HomeMy WebLinkAbout20061722 Ver 1_COMPLETE FILE_20060111OF WA TF9 Michael F. Easley, Governor
`O? QG , William G. Ross Jr., Secretary
??w r North Carolina Department of Environment and Natural Resources
> y
.? Alan W. Klimek, P.E. Director
Divis-n of Water Quality
November 20, 2006
DWQ Project # 06-1722
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Hall (owner of Lot 2)
P.O. Box 1795
Kitty Hawk, NC 27949
r. Rick Willis (owner of Lot 1)
215 Brooke Avenue
Norfolk, VA 23510
Subject Property: Hall - Lot 2, Willis - Lot 1
Pamlico Sound [030151, 30-22, SA, HQW, SB]
REQUEST FOR MORE INFORMATION
Gentlemen:
On November 1, 2006, the Division of Water Quality (DWQ) received your application dated
October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed
residential developments. On November 13, 2006, the DWQ received additional information
from you, however, the DWQ has determined that your application remains incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please resubmit your application using the attached current March 2005 Pre-Construction
Notification Application and be sure to sign and date the application.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
401 Oversight/Express Review Permitting 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/ncwetlands
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NrhCarolina
Agw,7ly
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Hall/Willis Tracts
Page 2 of 2
November 20, 2006
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: March 2005 Pre-Construction Notification Application
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk,
NC 27949
Filename: 061722Ha11 Lott W illisLotl (Dare)On_Hold2
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> i?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 30, 2006
Mr. Matt Hall (owner of Lot 2)
P.O. Box 1795
Kitty Hawk, NC 27949
Mr. Rick Willis (owner of Lot 1)
215 Brooke Avenue
Norfolk, VA 23510
Subject Property: Hall - Lot 2, Willis - Lot 1
Pamlico Sound [030151, 30-22, SA, HQW, S$],
Approval of 401 Water Quality Certification with Additional Conditions
Gentlemen:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1722
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.075 acres of wetland for the purpose of constructing a residential
development at the subject property, as described within your application dated October 31, 2006, and
received by the N.C. Division of Water Quality (DWQ) on November 1, 2006, with additional
information received on November 28, 2006. 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 (NW 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 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
None hCaro"
atrrra!!y
401 Oversight/Express Review Permitting 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: hup://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Hall/Will',.?
Page 2 of 3
November 30, 2006
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 0.075 (acres) I PCN page 4 of 9
2. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. 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. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
2B.0233 and GC 3404;
6. 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 Oversight/Express Review Permitting 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
Hall/Willis
Page 3 of 3
November 30, 2006
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office a 52-946-6481.
A W K/ijm
Enclosures: GC3402
Certificate of Completion
S' rely
Alan W. Klimek, P.E.
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 061722HaI1Lot2 W ill isLot 1(Dare)401
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CID
i _ -i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 30, 2006
Mr. Matt Hall (owner of Lot 2)
P.O. Box 1795
Kitty Hawk, NC 27949
Mr. Rick Willis (owner of Lot 1)
215 Brooke Avenue
Norfolk, VA 23510
Subject Property: Hall - Lot 2, Willis - Lot 1
Pamlico Sound [030151, 30-22, SA, HQW, SB]
Approval of 401 Water Quality Certification with Additional Conditions
Gentlemen:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1722
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.075 acres of wetland for the purpose of constructing a residential
development at the subject property, as described within your application dated October 31, 2006, and
received by the N.C. Division of Water Quality (DWQ) on November 1, 2006, with additional
information received on November 28, 2006. 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 (NW 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 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
None hCarohna
Avura!!y
401 Oversight/Express Review Permitting 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: h"p://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper
Hall/Willis
Page 2 of 3
November 30, 2006
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 0.075 acres PCN page 4 of 9
2. 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.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. 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. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
213.0233 and GC 3404;
6. 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 Oversight/Express Review Permitting 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
1'
Hall/Willis
Page 3 of 3
November 30, 2006
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office a 52-946-6481.
A W K/ijm
Enclosures: GC3402
Certificate of Completion
S' rely
U
Alan W. Klimek, P.E.
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 061722HaIILot2 WillisLotl (Dare)401
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266 Kitty Hawk, NC 27949
(252) 261-7707 (252) 261-2965 fax
November 21, 2006
Ian McMillan
NC Division of Water Quality
401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699
RE: DWQ Project #06-1722 Hall - Lot #2, Willis - Lot #1, Pamlico Sound
Salvo, Dare County, NC
Dear Mr. McMillan,
This letter is with reference to the DWQ letter dated November 6, 2006 requesting additional
information concerning the application package submitted to you by our office on Mr. Halls' and
Mr. Willis' behalf. Your letter dated November 6, 2006 stated an attachment of a current March
2005 PCN application however, the PCN form was not attached. I looked at our PCN form that
was dated March 2005, so I thought we had the correct form, and I apologize for not sending the
correct form once again on November 8, 2006. 1 received the correct form from your office and
have enclosed the completed March 2005 PCN form for your review. I have also enclosed a
faxed copy of the acceptance letter from NCEEP, dated November 21, 2006 to accept payment
for impacts associated with Lots 1 & 2.
Again, I apologize for the confusion and appreciate your time in reviewing this application once
more.
Thank you for your time.
Sincerely,
Roxanne D. Dorman
Atlantic Environmental Consultants, LLC
- it
6
NOV 2 7 2006
WEIIAND AND STORMWATERIBRANCH
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PROGRAM
November 21, 2006
Matt Hall
PO Box 1795
Kitty Hawk, NC 27949
Project. Aftles Oaks Subdivision, Lots 1 & 2
County: Dare
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC )?EP) is willing to
accept payment for impacts associated with the above referenced project, Please rote that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved,
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/ 01 Certification within this titse frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 4041401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and paynwnt must be made.
Lased on the informatior. Supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Steam Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.075 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP wit] take responsibility for providing the compensatory mitigation for the, permitted impacts
up to a 2 1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5-1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or ,:L01 Water Qualay Certification, and/or
CAMA, Permit. The mitigation will be performed in accordance with the Mentorandum of Understanding betwetn the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contewt Kelly Williams at ;919) 716-1921.
Sincerely,
11 am . Gilmore,
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom S taf fe ns, t l ?A{ F =lbrashi n eton
Kyle Barnes, DWQ- Washington
Doug Huggctt, NC.DCM- Morehead City
Doug Dorman, agent (fax)
File
RestOrl... LCD... 1?Y'0t7°.Gtt%,?c4 Ou,V Stag
'.
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1662 / 91 9-71 5-0476 1 www.nteep.net
Form Version March 05
USACF. Action 1D No. DWQ No
(Il'anv particular item is not applicable to this project, please enter "Not Applicable" or "N A" I.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:- _-___Nationwide._I_8 __-
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 Ecosystem Enhancement Program (NCEEP) is proposed for
mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ® ti/7(5
I1. Applicant Information wljV 2 7 ZOUb
I. Owner/Applicant Information Ut,? . :VATERQUA,.
Name:- (Owner of_Lot 2L Matt Hall (Ow "9tlRsTq ?41Ss
Mailing Address: P.O. Box 1795 215 Brooke Ave.
- ---------
Kitty Hawk NC 27954 Norfolk, VA 23.5 I0
Telephone Number:see_agent Info.- Fax Number: -see .-agent_info.
_.-
- - - ---- -
E-mail Address:_ see agent Info.
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Douglas A. Dorman
Company Affiliation: Atlantic Environmental Consultants _LLC
Mailing Address: P.O_ Box 3266
_ Kittv Hawk. NC 27949
Telephone Number: _252-261- 7707 Fax Number:
_252-261-2965
E-mail Address: ___doug ormangearthlin_k._net
Page I of 9
111. 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
USACI requires information to be submitted on sheets no larger than I I by 17-inch format,
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hall & Willis- AFC40.6-079
2. T.I.P. Project Number or State Project Number (NCDOT Only):_-N/A __
3. Property Identification Number (Tax PIN): Lot 1 - 1)10064720806088
Lot 2 - Pin#064720806051
4. Location
County __Dare County- Nearest Town: --Salvo
Subdivision name (include phase/lot number):- Lots I& 2_? Affie's Oaks_Subdivision
Directions to site (include road numbers, landmarks, etc. - fleadmg south on I1wy I2 south
of Oregon Inlet 'ust_north _ of Hooper Lane and south of Park _Road _on west side of Hwy 12
Salvo (previously Beach & Bay Campground).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum):35°32'23.93" N 75°28'27.80" w
6. Property size (acres):--Lot-I - 0.42 acres - Lott - 0.42 acres - (combined -0.84 acres)--
7. Name of nearest receiving body of water:_ Pamlico_ Sound
____---
8. River Basin: Pasguotank Rive -r Basin _
_. - - .
