HomeMy WebLinkAbout20041813 Ver 1_COMPLETE FILE_20041109
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Nlichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 21, 2004
Michael Scott
P.O. Box 312
Buxton, NC, 27920
Subject Property:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1813
Dare County
Michael Scott - Parcel 2, Thompson Midgett Subdivision
Atlantic Ocean
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Scott:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.098 acres of wetlands for the purpose of residential fill at the subject
property, as described within your application received by the N.C. Division of Water Quality (DWQ) on
October 28, 2004. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and
other 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 211.0506 (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/CAMA Wetlands 0.098 (acres) PCN form
401 Wetlands Certification Unit
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: http://h2o,enr.state.nc.us/ncwetiands
Nose Carolina
Nti many
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
41 Mr. Michael Scott
Page 2 of 3
December 21, 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 LAMA 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,
A
Mr. Michael Scott
Page 3 of 3
December 21, 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 in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
lanW. Klimek, P.E.
r A
AW K/cbk
Enclosures: GC 3402
Certificate of Completion
cc: Kent Priestley, P.O. Box 3368, Kill Devil Hills, NC, 27948
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 041813 Scott(Dare)401
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No., 13, 3
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
??
1. Check all of the approval(s) requested for this project:
Section 404 Permit ?i4
? Section 10 Permit ?- 'D
?C 401 Water Quality Certification i Lil';! ;,ii
? Riparian or Watershed Buffer Rules
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: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Michael Scott
Mailing Address: PO Box 312
Buxton NC 27920
Telephone Number: 252-995-5023 Fax Number: contact agent
E-mail Address: contact agent
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: Kent Priestley
Company Affiliation: Environmental Professionals Inc.
Mailing Address: PO Box 3368
Kill Devil Hills, NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address:_ environmental nro(a)earthlink.net
Page 1 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 t han 11 b y 17-inch f ormat;
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: Michael Scott- Parcel 2 Thompson Midgett Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 053607683382
4. Location
County: Dare Nearest Town: Buxton
Subdivision name (include phase/lot number):_ Thompson Midgett subdvision
Directions to site (include road numbers, landmarks, etc.):
Traveling south on NC 12, turn left onto Lighthouse Rd right onto Flowers Ridge Rd and
right onto Thompson Midgett Rd Site is approximately 1/8 mile on left
5. Site coordinates, if available (UTM or Lat/Long): N 35°15' 40.5" W75031139.511
(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:
Largely vacant, with shop on southeastern portion of site
7. Property size (acres): 1.02 acres
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.ne.us/adniin/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: To permit construction of a residence within
required setbacks.
11. List the type of equipment to be used to construct the project: dump truck, front end loader
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 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 by William Wescott USACOE on 8/12/04 Action ID# 200411627
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 expected
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation in ap, w hether o r n of i mpacts a re p roposed t o t hese s ystems. W etland 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.
1. Wetland Impacts
Wetland Impact Type of Impact* Area of Located within Distance to
Site Number Impact 100-year Floodplain** Nearest Stream Tvoe of Wetland***
Page 3 of 8
indicate on ma acres es/no) linear feet
1 Earthen fill 0.098 Yes 1000 Forested wetland
-" -- u"F- JI PuluIAIy uuu 1uclu11y lcmpurary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hvww.fema.eov.
*** 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: 0.174 ac (7,583 SF)
Total area of wetland impact proposed: 0.098 ac.
2. Stream Impacts, including all intermittent and perennial streams NONE
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Strearn Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
NONE NONE
.... r-1..'r.11.,1?1y 1"1U 1u1:11ruy 1calp01-ary 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, ditch ing/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.uscs.r o_v. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.manoucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NONE
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 ma
Type of Impact* Area of
Impact
(acres)
Name ofWaterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NONE NONE
-- I. 1I1r..,.. -P--, Iy "11U 1UU11111y tuutpurary 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.
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.):
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: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Requested fill area will allow for home construction and septic system to meet platted building
limits and county restrictions. Fill will also allow for the home to have Parking underneath and a
solid piling foundation in a very wind/hurricane Prone area No other fill will be requested on
this parcel.
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
httl2://h2o.eiir.state.nc.us/newet]ands/stnii,gidc:11tiii1.
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
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.
Since the remaining wetlands will not meet the required 10.1 ratio for
conservation/preservation mitigation the landowner is requesting in lieu payment to N.C.
