HomeMy WebLinkAbout20051208 Ver 1_Complete File_20050701O?O?WAT?RpG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 29, 2005
EarthShakers, LLC
c/o Phillip Harrington
P.O. Box 2232
Elizabeth City, NC 27906
Subject Property: AEC #05-033
McKimmey Road
Courthouse Township, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Harrington:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1208
Camden County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.12 acres of wetlands for the purpose of preparing the site for driveway
access for four lots at the subject property, as described within your application dated June 27, 2005, and
received by the N.C. Division of Water Quality (DWQ) on July 1, 2005. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 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
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 0.12 (acres) PCN
401 Oversight/Express Review Permits 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 htta://h2o.enr.state.no.us/ncwetlands
Northcarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Earthshakers, LLC
Page 2 of 3
July 29, 2005
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 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
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Earthshakers, LLC
Page 3 of 3
July 29, 2005
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 Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
AWK/ijnl
Enclosures: GC 3404
Certificate of Completion
Sincerely,
4;??U
Ir Al PWKIimek, P.E.
cc: Ms. Roxanne D. Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266,
Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 051208earthshakcrsAEC05-033 (Camden)401
FR2i`1 :ATLANTIC ENVIRONNENTAL CONSULT FAX ND. :2522612965 Aug. 01 2005 09:12AM P3
1
r,
Fax Gayer Sheet
Atlantic Enydronmental Consulfan#s, LLC' r`
P.O:'Box,3266
Kitty Hawlr INC 27949
(252)261-7707
fax (252) 261-2965
r
Send to: Division of Wafer QuaW From: Roxanne Dorman
Attention: JOHN DORNEY Date: 8-1-05
RE: DWQ Project #05-9208 --
EarthShakers, LLC - Camden County Office Location: Kitty Hawk
Fax Number. 919.733-6893 Phone Number- 252-261-7707
Dear Ms. Dorian;
The Ecosystem Enhancement Progratn (EEP) will accept the donation of a conservation casement on thl Phillip
Harrington property that is being required by the Corps of Engineers and DWQ as a4figation for impacts to
wetlands on the property. EEP. requires a one-time fee based upon the rate of $374 pcr acre to hold such
easements. This fee is deposited in an interest-bearing Auld to cover monitoring and enforcement costs for the
easement areas in perpetuity.
When you are ready to plaW the casement on the property, please forward the following to my attention:
1. One copy of the 4011404 pe nrit or U.S. Army Corps of Engineers (USACE) vznficat o-n of acceptance of
donation in lieu of mitigation;
2. An electronic copy of one completed draft of tho EEP conservation easetncnt farm;
3. A survey of the parent tract on an 81/2 by 11 sheet and in Autocad format with the potential easement area
dcfrncd and the easement area acreage noted;
d. One copy of the original title opinion (title insurance will not be accepted in lieu of the title opinion); and
5. Ono copy of the original deed for tha parcel of property to bo donated for conservation casement and, if
applicablct a copy of the restrictive covenants.
Please direct technical questions about real estate matters to Ivls. Marion Patrick, of the State Property Office,
919.807-4665.
Thu Stato Property Office (SPO) will review all materials: Upon SPO acceptance of the draft easement and
supporting documents, the conservation easement must be filed by the applicant in the nppmpriato county, and
the original copy sent to the SPO at the address in the upper left cormcr of the conservation easement agrccmcnt.
1??V/ ' •• ?/??`h YY??1,,Y?/YI ?ar iMi?M.'f?N l?m North Carofii3Ecufilem ^.1ntErsiint Promcnum, IbSZ 14:ilSerr:ctUnter, b!60 HC 21699.16S2
! ?I?-135 34i5?/arw,`.?r,.?:E:f.l^zt
AUG-1-c005 H01A 07:36 TEL:9197336393 NAME:DWQ-WETLANDS P. 2
P ??F W ATFRP Michael F. Easley, Governor
\Q ?i William G. Ross Jr., Secretary
fn ? North Carolina Department of Environment and Natural Resources
.? Alan W. Klimek, P.E. Director
Division of Water Quality
July 19, 2005
DWQ Project # 05-1208
Camden County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
EarthShakers, LLC
c/o Phillip Harrington
P.O. Box 2232
Elizabeth City, NC 27906
Subject Property: AEC #05-033
McKimmey Road
Courthouse Township, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Harrington:
On July 12, 2005, the Division of Water Quality (DWQ) received your application dated June
27, 2005, to impact 0.12 acres of wetlands to prepare the site for driveway access for four lots.