-- --
(Note - this must be one of North C'arolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:_ -Lots_ I and 2 are cu_rrentlv undeveloped no structures
currently exist on these lots.- Lots _we-re-previously utilized for single-fa_mil residential and
contained single-wide trailers. Land use in the vicinity is residential and commercial
10, Describe the overall project in detail, including the type of equipment to be used:--project
includes constructing a sine-family residential dwelling with concrete driveway and parking to
include conventional wastewater _ systems (or_cach of the two lots). Rctaining_wall _.will be
construc_lcd at the wetland rill _intcrl'ace t o p
revent_intrusion of material_in wetlands not permitted for
fill and to clcyate thcportion_of_fill for residential. const_ruction.Once_ fill is in place fill area and
disturbed area will be ,radcd_._and seeded to filter storni atcr runoff and prevent intrusion of' fill
material into wetlands. A du-nip, _truck, _frontend loader and back hoc will be utilized for brinein) in
clean sand and preparine, the site for residential construction and dig; area for wastewater _s s?lCm.
Hand tools and hydraulic pumpwill be used to construct retainilm all.
11. Explain the purpose of the proposed work: Proposed fill to construe( houses, drivc-way, parking
and_wastcwatcr systems_ on botl_i Lots Land Lot 2__Both_lots arc_flag_lots, which limit _the location of
structures and _wastcwatc_r__A_50 foot setback from all wetlands is_rcciuired by _Dare County for
wastewater systems, whichhal_so require a repair area for each lot incase the wastewater s.?-- I'ai.Is.
Houses are positioned- on back of lots to haN c buffer from _I lwy 12 and also place wastewater cast _of'
bouses to minimize wetland fill._Opcn area adjacent to Hw} 1-2 for future expansion of' HwN, 12.
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 USACF-, 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.
Jurisdiction determination has been made by_William-Wescott USAGE, on 9-13-04, however no
Action _IDnumber has beent-)iven at this time due to proMOOtransa_tions and moratorium with
USACOF,_sinin plat_s__and jurisdictional determination- letters are not-_issued_b?_the_ USACOE at
this time. -
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:
No future permit reuct ests are anticipated -fo_r, thiss?t__
V1. 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. Each impact must be listed separately in the
tables below (e.g.. culvert installation should be listed separately from riprap dissipater pads). Be sure to
indicate if an impact is temporary. All proposed impacts. permanent and lcmporary. must be listed. and
must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all
streams (intermittent and perennial) should be shown on a delineation map, whetlicr or not impacts are
Page 3 4 1)
proposed to these systems. Wetland and slrcam 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 wctland or slrcam mitigation. list and describe the impact in Section VIII bclo\%. 1f additional space is
needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts- - Fi_Il-_0.075_acre of non riparian
Section 404 wetlands to construct residential dwellings and meet wastewater setbacks. Clean
fill sand will be-trucked _ in from a commercial source and placed in 0.975 ac. of non-riparian
wetlands.. A_retainin?? wall will be constructed_at the-wetland- fill interface to contain the fill
material (clean sand from-an-upland commercial source) and-prevent Intrusion of fill material
into wetlands to eliminate any-fur-t-her impacts.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditch ing/drainage, etc. Fo r dams,
separately list impacts due to both structure and flooding.
wetland Impact h pe of Wetland kocated \rithin
l
ti Distance to Area of
Impact
Site Number h pc of Impact odpl `
(e.g.. tc,resicd. marsh. I?loodplain Nearest Stream (acres)
(indicate on map) herbaceous. bog, ete_1 (yes/no) (linear leer)
Lot I 404 wetland till Soul, wetland Yes Man made canal 105 reOl 0.041 ac.
- - -
Lot 2 404 wetland fill Scrub wetland Yes
Man made canal
165 feet
0.034 ac.
Total Wetland Impact (acres) = 0.075 acre
3. List the total acreage (estimated) of all existing wetlands on the property: Lot I - 0.06 ac.___
Lot 2 - 0.074 ac. (total_combincd O. 13 ac.)
I'otul area ol'wctland impact proposed: _ Ocq 1)_0 04 I I (lot__) 0.034 -1 -0.07-5-acre tote.,.
- -
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream impact , Average of Impact Area of al ol Site Number Stream Name Type of Impact
IInternu?renntnitC 11? Stream Width Length Impact
(indicate on maid) Rebore hiact (linear Icc_O (acres)
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) - N/A
I'age 4 of c1
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact 'I \'I)c of W aterhock Arc t of
Name of W tterbodN
Site Number I ype of Impact (Jakc, Fond, estuan, sound bay, Impact
(indicate on map) (tfappltcuhlc)
uuuui, clc.) (acres)
N/A N/A N/A N/A N/A
'fetal ()pen Water Impact (acres)
6. List the cumulative impact to all Waters of the U-S. resulting from the project
Stream Impact (acres): N/A
Wetland Impact (acres)- N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (Iinear feet N/A
Isolated Waters
Do any isolated waters exist on the property? ? Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
Applies to waters that have specifically been determined to be isolated by the USACF.
N/A
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. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A __._
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: - N/A
Size of watershed draining to pond: N/A_ Expected pond surface area: N/A-
V11. 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
Page 5 of 1)
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed-impact ?wetland _fill) as limited to a total of 0.075.acre _for_both Lots 1 and ..2
combined. _ Wetland fill was minimized when thesite_plan was revised to construct_a retaining
wall to limit the amount of fill in Section 404 wetlands-rather _t_han fillies with a 3:_1 slope.
Wetland impacts are necessary to construct a house on each lot and meet septic setbacks for
wastewater systems on both lots, both Lots I and 2 are flag lots limiting the location where a
house can be constructed and septic_tank/field located... Filter cloth to be-placed between the
proposed retaining wall and fill, toprevent_intrusion _into wetlands not permitted for fill.
V ill. Mitigation
DWQ - In accordance with 15A NCAC 211 .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.
USACF 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. Fxamples 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 USACF, or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide,html.
Provide a brief description of' the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed_mitilation plan_for this project will be the purc_hase_ of wetland credits from
NCEEP as comnRensatory wetland impacts_proposed_(O.075 acre of
mitigation to_ offset
wetland _filly. ___An acceptance letter from _N_('F,E_P _dated- _November _21, 2006 to accept
payment for Impacts _associated _with Lots 1 &_2 is attached with this application.
Page 0 of 1)
Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCF,E,P). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are willing to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCF,FP, check the NCFFP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feel): 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/Q__
IX. Environmental Documentation (DWQ Only)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No 0
2. 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 ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section V11 above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(NeuSe), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify N/A Yes ? No ?
2. If "yes", 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.
Page 7 of")
* Impact Multiplier Required
"bone
(square feet) Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone I extends out 30 Icct perpendicular from near hank of channel; /.one 2 extends an
additional 20 feet from the edge ol'/.one 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
No buffer mitigation. required for this project since disturbance/fill_is not within the buffer.---
X1. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Inlpcrvious arc_as do-trot curren(IN exist NN-4hin Lot_I_
or Lol_2.Proposcd built upon (iniacrvious arcafor Lots 1 & 2 arc asl follows:
- -
*Total. acreage of Lot I is 0.42 acre- proposed built upon impervious area for_Lot I- is 291/o.
House, _porch &_stairs 2,315 s..-f_+ driveway and parkin2,989_s f.
Total impervious areas for Lot 1 = 5,304 s.f
*Total acreage of_Lot 2_is__0.4-2 acre- proposed .built upon impervious area for Lot 2is -2.9%.
House, porch and stairs 2,3 15 s. f. + driveway and p-arkin3,112 s.f___
Total impervious areas proposed on Lot 2 = 5,427 s.f..