Ecosystem Enhancement Program at a minimum 2.1 ratio to mitigate wetlands impact (See
attached letter to NC EED)
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 b e n otified e arly i n t he 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 1,tt)://1,2o.enr.state.nc.us/M/index.litm. 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 (acre): 0.25
Amount of Coastal wetland mitigation requested (acres): N/A
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)
Page 6 of 8
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )9
Yes ? No ® If you answered "yes", provide the following information:
Identify t he s quare f eet a nd a creage o f i mpact t o e ach z one o f t he r iparian b uffers. I f buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
s uare feet
Multiplier
Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
N/A
XL 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.
Existing impervious area on site is 4,197 square feet Proposed total impervious area resulting
from improvements to the site is 9,905 square feet or 22 percent of the total acreage
Impervious area will be less than 30 percent of total acreage so project meets coastal low density
development requirements.
XII. Sewage Disposal (DWQ Only)
Page 7 of 8
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.
Conventional septic system and repair area will be utilized on this site
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
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).
None.
lei
Applicant/Agent's Signature L J Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200411627
County: Dare U.S.G.S. Quad: Buxton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: I\fichael Scott
Address: Post Office Box 312
Buxton, North Carolina 27920
Telephone No.: 252-995-5023
Size and location of property (waterbody, road name/number, town, etc.) Parcel two of the Thompson Miduett subdivision
contains 1.02 acres located on the west side of Thompson Midaett Road which is off of Flowers Ridtre Road in Buxton,
Dare County, North Carolina. Wetlands connected to Pamlico Sound by Peters Ditch. PIN # 053607683382
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 Clean 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 8/12/2004. 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: V v cola
J ' W ,
Date 08/12/2004
Expiration Date 08/12/2009
C Op?
Page 1 of 2
January 21, 2004
ENVllilliV61CNTALMichael & Jennifer Scott
IToh??';ssIo1 A P.O. Box 312
TO C.=.Buxton, NC 27920
PLANNING FOR
A BETTER Dear Mr. & Mrs. Scott,
ENVIRONMENT
This letter is with reference to your property in Buxton Woods, Parcel 2, off of Thompson Midgette Road
and your request that Environmental Professionals, Inc. (EPI) provide a Scope of Services to assist you in
the development of the parcel. This Scope of Services is based in part on our meeting and discussions with
you regarding the proposed development. This scope of work will result in four general areas:
1. Preliminary Site Planning and Strategic Planning
2. Wetland Delineation
3. Environmental Permitting
4. Wetland Mitigation
ftClimiua ry-SiteMaD11 ins
Projects, which move along in a predictable and timely fashion, occur because of the project proponents
ability to balance economic, design and environmental considerations. Part of these considerations are
impacted by environmental regulations and permitting complications. It is often customary that EPI advise
on design considerations to avoid unrealistic preliminary site design or advise on design alternatives which
could ease the regulatory process.
Some of this work has been accomplished during our site visit when we reviewed the conceptual plan of
development. EPI will collect additional data to prepare for subsequent phases.
2. Wethinsl-2eline?2ti9n
EPI proposes to delineate the wetlands at the site utilizing the 1987 U.S. Army Corps of Engineers'
Wetland Delineation Manual. We will coordinate with your surveyor to assist in location of the alignment.
EPI will prepare the necessary Wetland Delineation Criteria Data Sheets for presentation to the Corps at
our site visit for confirmation.
Envir-onnte?tt,,iLPernri ttin?
Based on our understanding. of the proposed development, EPI proposes to apply for a Section 404 and 401
Permit (Clean Water Act) that will include the following Scope of Services.
