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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