Total impervious area proposed on Lot 1 = 5,304 s.L + Lot 2 = 5,427 s.f.
Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 5,304 s.f. +
5,427 s.L = 10,731 s.f. Total for both Lots 1 & 2
R-o_f_of -. ro o-sed houses have severr_al_ valleys-and gutters, which will allow several areas of
surface runoff'preventing llocal_i_zation of_stormwater runoff in just a few treas.- Both lots will be.
graded to slope towards the northern boundaries and eastern boundaries. Grading towards the
west will be gradual slope_-__from-the-house to the fill area (retaining__walij_- A
landscapina/retaining wall will be constructed _al_ong__th_e_wetland - fill interface and .placed with.
filter cloth to prevent _intrusion -of_material into wetlands not. permitted for fill. All graded areas
around each house will be seeded to filter surface runoff Silt fence will-be_placed- a_I_ong_the
wetland interface and graded area to-prevent _material _ runoff before grass is established. Total
land disturbance for Lot I will he a maximum I R,333 s.f 'T'otal land disturbance for Lot 2 will
be a maximum of-I-8 225_s.f,_
Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s.L (0.84 acre)
Page 8 of')
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
_On-site _LPP wa_ste_ water systems proposed for both Lots _l &_2 including repair areas (Lot I
includes drain field repair area and Lot 2 includes a peat systern repair area) (sce ittachu(i fill plat
X111. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules ( 15A NCAC 214 .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).
No constraints currently associated with thiroject. _
f;
Applicant/Age?s ignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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a
wG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 6, 2006
DWQ Project # 06-1722
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Hall (owner of Lot 2)
P.O. Box 1795
Kitty Hawk, NC 27949
Mr. Rick Willis (owner of Lot 1)
215 Brooke Avenue
Norfolk, VA 23510
.y
Subject Property: Hall - Lot 2, Willis - Lot 1
Pamlico Sound [030151, 30-22, SA, HQW, SB]
REQUEST FOR MORE INFORMATION
Gentlemen:
On November 1, 2006, the Division of Water Quality (DWQ) received your application dated
October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed
residential developments. The DWQ has determined that your application is incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1- This Office believes that the two homes labeled on the plans as "Proposed House on Lot
1 and Proposed House on Lot 2" can be moved or reconfigured to avoid or minimize the
impacts to the wetland. Please revise the plans to avoid the impacts.
2. Please resubmit your application using the attached current March 2005 Pre-Construction
Notification Application
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
401 Oversight/Express Review Permitting Unit Caro}?na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 dV[1tllCQf?
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: h ;a2o enr state nc u /ncwetl ndc
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
HaMillis Tracts
Page 2 of 2
November 6, 2006
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sin ely
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: March 2005 Pre-Construction Notification Application
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk,
NC 27949
Filename: 061722HaIILot2WilllsLotl (Dare)On_Hold
EcosP't '**-
Ystem
PROGRAM
November 21, 2006
Matt Hall
PO Box 1795
Kitty Hawk, NC 27949
Project: Affies Oaks Subdivision, Lots 1 & 2
OLD - "1 2 2
agg-??[I-\y7p
J M5
NOV 2 7 2006
UENR - WATER QUALI I Y
WETLANDS AND S T ORMWATER BRANCH
County: Dare
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.075 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
Y•
n
r ? 1'Jv/
illiam . Gilmore,
irector
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ- Washington
Doug Huggett, NCDCM- Morehead City
Doug Dorman, agent (fax)
File
Rmt rtGf ... 'E... Prot"P,G;t0009 Our State,
?.!+"?iL
WIE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
?pF WA TF90 Michael F. Easley, Governor
?p G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Divis:-n of Water Quality
November 20, 2006
DWQ Project # 06-1722
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Hall (owner of Lot 2)
P,O. Box 1795
Kitty Hawk, NC 27949
Mr. Rick Willis (owner of Lot 1)
215 Brooke Avenue
Norfolk, VA 23510
Subject Property: Hall - Lot 2, Willis - Lot 1
Pamlico Sound [030151, 30-22, SA, HQW, SB]
REQUEST FOR MORE INFORMATION
Gentlemen:
On November 1, 2006, the Division of Water Quality (DWQ) received your application dated
October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed
residential developments. On November 13, 2006, the DWQ received additional information
from you, however, the DWQ has determined that your application remains incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please resubmit your application using the attached current March 2005 Pre-Construction
Notification Application and be sure to sign and date the application.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
401 Oversight/Express Review Permitting 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: littp://li2o.etir.stntc.nc.us/ncwctlaiids
N rhCaro ina
Xturallly
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Hall/Willis Tracts
Page 2 of 2
November 20, 2006
This letter only addresses the application review and does not authorize any impacts -to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKIUm
Enclosures: March 2005 Pre-Construction Notification Application
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk,
NC 27949
Filename: 061722HallLot2WillisLotl (Dare)On_Hold2
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266 Kitty Hawk, NC 27949
(252) 261-7707 (252) 261-2965 fax
November 8, 2006
Laurie Dennision
NC Division of Water Quality
401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699
RE'. DWQ Project #06-1722 Hall - Lot #2, Willis - Lot #1, Pamlico Sound
Salvo, Dare County, NC
Dear Ms. Dennison,
This letter is with reference to the DWQ letter dated November 6, 2006 requesting additional
information concerning the application package submitted to you by our office on Mr. Halls' and
Mr. Willis' behalf. Both lots are individually owned by Matt Hall (Lot #2) and Rick Willis (Lot #1).
Two separate projects requesting one fill permit.
Additional Information as Requested:
Site plans for both Lots 1 and 2 could not be moved or reconfigured due to the
fact that both lots are flag lots, limiting the location of wastewater system and house locations.
The wastewater setbacks limits the wastewater system to a minimum of 50 feet from adjacent
wetlands, therefore the house is located west of the proposed wastewater systems on both lots,
requiring fill for wastewater setbacks and to construct both houses. A repair area is required by
the Dare County Health Department (indicated on site plan), and is also limited by 50' setback
from adjacent wetlands. Location of wastewater minimized wetland fill as oppose locating the
wastewater at the back of the property. Wastewater and repair area cannot be located within the
10' MBL setback. Narrow portion of each lot is limited to access and parking. Location of parking
allows vehicles safe turn around area to enter Hwy 12. A small portion of property is left open on
the east end of both lots to allow for future expansion of Highway 12 and allow for a grassed
buffer from highway runoff. Limited open areas are located around each house for utility access
clear of wastewater area and setbacks from house for wastewater.
Enclosed you will find a completed Nationwide 18 PCN form per your request. If you have any
questions or comments please do not hesitate to call 252-261-7707.
Sincerely,
Douglas A. Dorman
Atlantic Environmental Consultants, LLC
Encl. a/s
IV1JV ? ' ,5???/
?T t??rf'A!t• 'r::i!
LUJSACE Action ID No.
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 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Natio_n--wide 1-9
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: ® ( P? ???
If. Applicant Information
NUN -1 'L006
1. Owner/Applicant Information
Name: -__tOwner of Lot 2): Matt Hall.
--- - (Owner _of.Lot 1-) _????at?cN
Mailing Address: P.O. Box 1795 215 Brooke Ave.
Kitty Hawk, NC 27954 Norfolk, VA 23510_
"telephone Number: see agent info. Fax Number: see__a wnt info.
-
- -
E-mail Address: -see agent -inflo.
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. )
Narne: -Douglas_A. Do- rman -
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address:-__ P.O. Box 3266
Kitty Hawk NC 27949
Telephone Number: 252_261-7707 _ Fax Number: 252-261-2965
E-mail Address:_ -dougdorman (i earthlink.net
DWQ No.
Page I of")
Ill. Project Information
9
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 I I by 17-inch format,
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject- Ifall & Willis AEC#06_-079
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): _Lot I - Pin#064720806088
Lot 2 - Pin#064720806051
4. Location
County: Dare County_ Nearest Town: Salvo
Subdivision name (include phase/lot number):_Lots I_ & 2,-Affie's Oaks Subdi-vision_ _
Directions to site (include road numbers, landmarks, etc. Head1r1i?__s0rrth on_Hwv 12 south
of Oregon Ln._let,1ust north of Hooper Lane a- - __th of Park. Road on -west s'-de of Hwv 121
Salvo (previously Beach & Bay Campground).