The DWQ has determined that your application was 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 provide an acceptance letter from NCEEP indicating acceptance of
mitigation.
2. Please provide a legal document noting the conservation easement has been recorded
with the Register of Deeds.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Tom Steffens 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 Permits 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
Note hCarolina
Naturallil
An Equal Opportunity/Affirmative Action Employer- 5C,o Recycle dill 00% Post Consumer Paper
14
AEC 05-033
Page 2 of 2
July 19, 2005:
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. John Dorney
at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss
this matter.
Sincerely,
ta aro ily, upervisor
eOl ersight/Express R view Permits Unit
CBKlijm
cc: Ms. Roxanne D. Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266,
Kitty Hawk, NC 27949
Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Filename: 051208EarthShakersAEC05-033(Camden)OnHold
Earth shakers AEC 05-033 DWQ # 20051208
Subject: Earth Shakers AEC 05-033 DWQ # 20051208
From: Laurie Dennison <laurie.j.dennison@ncmail.net>
Date: Tue, 26 Jul 2005 13:02:59 -0400
To: roxdorman@aol.com
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. A hard copy letter 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.
-
051208EarthShakersAEC05-033(Camden)OnHold.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 7/27/2005 6:35 AM
USACE Action ID No. DNVQ 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
BLS
1. Check all of the approval(s) requested for this project: JUL ! - 2005
® Section 404 Permit
?
Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Earth Shakers LLC
Mailing Address: c/o Phillip Harrington
P.O. Box 2232
Elizabeth City NC 27906
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see a,-Tent 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: Roxanne D. 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
E-mail Address: RoxDorman Qaol com
Page I of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 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 of project: Earth Shakers AEC905-033
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): #02-894400757172 (parcel 7172, blk. 75)
4. Location
County: Camden County Nearest Town: Camden
Subdivision name (include phase/lot number):No subdivision name (fill proposed on Tract 5)
Directions to site (include road numbers, landmarks, etc. Heading north on Highway
take a right on Hwy 343, take a 1?-Q on SRI 121 take the next left on SRI 133 (McKimmey
Road)
5. Site coordinates, if available (UTM or Lat/Long): 35-18'46.34'N 76.06'53.87'AV
(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:
Tract is a mature forest, undeveloped at this time.
7. Property size (acres): 47.42 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Mill Creek
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 )
Page 2 of 8
10. Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for driveway access for four lots .
11. List the type of equipment to be used to construct the project: Dump truck, frontend
Loader with box blade and dnim cutter.
12. Describe the land use in the vicinity of this project: undeveloped/residential/farmland
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 Tracy Wheeler USACE (6-22-05), however, not
Action ID number is available at this time No prior permits obtained for this tract.
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
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation 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 3
wetland Impact
Site Number
(indicate on map(
Type of Impact* Area of
Impact
(acres) Located iNithin
I00-N ear Floodplain"""
(Nes/no) Distance to
Nearest Stream
(linear feet)
TN pe of Wet la nd
1 Wetland fill 0. 12 ac ties 4,000 1'ed from
dill creek Forested wetland
* List each impact separately and identify tennporarv imlvds. hupocts include. but are not limited to: nnechanized cleanng. _rutk-'. till.
excavation, flooding. ditclunJdrauunge, etc. For dains. separately list impacts due to both stricture and flooding.
** to()-Year Ilo(xlplains are identified through the Federal Enncrgency Ivlangennent Aienc\'s (1,1`1 A) Flood Insurance Rate Mops
(I'MI). orFENIA-approNcd local tloodplain maps. Alaps are available tluou_h theFED2A Mop Service Center A 1-1,'W-358-9616. or
online at
*** List a vNetland type that best describes aetlmud to he impacted (e.g.. fies1mater/salhuter marsh. forested v\etland. bearer pond.
Carolina Bay. bo¢. etc.)
List the total acreage (estimated) of existing wetlands on the property: 7.5 acres
Total area of wetland impact proposed: 0.12 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on 111, 11))
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Av era-e Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
N/A N/A N/A N/A N/A N/A
List each impact separately and identifc temporal-'. impacts. hupacts include. but are not limited to: culverts and associated rip-rap.
darns (separately list impacts due to both stricture and flooding). relocation (include linear feet before mud atler. and net loss/lMinl_
stabilization activities (cennelnt call. rip-rap. crib Nall. gabions. etc.). excavation. ditclninJstraiglitenung. etc. If stream relocation is
proposed. plains and profiles sho\cing the linear tiwtprint for both the ori6nal curd relocated streams aria be ulcluded.