Tasks to be performed by Environmental Professionals, Inc. (EPI) for submittal of the applications for
Permits:
• meet with client on site to discuss project goals and to collect natural resource data necessary
for environmental design;
• refine the design of project to meet goals of client and provide best opportunity for approval
by resource agencies (if client's goals are unpermittable, then EPI will discuss alternatives
with client);
• arrange pre-application conference with resource agencies that have substantive input for type
of project proposed;
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252441-0239
FAX: 252-44.1-0721 • EMAIL: environmentaloroat-arthlink. nat
• identify adjacent riparian property owners to the project and prepare letter of notification to bb-
sent certified mail, return receipt requested;
• prepare the site design to be approved by client that will include preliminary site design of a
ground absorption sewage disposal system for a 4-bedroom residence;
• complete appropriate applications for submittal of approvals required for the project;
These may include:
1. Coastal Stormwater Application
2. Sections 404 and 401 of the Clean Water Act Applications
*This proposal does not include:
- marina water quality modeling
- archaeological review to satisfy Section 106 of the National Historic Preservation
Act
- submerged aquatic vegetation survey
- wetland delineation (State or Federal) (See scope proposed above)
- surveying
- local zoning or unified development ordnance coordination with local government
other authorities not specifically mentioned above
• obtain the appropriate support documents from the client (i.e. deed, letter authorizing
EPI to act as agent for the client, etc.);
• prepare and submit the appropriate application fees for the project (to be billed as a direct
cost reimbursable and not included in Fee Estimate);
• prepare the permit application packages and mail to the appropriate agencies;
• follow up with the appropriate review agencies to promote timely decision; and
• consultation with our client to review permit conditions and/or special considerations of
approval.
3. M elland-Mitigation
In order for Environmental Professionals, Inc. (EPI) to negotiate a successful mitigation proposal, some
preliminary work will be required to ensure that the project is properly represented. However, based on the
limited information available, it is our hope that mitigation can be accomplished by conservation easements
on the tract.
In order for us to accomplish this Scope of Services our fee will be of including pernut
application fees. Payment for services rendered is due upon receipt o -invoice. Interest in the amount of
18% APR will be charged on any unpaid balances effective ten days from the date of the invoice. In the
event that legal action is necessary to enforce the recovery of any professional fees and interest due, client
agrees to pay Environmental Professionals, Inc. the cost of any attorneys fees or court costs in addition to
all other damages.
If you fund this Scope of Services and Fee Estimate acceptable, please sign at the bottom of this document,
and return one signed copy for our file so that we may continence work.
Sincerely, /X11 , ,1 +F 'L CO
Environmental Professionals, Inc.
eoYge H.' ood, CEP, PWS J '?
November 4, 2004
NC Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699
RE: Michael Scott, In Lieu Payment Request for Wetlands Mitigation
To Whom It May Concern:
Our client Michael Scott is applying for a Nationwide #18 fill permit and is requesting in
lieu payment for wetland impacts associated with his project in Buxton, NC. The Army
Corps of Engineers and the Division of Water Quality will require Mr. Scott to purchase
0.2 acres of non-riparian wetlands from your office (a minimum of a 2:1 ratio for the
wetland impacts required).
We are aware that your office has a minimum purchase requirement of 0.25 acres, and
our client is willing to purchase that amount in order to meet your requirements and those
of the USACE and NWDWQ 401 certification.
Please provide Environmental Professionals Inc. with a response that your office is
willing to accept payment to meet the mitigation requirements.
Please call us if you have any questions on this matter.
Sincerely,
Kent A. Priestley
Environmental Professionals Inc.
Cc: John Dorney, NCDWQ 401 Certification
William Wescott, USACE Washington Regulatory Field Office
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3-D TopoQuads Copyright O 1999 DcLorme Yarmouth, ME 04096 Source Data: USGS ' 250 ft Scale: l : 7,200 Detail: 14-7 Datum: NAD27
PAMLICO
SOUND
L.
Y ?
SITE
ATLANTIC
- - - OCEAN
WORK PLAN NOTES
-PROPERTY ADDRESS
46208 THOMPSON MIDGETT ROAD
-OWNER
MICHAEL & JENNIFER SCOTT
PO BOX 312
BUXTON, NC 27920
-PROJECT
PROPOSED FILL OF 4,290 SQ. FT.
OF JURISDICTIONAL WETLAND
-WETLAND ALIGNMENT
BY WILLIAM WESCOTT, PWS, USACOE
REGULATORY SPECIALIST - 8/12/2004
LOCATION SKETCH, NOT TO SCALE LIONEL A[S CASEY 6 CIATRIDISGS A CASEY /
D& - 213, PG - 255 r
C(Yl1TR(E r
CURB S 84'1TMI
-' ---
--- ---- 139.79'
1
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PARCEL ONE
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? "- AREA
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.............. ........