5. Site coordinates, if available (UTM or Lat/Long): 3532.23.93 N 7528.27.80 W
(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:
LotsI-and 2_ are currently undeveloped-no structures currently, exist on-these- lots
7. Property size (acres):_ Lot 1 - 0.42 acres - Lot 2 0.42 acres
-_-(combined_- 0.84 acres)_
8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound
River Basin:__ Pasquotank River.Basin _
(Note - this must be one of North Carolina's seventeen designated major river basins.
River Basin map is available at Bill)://li2().em-.statC.nc.Lls/admin/maps/.)
The
Page 2 of 9
10. Describe the purpose of the proposed work :prroposed_f`ill_ is-necessary to construct houses on
both lots I and 2.
1 1. List the type of equipment to be used to construct the pro'ect_ Dump truck and frontend
loader
12. Describe the land use in the vicinity of this project: residential/commercial
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 USAGE 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.
Jurisdiction determination has been made by William Wescott, USAGE, on 9-.13-06, however no
Action ID number _has_been _given _at this time due to _proerty transactions and moratorium with
USACOE_sj nin Tats and jurisdictional determination letters are not issued by the USACOE at
this time.
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:
No future permit r_eauestsare anticipated for_this.project
V1. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
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 Vlll below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 of 9
Wetland Area Located within Distance to
Impact Type of of 100-year Nearest
***
Site Number Type of Wetland
*
Impact* I **
Floodplain Stream
(indicate on (acres) (yes/no) (linear feet)
map)
Lot 1 404 wetland till 0.041 ac- Yes Man made canal
165 loot
Scruh wetland
Lot 2 404 wetland fill 0.034 ac. Yes Man made canal
165 feel
Scrub wetland
* last each nmpact separately and identily temporary impacts. Impacts include, but are not limited to: mcchaniz.cd
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 Flinergeney Management Agency's (FFMA) Flood Insurance
Rate Maps (FIRM), or FFMA-approved local Iloodplain snaps. Maps are available through the FI?MA Map Scrvice
('enter at 1-800-358-9616, or online at htlp://www.lenw.gov.
*** List a wetland type that best describes wetland to be impactLd (e.g., freshwater/saltwater marsh, lOrestcd wetland, beaver
pond, Carolina Hay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: Lot I - 0.06 ac.
Lot 2 - 0.074 ac. total combined 0.13 ac.
'total area of wetland impact proposed_ (lot 1) 0.041_+ (lot 2) 0,034 =0.075 acre total
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Numlwr
(indicate on map)
Type of Impact* Length of
Impact
(linear tool)
Strcam Name** Average Width
of Stream
Before Impact Perennial or
Intcrinit tell lY
(please specify)
N/A -
N/A N/A -
N/A N/A N/A
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.
Page 4 ol'9
** 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 I-800-358-9616, or online at www.usgs.goy. Several Internet sites
also allow direct download and printing of USGS maps (e.g., www.to-pozone.con),
www.nlapquetit_cgm, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
()pen Water
Impact
Site Number
(indicate on
mah)
.Npc ol, 1111p act*
Area of
Impact
(acres)
Name of Waterbo(c
(if applicable)
'I'ypc of Watcrbody
(lake, pond, estuary, sound,
baY, ocean. ctc.)
- ---
N/A N/A N/A N/A N/A
* List each impact separately and identil,Nteniporary iruhacts. Impacts include, but arc not limited lo: fill, excavation,
dredging„ Ilooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of' a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.).- N/A_ _ --
Proposed use or purpose of' pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):- N/A_
Size of watershed draining to pond:_ N/A___ _ Expected pond surface area:__ N/A
V11. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact wetland f"illl was limited to a total of 0.075 acre for both Lots I and 2
combined. Wetland fill was minimized when the site_plan_was revised to_construct a retaining
wall to limit the amount of fill in Section 404 wetlands, rather than filling with a-3: I slope.
Page 5 49
Wetland impacts are necessary to construct a house on each lot and meet septic setbacks for
wastewater systems on both lots both Lots -Iand 2_are_flag, lots limiting the location where a
house can be constructed and septic tank/field located. Reair_areas _are required by Dare County
Health Dept., limiting the location for the proposed houses. Wastewater and repair areas cannot
be outside the 10' MBL therefore limiting the location of_thewastewater and_reairareas.
Narrowed vortion of lots. is limited to access _and.park in ,which will also allow for grassed
buffer area for highway runoff and future expansion of Hwy 12. Parking location allows
vehicles to back in to turn around and exit the driveway. Filter cloth to be placed between the
proposed retaining wall and fill, to prevent intrusion into wetlands not permitted for fill.
Property owner's of Lots Iand 2 are working toget_h_er for two separate roiects to minimize
l_l._Perm t for both_proiects combi
imp ywithin_a_N_ationwide I $ I -1 1
ta ned.
acts to_s
V111. 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 he considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams, and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http //h2o.enr.state.nc.us/ncwetlands/strmgide.btml.
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.
The _ proposed _mitibation- 3-plan- for this project- will be_-the _purchase of wetland credits from-
-
NCEEP as corn ensatory mitigation- to offs__et wetland- impacts proposed (0.075 acre of
wetland fill).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at
http.//h2_o.enr.state.nC.415/wrp/index,htm. If use of the NCWRP is proposed, please check the
appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet):
----------- -
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_
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 Fnvironmental 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 [I
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
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.
I'agc 7 oP)
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A___-__- )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Lone* Impact Required
(square feet) Multiplier Mitigation
I N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone I extends out ll I'M perpendicular from naubank of channel-, Zone 2 extends an
additional 20 Ibct from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or -0260.
_
No buffer mitigation required for this-pwjectsince disturbance/-fil--I_is not within the buffer.
X1. 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.
Impervious _areas _do_not_currently exist within Lot l _or_Lot-2_ -Total acreage of Lot I is 0.42
acre, proposed built upon impervious_area_fo_r Lot _I is 25% "Total acrea reof Lot 2 is-0.42 acre,
proposed built upon impervious area for Lot 2 is 29%. Total impervious area (built upon area)
roused on Lot I house, porch & stairs 1,826 s_f._±_-driveway andparking 2,900 s:f. 47.26
s.f._ F Lot 2house porch and stairs _1,8-26s.f. + driveway and parking 3,580 =_5,406 s.f.
Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 = 111,132 % Total
Slope proposed from house to-fill area is 3:1 slope (fill _dope).-_ Roof of proposed houses have
several valleys and gutters,- which will allow several areas of surface runoff preventing
localization of stormwater runoff in lust a few areas. Both lots will be Traded to slime towards
the northern _boundaries _ and eastern _boundaries. __Gradi-ng towards the west will be at a 3:1 slope
from the. house-to- the. fill area. A landscaping/retaining_._wall will be constructed along, the
wetland fill interface and_.placed _with _filter cloth.- All other graded areas along the western side
of the house will be seeded to filter surface runoff Silt ('once will be placed along the wetland
interface and graded ar_ea_to-prevent-material-r_unoff_be_tore-grass _is established. Total land
disturbance for Lot I will be a maximum 18333S.--r- Total land disturbance for Lot 2 will be a
maximum of 18,425 s.f.
Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s.t'. (0.84 acre)
Page 9 of 9
X11. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On-site LPP_waste water systems proposed for both Lots I & 2 includin& repair areas-(Lot I
includes drainfield_repair area and Lot 2 includes _apeat system repair area) (see-attichccl till plat)
X111. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 211 .0500) or any Buffer Rules?
Yes ? No
is this an after-the-fact permit application?
Yes ? No 0
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 fror lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
No constraints are currently associated with this project.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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'NA OF WATF, Michael F. Easley, Governor
X01 QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 6, 2006
DWQ Project # 06-1722
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Hall (owner of Lot 2)
P.O. Box 1795
Kitty Hawk, NC 27949
Mr. Rick Willis (owner of Lot 1)
215 Brooke Avenue
Norfolk, VA 23510
Subject Property: Hall - Lot 2, Willis - Lot 1
Pamlico Sound [030151, 30-22, SA, HQW, SB]
REQUEST FOR MORE INFORMATION
Gentlemen:
On November 1, 2006, the Division of Water Quality (DWQ) received your application dated
October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed
residential developments. The DWQ has determined that your application is incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1. This Office believes that the two homes labeled on the plans as "Proposed House on Lot
1 and Proposed House on Lot 2" can be moved or reconfigured to avoid or minimize the
impacts to the wetland. Please revise the plans to avoid the impacts.