Stream names can be finund on US(- is topographic maps. Ifa stream has no panne. list as ITT (mmauned tributitry) to the nearest
domistreanr named streatnr into \\11ich it fioa:s. ITSGS amps are acmilahle tluough the UsGS at 1-500-35ti 9616. or online at
Several intemet sites also allov\- direct dOM11 and and printing of US(iS maps (e. _..
_ etc. ).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 8
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on snap)
Type of Impact* Area of
Impact
(acres)
Name of Waterboti
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bav, 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, drlgmg,
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
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The nronosed impact was limited to a total of 0.12 acre. Wetland fill is necessary to connect highr;round with
highground. Due to the tract being intersected by wetlands and the majority of highground located in the back
portion of this tract wetland fill is necessary to prepare the site for driveway access to four residential lots. The site
plan was designed to minimize the amount of wetland impacts-, accessing from the north would entail more wetland
impacts if road location nins through tracts 1 & 2. The width of the road bed was limited to 20 feet, to allow safe
passage of vehicles with 7.5 feet on each side of the road bed (width of fill area 35 feet). Silt fence will be placed at
the base of the fill slope to prevent intntsion of fill material into wetlands not permitted for fill.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8
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
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.
Miti ?atr ion proposed for this project is an on site conservation easement (1.20 ac.) to be recorded as
"preservation" by the landowners title attorney. The permittee will be prohibited from performing any of the
following activities within the recorded conservation easement: Filling grading: excavating, earth movement
of any kind, construction of roads buildings signs or any other structure, any activity that may alter the
drainage patterns on the property or any other activity NvI ich Nvould result in the %vetlands being adversely
impacted or destroyed A copy of this application package will be submitted to NCEEP for their review for
acceptance.
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 . 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
Page 6 of 8
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian «etland mitigation requested (acres):
Amount of Coastal %Nctland 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 NEPtUSEPA 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 Nvith 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, whetlter 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 213 .0233 (Neuse), 15A NCAC 213
.0259 (Tar-Pamlico), 15A NCAC 213 .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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* "Lone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends
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 project since disturbance/fill is not within the buffer.
Page 7 of 8
YI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious surfaces do not exist at this time. Initial impervious surfaces will be limited
to the construction of the access road (driveway) Future impervious surfaces will be determined
by the individual residential landowner.
YII. 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.
This project does not directly involve wastewater. Once lots are sold on site septic will be
utilized by individual lot owners Platted lot sizes for each tract will provide adequate amount of
area for house site and septic area without the request for fill.
VIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
YIV. 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 sclicdules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatencd Species, accessibility problems, or
other issues outside of the applicant's control).
No constraints are currcntly associated with this project
i L-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pagc 8 of 8
JUN-27-2005(MON) 14:57 Bear Garden (FAX)252 338 7656 P.002
Rx :Date/Time JUN-27-2005(MON) 14.37 2522612965 P.001
FROM.:ATLRNTIC ENVIRONMENTAL CONSULT FAX NO. :2522612965 Jun. 27 2005 03:49PM P1
Phillip Harrington
C!o Earth Shakers, LLC
-P.O. Box 2232
Elizabeth City, NC 27506
.i; Phillip Harrington authorize Atlantic Environmental Consultants, LLC (AEC)
to apply for environmental permits on Earth Shakers, LLC's behalf, for
property located in Camden, Camden County, North Carolina-
AUTHORIZATION DATE
Jul 1 - .2005
SI
A
ur
YfCPwkw
wm
ALL CDAR! "m NEV vat REK IIT
LK= CCQVS( N7TM
0
•
11a a sway
104 SAWYER
CA UX PAR 1m
LOT 3LRnvMwn
aC3aa MA
Aa a away
SAWYER HEIRS
LAT A L R LAW= HDO
PL; SAC MA
LEGEND
404 FUG
00 POINT NOT IAONUUENTED
SIR 0 SET 1/2' REBAR
0 E)4STING IRON PIPE
y1Jc WETLAND
BOUNDARY LINE
RIGHT OF WAY UNE 6 d q?
- PROPERTY EXTENSION ?
ti to A rl to WOODS LINE
EXISTING DITCH UNE I
- - - 404 UNE
d
J
I
2
I
Ma a away
VALUE DOZIER
LL 04 PAM =
r WETLVD .
