen Harnett Pender
hmond
Ri
Post Office Box 1890 Brunswick Hoke c
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax (910) 251-4025 Cumberland New Hanover Scotland
Page 11 of 1.2..
US Fish and \ ildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post off -Bex-33726•-•---- ---- - •• 160 Zillicoa Street Pivers Island -
Raleieh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 856-4520
Telephone: (828) 6b5-1195 _
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 W bands unit Wetlands Restoration Program DepartmentOf Cultural R.esourccs
1650 Mail Servi-c'e Center 1619 Mail Service Center 4617 Mail Service Center
Ralci2h, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: (9-F9) 733-1796 Telephone: (919) 733-5208 Telephone: (919) 733-4763
Fax' !919). 33--9959 - Fax: (919) 733-5321 Fax: (919) 715-2671
" CAMA and NC Coastal Counties
Div sioii oTC6W-9tal Management Beaufort Chowan Hertford "°" Pasgt}okn>.T<1.•--..
1638 Mail Service Center Berrie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
T--flc ene:_(-419) 733-2293...- .... _ Camden Dare _. Onslow Tyrrell
Fax-(9!9)733•i495 Carteret Crates Parnlico d'`'ashlnaton
NCWRC and NC Trout Counties
Wes ern"19i'edi iolirRegion Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road-'
oad ' •'
Ashe Mitchell
Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephoild: (336) 769-9453 Burke Sung -
10-nuntain Region Coordinator Buncombe- Henderson Polk - --
="1830 Gr--at S.mol.y Mal. Ex.presswjy Cherokee Jackson ...Rutherford
28786
?fia nesxille,?IC Clay Macon Swain
-.._ .. ... _ ....-........... .
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 ••• Haywood McDowell Yancey
Page 12 of 12
1
16,
NOTES:
1. F.I.R.M. ZONE: "A6"19.0'
SUBJECT TO CHANGE BY F.E.M.A.
2. MAP REFERENCE MADE TO
DB. - 1433, PG. -197
DARE COUNTY REGISTRY.
3. PIN #11988011562439
4. THIS SURVEY IS SUBJECT TO ANY
FACTS THAT MAY BE DISCLOSED
BY A FULL AND ACCURATE TITLE
SEARCH.
LE END
• EXISTING IRON PIPE
O IRON PIPE SET
,?q1
?U .
`F
NORTH CAROLINA STATE
c/o DEPARTMENT OF JUSTICE
DB. - 1254, PG. - 749
--N 44°17'24" E
186.28'
3 WETLANDS
/R
T O
z AIL 0 / UP
13.79' / 56.25' ?
111.29'
WILLIAM E. JONES
DB. - 1433, PG. - 198
- - 296.82'
'--N 44°17'10" E
23,345 sq ft TOTAL AREA
\?Z 5,430 sq ft UPLAND
;o
N <V
?l O
.f
N
41.25'
S 44°1{24" WD - - -- -
GEORGE W. SPICER
DB. - 1433, PG. - 200
N44°711 0"E
32.75' ?-------
;r
v
SITE 1 r'
4,356 sq ftFILL
J REX D. TILLETT
DB. - 1433, PG. - 199
`404 DNE` ` -d v o0
3 m ?`
o
N
1? N
m UPLAND r
Z
- - - 75.00' 300.41'
- - -
- S 44°17'10" W -?
SCUPPERNONG ROAD 60' R/W
I, WESLEY M. MEEKINS JR., CERTIFY THAT
UNDER MY DIRECTION AND SUPERVISION
THIS PLAT WAS DRAWN FROM AN ACTUAL
FIELD LAND SURVEY: THAT THE RATIO OF
PRECISION AS CALCUALTED IS 1/10,000 +
THAT THIS PLAT WAS PREPARED IN
ACCORDANCE WITH N.C.A.C. TITLE 21,
CHAPTER 56, SECTION 1600. WITNESS MY
ORIGINAL SIGNATURE, REGISTRATION NO.
AND SEAL HI 5th D OF J?1bIE, A.D. 2002.
WESLEY rINSJR. EKIN , JR. PLS - 1465
W.M. ME & ASSOC., INC.
Land Surveyors and Planners
P.O. Box 1998
Manteo, N.C. 27954
Job No. RIN-2051-02
Q ?F AL
f$ .;
%r?l UA PLAT OF
LAND FOR
INDY L. JONES
ROANOKE ISLAND NAGS HEAD TWSP.
DARE COUNTY NORTH CAROLINA
SURVEYED ON: 6/24/02
SURVEYED BY: W.M. MEEKINS JR. & ASSOC., INC.
1"=50'
50 25 0 50 100
WESLEY M. MEEKINS, JR.
President
R.L.S. 1465
TELEPHONE
(919) 473-2626
(919) 473-3362
N.C. 1-800-225-7163
W. M. MEEKINS, JR. & ASSOCIATES, Inc.
Land Surveyors and Planners
Surveying the Outer Banks
Box 1998
MANTEO, N. C. 27954
July 11, 2002
0211 18
1 2 2-102
Enclosed please find seven collated copies of application for fill permit.
Please direct any correspondence to Wesley M. Meekins, Jr., P.O. Box 1998,
Manteo, NC 27954.
Thank You. CUhrVVvPj\
PAYMENT
RECEIVED