2. Please resubmit your application using the attached current March 2005 Pre-Construction
Notification Application
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
401 Oversight/Express Review Permitting 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: htto://h2o.cur.state.ne.us/ncwctIands
Ni One hCarolina
Naturaly
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
M
Hall/Willis Tracts
Page 2 of 2
November 6, 2006
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sin ely
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: March 2005 Pre-Construction Notification Application
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk,
NC 27949
Filename: 061722HailLot2WillisLotl (Dare)On_Hold
DWQ 06-1722 Hall Lot 2, Willis Lot 1
P
Subject: DWQ 06-1722 Hall Lot 2, Willis Lot 1
From: Laurie Dennison <laurie.j.dennison@ncmail.net>
Date: Tue, 07 Nov 2006 15:31:19 -0500
To: dougdorman@earthIink.net
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being
forwarded to you electronically so that you may expedite preparation of your
response. Please do not send your response as a reply to this e-mail or via fax.
The hard copy is being sent via US Mail. All response correspondence is to be
mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree
Blvd., Raleigh, NC, 27604 unless otherwise noted.
Content-Type: application/msword
061722Ha11Lot2WillisLotl(Dare)On_Hold.doc Content-Encoding: base64
1 of 1 11/7/2006 3:32 PM
Pil,Y7,^Er!T
RECEIVED
USACE Action ID No. DWQ No. 2 4 0 6 1 7 2 2
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Check all of the approval(s) requested for this project:, rr
® Section 404 Permit... `
? Section 10 Permit NOV I 2011b
® 401 Water Quality Certification DENH - WAr _ht L!0 iL;l r
? Riparian or Watershed Buffer Rules WETIAN0,S, 0 s rrRRA1ry>^JFRRRANCH
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4 If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
IL Applicant Information
Owner/Applicant Information
Name: _AOwner of Lot 2J Matt Hall__ _ Owner of_Lot 1): Rick Willis
Mailing Address: P.O. Box 1795 Oct 215 Brooke Ave.
- KittyHawk-NC 2794- - Norfolk VA 23510___
Telephone Number: see agent info. -- Fax Number:_ see, rent info.
E-mail Address:_ see a,ent info____ ---
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: - Douglas A. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC_
Mailing Address:_ P.O. Box 3266
-- - Kitty Hawk NC 27949 ---- -
'T'elephone Number:_-252-261-7707----- Fax Number: 252-261-2965
-- -- ----
E-mail Address: _ dougdorman a earthlink_net
Page I of 9
Ill. 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 1 I by 17-inch format,
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject:_Hall & Willis_ AEC#06-079
2. T.I.P. Project Number or State Project Number (NCDOT Only):__ N/A
3. Property Identification Number (Tax PIN):_Lot I - Pin#064720806088
4. Location
Lot- 2 _- Pin#064720806051
County: Dare CountW_ _ Nearest Town: Salvo _
Subdivision name (include phase/lot number):__Lots _I & 2. Affie's Oaks Subdivision _
Directions to site (include road numbers, landmarks, etc. Heading; south on Hwy 12, south
of Oregon Inlet just north of Hooper Lane and south of Park Road on west side of Hwy 12 in
Salvo (previously Beach &_-Bay Campground).
5. Site coordinates, if available (UTM or Lat/Long): 3532.23.93 N 7528.27.80 W
(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:
Lots l and 2 are-currently _u_nde.veloped, -no structures current exist on these lots.
7. Property size (acres):_ Lot 1 = 0.42 acres Lot _2 - 0.42 acres (combined =_0.84 acres)
8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound
9. River Basin: Pasquotank River Basin
(Note -- this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http_//h2_o.enr.state nc_.us/a_dmi_n/mats/.)
Page 2 of 9
10. Describe the purpose of the proposed work: proposed fill is necessary to construct houses on
both lots 1 and 2.
I L List the type of equipment to be used to construct the project: Dump_truck and frontend
loader
12. Describe the land use in the vicinity of this project:__ residential/commercial
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.
Jurisdiction determination has been made by William Wescott USACE on 9-13-06 however no
Action ID number has been given at this time due to property transactions and moratorium with
USACOE, signing-plats andjurisdietional determination letters are not issued by the USACOE at
this time.
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:
No future permit requests are anticipated for_t_his_project
Vl. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
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
Page 3 49
Si
(t
* List each impact separately and ulentily temporary impacts. Impacts include, but are not limited to: mechanized
clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Year floodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps (FIRM), or I'I;MA-approved local Floodplain maps. Maps arc available through the FEMA Map Service
Center at 1-800-358-9616, or online at http_//wvvw,lema_gov.
*** List a wetland type that hest describes wetland to be impacted (c-g., freshwater/saltwater marsh, forested wetland, beaver
pond, Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: Lot l - 0.06 ac.
Lot 2 - 0.074 ac. total combined 0.13 ac.
Total area of wetland impact proposed: blot 1) 0.041 + (lot 2) 0.034 = 0.075 acre total _-
Wetland
Impact
to Number
ndicate on
map
Type of
*
Impact
Area
of
Impact
(acres)
Located within
100-year
**
Floodplain
(yes/no)
Distance to
Nearest
Stream
(linear feet) --- --?
Type of Wetland***
Lot I 404 wetland till 0.041 ac.
Yes Man made canal
165 fcct
Scrub wetland
Lot 2
404 wetland fill
0.034 ac. - - --- ----- -
Yes -- ------
Man made canal
165 feet ------------ --
Scrub wetland
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
(linear feet
)
Stream Name**
----- ---- Average Width
Average
Stream
Before Impact perennial or
Intermittent?
(pleasespecify)
- N/A N/A N/A N/A N/A N/A
--at caCH uuNala SC1JalatCty and Identity temporary impacts. Impacts include, but are not limited to
culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding),
relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement
wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams
must be included.
page 4 of 9
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT
(unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are
available through the USGS at 1-800-358-9616, or online at www.usgs.-gov. Several internet sites
also allow direct download and printing of USGS maps (e.g., wwwtopozone_com,
www.maest,cm_, etc.).
01
Sit
(Indic
Cumulative impacts (linear distance in feet) to all streams on site: _ no stream impacts
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
en Water
mpact
Number
ale on ma _
I ype of Impact Area of
Impact
(acres) _
Name or Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):- N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond:-- N/A Expected pond surface area: N/A
V11. 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.
Thepr oposed impact wetland fill) was limited _to_a total of 0.075 acre for both Lots 1 and 2
combined. Wetland fill-was minimized when the site .plan -was revised to construct a retaining
wall to limit the amount of fill in Section 404 wetlands, rather than filling, with a 3:1 slope.
Page 5 of 9
Wetland imp?acts_are_necessary to construct a house on each lot and meet septic setbacks for
wastewater svstems_on both lots-, both Lots I and 2_are fly lots limiting the. location where a
house can be constructed and se tic tank/field located....
Filter cloth to be placed between the proposed retaining wall and fill prevent intrusion into
wetlands_not permitted for fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 211 .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
littp.//li2o.eni-.state.nc.us/ncwetlands/sti-mi,-,ide,htnil.
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.
Th_ e ?rop-osed miti ratt ion Plan fo_r_this Rroiect_will be the purchase of wetland credits from
NCEEP as compensatory mitigation to offset wetland impacts proposed (0.075 acre of
wetland films
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
Page 6 49
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at
11_02o.enr..state.nc.us/wrp/index htm. If use of the NCWRP is proposed, please check the
appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet): 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
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A__ _ )?
Yes ? No ® if you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Page 7 49
Zone* Impact Multiplier
(square feet)
1 N/A 3
2 N/A 1.5
Total N/A
Zone I 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.
No buffer miti Jation required _forthis project since disturbance/fill is not within the buffer.
X1. 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.