JUL 1 _ 2005
DEAR-V??;fFF.CU1,Ll1 '
1':TU ;U 1tiy? SfuG,.:"ATE R i ;
I?
?I
I
I I
NATIONWIDE X14 PERMIT
EARTHSHAKERS
COURTHOUSE TOWNSHIP - CAMDEN COUNTY - NORTH CAROLINA
100' 0' 200' 400' 600'
ATLANT/C ENS/RONMENTAL CONSULTANTS LLC
GRAPHIC SCALE 1"= 200' P.O. 9OX 3166, KITTYfl,4WK N.C. 27949
(252)261-7707, e mail roxdormm®ao1, corn
DATE: 6/27/05 REVISED: FILE: 05-033 DRAWN BY: DAD
(TIE)
I
1 J r
r
r r
AL WMAND I
AL r
^ r
'..CH
D I
? L"L - LEGEND
• '?` \ PROPOSED FILL AREA (5,337 SF)
\. ` O PROPOSED MITIGATION AREA (53,370 SF) SEE SHEET 3
s!k
VICINf1YMAP \ - \
? : ? - ? iVc -•-•- 404 LINE
L WETLAND -- BOUNDARY LINE
/ ,? - - - _ RIGHT OF WAY LINE
OO POINT NOT MONUMENTED
A!L ? iL SIRO SET 1/2' REBAR ? ? sJc
0 EXISTING IRON PIPE
_ UPLAND WETLAND
PROPOSED FILL
AREA (4,284 SF)
/ .
\ \ Rp\pSFO 74 J7,43, W_
?RpgD ?• 4Q6
/
91
.
201..-.....
50' ACCESS EASEMENT 1C[
UPLAND
N7. \ 1L
\ \ .
7.5 4 \856 96 \
20' 7.5'1!Ir \
SLOPE 1/4' PER V-0' FROM CENTER TO EITHER SIDE ti!
c tr t,.:-,..
I-I+ h~i!i- I1 PROPOSED FILL
cR R4AnwAY ?- (?,?I I I- l I !`I J"I ?! 1
-+? I i+ I I+-+ +--+ 11? i P f I I-I h; iAC1DSUBCRADE i ICI i ?i I AREA (1,053 SF) ?.
?71 j==1
TYPICAL ROADWAY SECTION
NTS
NATIONWIDE #14 PERMIT
EARTHSHAKERS, LLC
SHEET 2 COURTHOUSE TOWNSHIP - CAMDEN COUNTY - NORTH CAROLINA
25' 0' 50' 100' 150'
ATLANT/C ENl1/RONMENTAL CONSULTANTS, LLC
GRAPHIC SCALE 1"= 50' P. O. BOX , 266, AIRY H,4WK, N.C. 27949
(252)261-7707, e -mall roxdorman®aol com
DATE: 6/27/05 REVISED: FILE: 05-033 DRAWN BY: DAD
VICINITY MAP
TRACT 2
?v 5?.63?6'f
.? p? ?L y
h? a ry s`? Or, SA
s
PROPOSED WETLAND MITIGATION sVc
AREA (53,370 SF)
WETLAND 000 bs, . 55"1 5` 00
N24 Sp?34' ? ?? •,i,,
/ S24'49'0,
15.80
'obo s - ??605.25 E `' sp
JA761?27'E ?'• s?ssF
w 5
-146'w
UPLAND
tis ??
LEGEND
PROPOSED FILL AREA (5,337 SF)
PROPOSED MITIGATION AREA (53,370 SF) SEE SHEET 3
- - - 404 LINE
BOUNDARY LINE
RIGHT OF WAY LINE
OO POINT NOT MONUMENTED
SIRO SET 1/2' REBAR
0 EXISTING IRON PIPE
jljL WETLAND
SHEET 3
25' 0'
yL
s(!1.
Nssse, , ,
8g7j 6•k
UPLAND
TRACT 1
8°e 1?
\
WETLAND
\ N 6629'23' W
\ 511.48'
? A
1 1 1
'L
NATIONWIDE X14 PERMIT
EARTHSHAKERS, LLC
COURTHOUSE TOWNSHIP - CAMDEN COUNTY - NORTH CAROLINA
50 oo 150'
ATLANT/C ENl/IRONMENTAL CONSULTANTS, LLC
GRAPHIC SCALE 1"=50' P. O. 9OX ,3266, KITTY HAWK, N.C. 27949
(252)261-7707, email roxdormanOaol, com
DATE: 6/27/05 REVISED: FILE: 05-033 DRAWN BY: DAD
-0 ?y
3V is' q(,34'1?4
V off, 53.8,1„ W 4 r '4
v? ;ate
_.--~t___---__\ _
1 7,
AID lASI f . ^? ? 1 ? _
? s.
i
r M.,
w n rr. I n_ .. 1 .- , \,r . ?,., Copyright (C) 1998. Maptech. Inc.