\ I
I
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'
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UILDING LINE
' '
'O
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lr-- ?? ? 12.7' 50
1 PROPOSED
PARCEL , TWO ,
j
CAPE HATTERAS
IuA11(IIA1 SEASHORE
r 1 5 BEDROOM
44,464 sq ft .(TOTAL) DWELLING - I PROP: DRIVE
36,881 sq ft (OPLANDS) ? f C0' '
i 5A
I - -
PROPOSED FILL AREA
4,290 SQ, FT.
404 LINE
r'
-PROPOSED WETLAND FILL
-PROPOSED SEPTIC
5 BEDROOMS X 120 G.P.D. = 600 G.P.D.
LTAR = 0.5
600 G.P.D. / LTAR 0.5 = 1,200 SQ. FT.
1,200 / 3' WIDE TRENCH BOTTOM = 400 L.F
(5) 80 L.F. LINES PROPOSED = 400 L.F.
-SEP11C SYSTEM SHOWN FOR REFERENCE PURPOSES
ONLY. DESIGN AND ENGINEERING BY OTHERS.
-PROPOSED COVERAGE
HOUSE = 3,600 SQ. FT.
PROPOSED DRIVE = 2,108 SQ. FT.
=' 12 DITCH
/ / . • • iTTANDSDLINE ALONG
EDGE le ITCH
-?/ I ?f
?t 1211KI' ? - ? \ ?? ' q r
NOTES"
DRYAN L 6 SUSIE E. PERRY
D3,- 043, PCB - 540
1. FIRM. ZONE, ' X '
SUBJECT TO CHI
2 HM REFERENCE M
'A. THOMSPON I
PG C ' SL -
DARE C[ MY RI
3. PIN 0 0205360766
4. THIS PLAT IS SUE
MAY BE DISCLOS
ACCURATE TITLE
5. BUILDING LIES S
F.E.MA
DIV. '
lo? 1?
IA N861T43EIIr, WETLANDS)
7,533 sq ft
FILL LIMIT
PARCEL THREE
I
1
ANY FACTS THAT
FULL AND
EON MUST BE
MAKES NO
4ING AND / OR
C(kIC.
-EX. COVERAGE
SHOP = ±1,221 SQ. FT.
STONE & CONCRETE DRIVE = 2,976 SQ. FT.
LEGEND OF SYMBOLS
? EXISTING CONCRETE 1190ENT
O CONCRETE MONUMENT SET
O EXISTING IRON PIPE
O IRON PIPE SET
O EXISTDNG REBAR
O REDAR SET
O CALCULATED POINT
+ PK NAIL
* RIGHT OF WAY MONUMENT
* GEODETIC MO dlMENT
O OLD STOLE MONUMENT
b POVER POLE
0 TELEPHONE HEAD
'Q CABLE T.V. HEAD
? TRANSFORMER
0 WATER METER
0 HYDRANT
ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948
(252)441-0239
(252)441-0721 (FAX)
- MICHAEL SCOTT
NATIONWIDE FILL PERMIT APPLICATION
PARCEL 2, A. THOMPSON MIDGETT DIVISION
BUXTON - HATTERAS TOWNSHIP
DARE COUNTY NORTH CAROLINA
SCALE: 1"=60' DATE: 9/30/04
REV: 11/4/04 ADD LAYOUT
DRAWN BY. SA REVIEWED BY. KT JOB #:03-253-PT
NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY
MAP FROM SURVEY INFORMATION BY W.M. MEEKINS JR., PLS.
1 r ti? 60' 30' 0 60'
r °? ° - 1 inch = 60 ft.
GRAPHIC SCALE
fib/
Triage Check Dist
Date: tI' ?2-adoy
Project Name: Ulf < <? ?e t Sao i'
DWQ#:
O q 180
County: Q?re
To: ? ARO Kevin Barnett Y] WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: Sleoq_ 60 C r Telephone : (919) -7 3 3 3S l'1
The file attached is being forwarded to our for your evaluation.
Please call if you need as }stance.
? Stream length impacted ,
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
91 Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
2 Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments: L1 WP 15 30 A, .--?
MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WQ Supervisor: Jim Mulligan
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Michael Scott
Project Number 04 1813
Recvd From APP
Received Date 11/9/04
Project Type residential
Recvd By Region
County Dare
County2
Region Washington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
Y O -NF--[-99--(7) S[3 ?? 0.10
18 rforested FT--o-
I- PT _0N F_ F_ F __F__ F__ F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 351540 Longitude (ddmmss) 753140
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1