Impervious areas do not currently exist within Lot 1_or Lot 2. Total acreage of Lot 1 is 0.42
acre, proposed built upon ripervious_area-fo_r_Lot 1 is 25%. Total acreage of Lot 2 is 0.42 acre,
proposed built upon impervious area for Lot 2 is 29% _Total impervious area (built upon area
proposed on Lot 1 - house porch & stairs 1,826 s.f. + driveway and parking, 2,900 s.f. = 4,726
s.f. + Lot 2 - house orch and stairs 1,826 s.f: + driveway and parking 3 580 = 5,406 s.f.
Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 -10 10,132 s.f Total
Roof of proposed houses have several valleys and gutters, which will allow several areas of
surface runoff preventing localization of stormwater runoff in just a few areas. Both lots will be
graded to slope towards. the. northern boundaries and. eastern boundaries. Grading towards the
west will be gradual-_slWe from the house to the. fill area (retaining wall). A
landscaping//retaining wall will be constructed along the wetland fill interface and placed with
filter cloth to prevent intrusion of material into wetlands not permitted for fill. All graded areas
around each house will be seeded to filter surface runoff Silt fence will be placed along the
wetland interface and graded area to prevent material runoff before grass is established. Total
land disturbance for Lot 1 will be a maximum. 18.333 sf. Total land disturbance for Lot_2_ will
be a maximum of 18_425 s_f_
Total (maximum) land disturbance for this protect (Lots 1 &2) is 36,758 s f (0.84 acre)
X11. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
_On-site LPP waste water systems proposed for both Lots-1_& 2 including-repair areas (Lot J
includes drainf eld repair area and Lot 2 includes apeat -system repair area) ?see attached filt?lat
Page 8 of 9
X111. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes 11 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).
No constraints are currents associated with this protect___________
./ /al3/?v
Applicant/ gent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
I1TCEIVED
USACF Action ID No. DWQ No. 2 0 0 6 1 7 2 2
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
I - Check all of the approval(s) requested for this project: F-wl .? s l.,a
® Section 404 Permit Rt1??
? Section 10 Permit??
® 401 Water Quality Certification N .! V 1 2006
? Riparian or Watershed Buffer Rules
1.7i-wr? VVI'i! ck ,JUr1L.?ll'
WETLANDS AND y ORMWATFR BRANCH
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII -- Mitigation), check here:
I1. Applicant Information
Owner/Applicant Information
Name:__ - er.of Lot 2 ,_ Matt Hall_-_-
?-O--wn- - - -- - (Qwner_of Lot Q -Rick Willis
Mailing Address: P.O. Box 1795 49 215 Brooke Ave.
Kitty- Hawk, NC 2794 _ Norfolk, VA-23510
Telephone Number: see agent info. -- Fax Number:- see a gent info.
E-mail Address:-_ see went info.
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: _.-_ -- - - Do_ ulas A._Dorman.- -
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address:_ P.O. Box 3266
Kitty Hawk, NC 27949
Telephone Number: 252-261-7707, Fax Number: 252-261-2965
F,-mail Address:- dougdorman c@earthIink net_-
Page I of 9
A
111. 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 I I by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: -_ [fall & Willis..- AEC#06-079
2. T.1. P. Project Number or State Project Number (NC DOT Only): - N/A
3. Property Identification Number ('l'ax PIN): [,ot_I --Pi n#064720806088
Lot 2 - Pin0064720806051 _
4. Location
County: Dare Count _ Nearest Town: Salvo
Subdivision name (include phase/lot number): --- Lots--I & 2?Affie's_Oaks Subdivision
Directions to site (include road numbers, landmarks, etc. __ Heading South- on .Hwy 12 south
of Oreg n Inlet ust north -of Hooper Lane and south of Park Road on west side of Hwv l21n
Salvo (previously Beach & Bay Campground).
5. Site coordinates, if available (UTM or Lat/Long):_35o32.23.93 N 7528.27.80 W
(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:
_ ots 1 and 2 are currently _undeveloped, _no structures currently. exist o_n- these lots.
7. Property size (acres): Lot 1 - 0.42 acres Lot 2 - 0.42 acres combined 0._84 acres
8. Nearest body of water (stream/river/sound/ocean/lake): __ Pamlico Sound
9. River Basin:_Pas_ uotank River Basin--(Note -- this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http_//h2o.enr.stale. nc,Us/ad or n/nl,aps/.)
Page 2 of 9
10. Describe the purpose of the proposed work:_-proposed fill is neces_sarv to. construct houses on
both lots I and 2.
11. List the type of equipment to be used to construct the project:. Dum truck and_frontend
loader
12. Describe the land use in the vicinity of this project:__ residentid/commercial
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.
Jurisdiction determination has been made by William Wescottt U_SACE on 9-13-06, however no
Action ID number has been ?Tiven at this time due to-pro ?erty transactions and moratorium with
[UACO,
E signing plats and_1urisdictionaldetermination letters are not issued by the USACOE at
this time.
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:
No future permit requests are anticipated for this project
V1. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
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
Page 3 of 9
11
Wetland
Impact Area Located within Distance to
Site Number type of of 100-year Nearest
(indicate on
Impact*
Impact
Floodplain**
Stream ***
Type of Wetland
map) (acres) (yes/no) (linear feet)
Lot 1 404 wetland fill 0.041 ac
Yes Man made canal
Scrub wetland
165 feet
Lot 2 404 wetland till 0.034 ac.
Yes Man made canal
Scrub wetland
165 feet
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized
clearing, grading, fill, excavation, flooding, ditch ing/drainagc, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Ye?u- floodplains are identified through the Federal Finergency Management Agency's (FFMA) Flood Insurance
Rate Maps (FIRM), or I-TWA-approved local tloodplain maps. Maps are available through the FENM Map Service
Center- at 1-800-358-9616, or online at Intl ww.leua.gov.
*** I,ist 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.-l.ot I - 0.06 ac.
--- Lot 2 - 0.074-ac. (total combined 0.13 ac)
Total area of wetland impact proposed: (lot 110.041 t
_(lot 2 0 034 _ 0_975 acre total
2. Stream Impacts, including all intermittent and perennial streams
titre:
Site
(indic
in Impact
Number
te on map)
Type of Impact* Length of
Impact
(linear feet)
S(rcam Name** Average Width
of Stream
Before Impact Perennial or
Intermittent'?
(plcase
e
if
)
N/A N/A N/A - -
N/A N/A sR
e
y
N/A -
-
-
a
tst eac 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.
Page 4 of 9
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT
(unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are
available through the USGS at 1-800-358-9616, or online at www_usgs,gov. Several internet sites
also allow direct download and printing of USGS maps (e.g., www,toi)ozon_e.com,
www,mapquestcom., etc.).
0I
Sit
(iudii
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
en Water
Impact
Number
ate on ma -
Type of Impact Area of
Impact
(acres)
Name of Waterbody
(if applicable)
- Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
___--
- -
--
N/A N/A N/A N/A -
N/A
------
- -------
* List each impact separately and identify temporary impacts- Impacts include, but are not limited to: till, excavation,
dredging, flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A _
Size of watershed draining to pond:- N/A Expected pond surface area: N/A_
V11. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact wetland_fill)_was limited to a total of 0.075 acre forboth Lots 1 and _2
combined. Wetland fill was minimized when the site _plan_ was_revised to construct a retaini'
wall to Itmit_the-amount of fill in Section 404 wetlands, rather than fillip , with a 3:1 slope.
Page 5 of 9
Wetland impacts are necessary to construct a house on each lot and meet septic setbacks for
wastewater systems on both lots; both Lots Land 2_ace flalots_limiting the location where a
house can be constructed and septic tank/field located.
Filter cloth to be placed between the proposed retainii all and fill, o prevent intrusion into
wetlands not permitted for fill.
V11I. 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
r'or USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http_//h2o_enr.state.nc.us/ncwetlands/strm_, ide. htn_tl.
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.
The proposed mitigation plan for this?roject will be the purchase-_of wetland credits from
NCEEP as compensatory mitigation to offset wetland impacts proposed (0.075 acre of
wetland fill).
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
Page 6 49
I
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at
http;//h2q _enr._st_ate.nc us/wrP/index_htm. If use of the NCWRP is proposed, please check the
appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):. 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
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify _ N/A _ )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
I'agc 7 of 9
utred
Tone* Impact Multiplier Required
(square feet) - Mitigation
1 N/A 3 - -N/A
2 N/A 1.5 N/A
Total _ N/A N/A
* 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.
No buffer mit gation_reduired_for this project since disturbance/fill is not within the buffer.
X1. 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.
Impervious areas de not-currently exist within Lot 1.-or Lot 2. 'total acreage of Lot 1 is 0.42
acre; proposed. built upon impervious area_for Lot 1 is 25%. -Total acreage of Lot 2 is 0.42 acre:
proposed built upon impervious area for Lot 2 is 29%.- Total impervious area built upon area
proposed onLot 1 house, porch & stairs 1,826 s.f. + driveway and parking, 2,900 s.f. _= 4,726
s.f. + Lot 2 - house porch and stairs 1,826_ s. f. + driveway and parking 3 580 = 5,406 s.f.
Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 - 10,132 s.f Total
Roof of pressed-houses have several valleys and gutters, which will allow _several _ areas of
surface runoff preventing, localization of stormwater runoff in iust a few areas. Both lots will be
>raded to slope towards the northern boundaries an d eastern boundaries. Grading towards the
west will beradial slope from the house to the fill area _- retainin.R wall). A
landscaping/retaining-wall -will be constructed alonYthe wetland fill interface and placed with
filter cloth to prevent intrusion of material into wetlands not permitted for-fill. -All-graded areas
around each house will be seeded to filter surface runoff Silt fence will be-placed along the
wetland interface and graded area to prevent material runoff-before. grass is established.. Total
land disturbance-for Lot I- will be a maximum 18,333 s.f-. Total land disturbance for Lot 2 will
be a maximum of 18,425 s .f.
Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s f (0.84 acre)
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.
nn_site LPP waste water systems pro osed_-for both Lots I_ & 2 including repair
areas Lot_ _1
includes drainfield_repair area_and Lot 2 includes_a.peat system repair area), _see attached 1i11 pta?
Page 9 of 9
X111. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A 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).
No constraints _are_ currently_ associated with.this project.
Applicant/ gDate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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USACE Action ID No. DWQ No. 200 6 1 7 2 2 1
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
I . Check all of the approval(s) requested for this project: +tio?? 9r
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification ?'?? 2006
? Riparian or Watershed Buffer Rules
Urrn: ??'h!f_C?t U?)7\LITY
YVEThnNpr, AND sl OR%N,1g1R BRANCH
2. Nationwide, Regional or General Permit Number(s) Requested:-- Nationwide 18,
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
If.
Applicant Information
I. Owner/Applicant Information
Name:-.-- (Owner of Lot 2): Matt Hall _-_ COwner of Lot- Rick Willis __
Mailing Address: P.O. Box 1795 49 215 Brooke Ave.
- Kitty Hawk NC 2795x4 Norfolk VA 23510
-
Telephone Number: _-see went -o. Fax Number: see agent info. E-mail Address:--w
e agent info.
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: Douglas A. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk - NC 27949
Telephone Number: 252-261-7707 Fax Number: __-2-52-261-2965
E-mail Address: -dou&dor--man @earthlink.net___--
Page 1 49
M. 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 'T'opographic 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
USACF requires information to be submitted on sheets no larger than I I by 17-inch format-,
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of' the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name ofproject: -Hall &_Willis AEC#06-079
2. T.LP. Project Number or State Project Number (NCDOT Only):- N/A
3. Property Identification Number ('fax PIN): _Lot I - Pin#064720806088
Lot 2-- Pin#06472080605 I
Location
County: [dare Count - Nearest Town: Salvo
Subdivision name (include phase/lot number):- Lots] & 2, Affie's Oaks Subdivision
Directions to site (include road numbers, landmarks, etc. - I leading south on Flwy_ I2 south
of OregonInllt just northof_HooLane and south of Park, Road on west side of I-Iwv 1.2 i_n
Salvo (previously Beach & Bay Campground).
5. Site coordinates, if available (UTM or Lat/L,ong): 3532.23.93 N-- 75.28.27.80 W
(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:
Lots -I and 2 are currently- undeveloped, no structures currently exist on these lots.
7. Property size (acres):_ Lot l - 0.42 acres- Lot 2 - 0,42 acres- (combined-_ = 0.84 acres -
8. Nearest body of water (streamh-iver/sound/ocean/lake):-_ Pamlico Sound
9. River Basin: Pas uotank River Basin
(Note this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.cnr.state.nc.us/admin/maps/.)
Page 2 oC 9
10. Describe the purpose of the proposed work: proposed fill is necessary-to construct houses on
both lots 1 and 2.
11. List the type of equipment to be used to construct the project:- Dump truck and frontend
loader
12. Describe the land use in the vicinity of this project:- residential/commercial
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 USACF, 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.
Jurisdiction determination has been made _by_William Wescott, USAC_E, o_n_9-13-06 however no
Action ID number has-been Liven at this time due_t_o_pro?erttransact ions and moratorium with
USA( OF}_sjgningplats and jurisdictional determination letters are not Issued-by the USACOE at
this time.
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:
No. future permit requests are_anticioaated for this project
V1. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
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 Vlll below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 ol, 1)
Wetland -- -
Impact Area
Site Number Type of of
(indicate on Inipact* Impact
-- map - -- (acres)
Lot I 404 wetland till 0.041 ac.
Lot 2 404 wetland fill W034 ac.
Located within
100-year
Floodplain**
(yes/no )
Distance to
Nearest
Type of Wetland***
Stream
(linear feet)
Man made canal Semi) wetland
165 fcet
Man made canal -- Scrub wetland
165 tcct -
* List each imp act separately and identity tcmporarv intpact s. Impacts include, but arc not limilud to: mcchani/cd
clearing, grading, till, excavation, flooding, ditching/drainage, etc. For clams, separately list impacts title to both
structure and flooding.
** 100-Year Iloodplains are identified through the Fcdoral kinagency Management Agcncy's (FI?MA) Flood Insurance
Rate Maps (FIRM)_ or FFMA-approved local floodplain maps. Maps are available through the FI?MA Map Service
Center at 1-800-3,58-96 16. or online at h1lp1/\vw\v.fcma,gm.
*** List a wetland type that hest describes wetland to lie impacted (ag., f-eshwatcr/saltwalcr marsh, florested wetland, heaver
pond, Carolina Hay, hog, etc.)
List the total acreage (estimated) of existing wetlands on the property: Lot I - 0.06 ac.
Lot 2 0.074 ac. (total combined 0. 13 ac-)
Folal area ol, wetland impact proposed: _-(lot I10.041 + (lot _2_0 034 = 0.075 acre total
2. Stream Impacts, including all intermittent and perennial streams
stream Impact I.cngth of Aver age Width - Peaennial or
Site Number T_\ lie of, Impact* Impact Stream Name** of Strean) Intermittent?
(Indicate on map) - - (lineal feet) Rel'Orc Impact (please spccif_y)
N/A N/A N/A N/A N/A N/A
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.
Page 4 of 9
** 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 I-800-358-9616, or online at www.us-;s.gov. Several internet sites
also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.niapquctit.-cone, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
3. Open Water- Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the 1). S.
Open Water
Area ol' I'ypc oMa terbo(tv
Impact YPe of, Impact* Impact Name of WaterbodN (lake, Pond, estuary, sound,
Site Number (acres) (il'upplicable) hay, ocean, etc.)
(indicate on 111.11)
N/A N/A N/A N/A N/A
* List each impact scparzucly and identilN tcmPorary impacts. Impacts include, but arc not limited lo: fill, cxcayation,
(Ifcdging, flooding, drainage, bulkheads, clc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: -N/A_
V11. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed-impact (wetland. fill) was limited to a total of 0.075 acre for both Lots I and 2
combined. Wetland fill was minimized when the. site-_plan was revised to construct. a retaining
wall to limit the amount of fill in Section 404 wetlands rather than filling, with a 3:1 slope.
Page 5 of 9
Wetland impacts are_necessary _to constructa_house on each lot and meet septic setb-acks for
wastewate_r_systems on both lots1_both Lots -I and 2 are_flag_lots limiting the location where a
house can-be con-structed_and septic-tank/field located...
Filter cloth to be placed between the_proposed _retain ing wall and fill to prevent intrusion into
wetlands not permitted for fill.
V111. 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.
USAGE - 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. F,xamples 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 USACF 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
littp_//li2o.enr.state.nc.u-s/ncwetl_ands/strmgide.litml.
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.
The proposed_miti ation plan for thiss.Pro ect will be thepurchase -of wetland credits from
NCEEP as compensatory mitigation to offset wetland impacts proposed (0.075 acre of
wetland fill).
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401 /Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at
http://h29-.enr.state. c.us/wrp/index.htm. (fuse 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-
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of'public funds or the use of public (tederal/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/SE,PA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
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 I SA NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify- _N/A_ - )?
Yes ? No ? Ifyou answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of' the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Page 7 49
Zone*
2
Total
Impact Required
Multiplier
(square feet) Mitigation
N/A 3 - N/A -
N/A 1.5 N/A
N/A - N/A
Zone i cxtcnds out 30 feet perpendicular from near bank of channel; Zone 2 cxtcnds an
additional 20 feet from dic edge of Zone 1.
X1.
Xll.
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.
No buffer mitigation required for this protect since disturbance/fill is not within the buffer.
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.
im ervious- areas -do_ not currents exist within Lot I or Lot_ 2,-_ Total acreage of Lot 1 is 0.42
acre;-proposed built upon impervious area for_L,otI_rs 25%. Total _acreage-of Lot 2 is 0.42 acre:
prop osed built upon impervious area for Lot 2 rs_ 2.9%_-Total imt)ervious_ area built uon area)
proposed on Lot _ 1---house, porch.-& _stairs 1,826 s.f. + driveway and_a_kir>4; 2.900 s .f 4,726
s.f + Lot 2 - house, porch and stairs 1,826 s,f t driveway. and narking 3,580= 5 406 s f
Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 = 10132 s.f Total
Roof of RWosed houses have several valleys and. utters which _will allow . several areas of
surface runoff preventing localization of stormwater runoff in just a few areas.. Both lots will be
graded to slope towards the northern _boundaries _and eastern boundaries. Grading, towards the
west will be_?,Yradual -slope from the house to the ti_il -area retainini,, wall)_._ A_
landscaping/retaning wall willbe_constructed along the wetland till interface and placed with
filter cloth to prevent intrusion of material-into wetlands not permitted for fill. All graded areas
around each _house _ will be seeded to filter surface runoff' Silt fence will. be placed along the
wetland interface and- t4raded area to Drevent_material_runoff belore_grass_is established. Total
land disturbance for Lot 1 will be a_maximum 18,333 s.fTotal land disturbance for Lot 2 will
be a maximum of 18,425 s.f.
Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s f (0.84 acre)
Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On-site LPP_ waste water systems proposed for both Lots 1 & 2 including repair areas (Lot. 1
includes drainfreld-repair area and Lot_ 2 includes a_peat system -repair area) sec attach-e-d_fill _plat)
Page 8 of 9
X111. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A 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).
No constraints are currently associated with this project.
A5 l3 141'r
App gent's Signature Date.
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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20061722
Oct 30 06 03:13p Outer Banks Con5tructian 125^1255-0404 p.1
AUTHORIZATION STATEMENT
Owner
Authorize ATLANTIC
ENVIRONMENTAL CONSULTANTS
to act as agent for applications and permits.
Date '
Owner
Signature .
Dot 3C 06 03:13P Outer Banks Construct i carp I-
AUTHORIZATION -
AUTHORIZATION STATEMENT
r._ Owner,
Authorize ATLANTIC
ENVIRONMENTAL CONSULTANTS
to act as agent for applications and permits.
Date ?c'l oleo,
Owner
Signature
2 rj O
DWQ# d (o. _-? 1 Date 117 Who Reviowod: i???'?
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
?. Please show all wetland impacts including fill slopes on the site plan. f
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as everfays on the site plan.
? Please locate *all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned-sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by QC
? Please provide detail for the stormwater management practices as required by OC
? Please specify the perceat of project imperviousness area based on the estimated built-out conditions:
? Please indicate all stormwaterr p4tfalle on the site Phu;.
? Please indicate the ditlbse flow provision measures on the site plan.
? Please indicate whoth4w or not the proposed impacts already boars conducted.
Avoidance.and/or Minimization Not Provided
? • The labeled as on the plans does not appear to be necessary. Please eliminate the.:.__ or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved, or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
?, This'Ofi3ce believes that the -labeled on the plans as can be moved or reconfigured to.mininmize the impacts tp'the
Plane revise the plane to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffose flow through the buffer because
Please revise the plans and provide calculations to 'ahow that dif ve flow will be achieved through the endrebuffer. If it
is not possible to achieve•dif zee flow through. the entire buffer then it may be necessary to provide stomYnwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other i.
? . The application fee was insuf6ciont-because oyar 150 feet of stream and/or.over I acre otwedand'impacts were requested. Please
provide S 'Ibis additional fee must be reoeive4 before your application can be reviewed.
? Please complete Section(s) on the application. -
? Please provide a signed copy of the application.'
? Please provide oopips of the application, . copies of-the site plans and other supporting information:
? Please submit electronic CAD files showing ; via einail to ian.mcmillan@ncradil.not and CD.,
Mitigation
? of compensatory-mitigation is required for this project Please provid'e's compensatory mitigation plan.. The
plan must conform to the-requirements in 15 A NCAC 2H'.0.500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
DWG{ 1 Date -•° (D Who Reviewed.,
Plan DetallYncomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
?. Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned-sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by OC
? Please provide detail for the stormwater management practices as required by QC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions:
? Please indicate all stormwato p74tfalls on the alto ptaq.
? Please indicate the diflbae flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance•and/or Minimization Not Provided
? • The labeled as on the plans does not appear to be necessary. Please eliminate the . or provide additional
information as to why it is necessary for this project.
???on•e9 F. Hol.fe0(1.64, Jk0r Opi500({}ou.<_ 0,-NLV4
Th#s ce believes that the labeled on the plans as can be moved. or reconflgured to avoid the impacts to the
• T 1 lPlease revise the plans to avoid thq impacts. ? " j
?. This'Offico believes that the -labeled on the plans as can be moved or roconflgured to minimize the impacts to -the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diflhse flow through the buffer because
Please revise the plans and provide calculations to show that diMae flow will be achieved through the entirebuffer. If it
is not possible to achieve.di8bse flow through the entire buffer then'it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
?•. The application foe was insuffloiontbecauso over 150 feet of stream and/or.over 1 acre of wedand'impacts were requested. Please
provide $ This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application. ^
? Please provide a signed copy of the application.
? Pleaseprovide copies of the application, . copies of the site pleas and other supporting information;
? Please submit electronic CAD files showing , via email to ian.momillan@ncmdil.net and CD.,
mitigation
? of compensatory mitigation is required for this project. - Please provide a compensatory mitigation plan.. The
plan must conform to the-requirements in 15 A NCAC 2H'.0.500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
0 Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
0 Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Mr. Rick Willis (owner of Lot 1)
215 Brooke Avenue
Norfolk VA 23510
DWQ#f 06-1722-Dare
A. Signature
X
B. Received by (Printed Name)
? Agent
? Addressee
0. Date of Deliver.
D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail ? Express Mail
Registered Return Receipt for Merchandiai
? Insured Mall C.O.D.
4. Restricted Delivery? Pit Fee) ? Yes
!. Article Number 7006 0810 3674
(Transfer from serylce /abeQ 0 0 0 5 9468 ?_
)G Fnrm 3811 Fahrjma 9nnd n--tlc R.fi- P-inf ?mce?no_u_?cn
UNITED STATES POSTAL SERVICE
i
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DLNR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
¦ Oc5molet6 Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailplece,
or on the front If space permits.
1. Article Addressed to:
Rick Willis {owner of lot 1 }
Brooke Avenue
-folk VA 23510
VQ#06-1722-Dare
A. Signature
X
B. Received by (Printed Name)
? Agent
C. Date of Deliver
D. Is delivery address different from Rem 1? ? Yes
If YES, enter delivery address below: ? No
3. Service type
X'CertMied Mall ? ress Mall
? Registered Retum Receipt for Merchandise
? Insured Mall ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article ur
(1Yansfernsfer from 7006 0100 0003 7223 7327
sen
?S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154
UNITED STATES POSTAL SERVICE
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10