North Carolina Ecosystem Enhancement Program (EEP) 2 0 0 5 1 2 0 8
Site Proposal Form
Please complete this form as completely as possible and return it to: Forms may also be faxed to:
The North Carolina Ecosystem Enhancement Program Fax (919) 715-2219
1652 Mail Service Center
Raleigh, NC 27699-1652 Questions? Call: (919) 715-0476
1. General Information
1. Date b - -2 1- 0 2. Landowner name ' ' ' ,, W 4arrin,:.?6n,
3. Address L.U C ( I ~?' `tiU06-h 4. 'telephone number
5. Contact Person Name (if other than landowner) RA). annc. Opt-*%an ' C ";L-(Hov
6. Contact Person Organization AA&AL Ew. CaY\s,,t 6- uL7. Contact Person Telephone Number ( Z5 Z) Livl -x-10-1
8. How did you find out about the Ecosystem Enhancement Program? C DY\ 4414-r- 24 t - 29 toy
II. Site Location
1. County property is located in: ???^? d E r? Cco`n
2. Please list nearby towns and major roads and provide directions to the site. N CA U i`'`''?? ?? 6r.
- -t, jy ?, I e - t_l 11P_ :? 1.c, s: x 1 Q ;m C-. 1(?, "'a (VL t iL: rv\ r v%2.e•I
5 c fl %.e ++ t LJcoe l c A o_ r-cv- i, c x 1 c, VO, Uo-r ,'1 i CAi'. t1 F
III. Site Characteristics
1. What is the size of the property (acreage)? cure 5
2. What is the current land use of the property and surrounding area? fvYC.-k r-c- fCr&sA_ rj ?b aC_ r, 1- fl,?i-,-c, I c.r c
3. What was the historic land use of the property and surrounding area? +fi-xc rn I ay-
4. Please attach a drawing of the site to this form showing property boundaries, roads, streams, ditches, fences, buildings,
power lines and other structures.
IV. Vegetation Type
Please check all that apply: Pasture Row Crop Forested. Z'Cleared- _ Other
V. Wetland hydrology/Water Table Please check one: Never flooded Temporarily flooded (floods after heavy
rain) Seasonally flooded (flooded during Winter)_ l Permanently flooded. -
Please describe all hydrological alterations (such as ditches, fill, bridges, culverts, etc.):
t 1 o c ?tlvti_r
CA " V<_V) e ? L: JP t ,- T
VI. Stream Conditions (if applicable)
1. Approximate length of stream (counted as linear feet down center-line of channel)
2. Do you own both sides of the stream? es. No_ -combination
3. Please indicate the condition of the stream's vegetated buffer and channel (please check all that apply): Streambanks
have trees/shrubs Streambanks have grass/hay. . Streambanks have bare soil- Steep banks (exposed
soil) to streambed Extremely sharp bends in stream Stream is channelized
VII. Type of transactions of interest to landowner
Please check all transactions the landowner may be interested in:
Sale of Property (Fee simple)- Donation of Property for Tax Credits ?
Sale of a Conservation Easement (retain ownership, NCWRP or other agency holds easement,
Donation of Conservation Easement for Tax Credit,, Other
The EEP will evaluate the information provided on this form and determine if the property meets the EEP site
criteria. Properties that meet EEP criteria are potential project sites that will require a field assessment before a
funding determination can be made. By completing, signing and returning this form, I give EEP permission to
perform a site feasibility assessment of th ,roperty, location described above, at a date and time to be agreed upon by
EEP and the landowner. C ,
(Signature of landowner)
e* „ .4r
Who Reviewed: f> 4 G?
.-? 1 -7 /109 Zn Date
DWQ#
Plan Detail Incomplete ?V
? Please provide a location map for the project. /J
? 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. A
?.
?
? Please indicate the location of the protected buffers as overlays on the site p an.(?
„
? Please locate all isolated or non-isolated wetlands, streams and a ater f the State verlays 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 GC
? Please provide detail for the stormwater management practices as required by GC W
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
El The labeled as on the plans does not appear to be necessary. Please eliminate the or provide add,itiolW
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
a Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured 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 diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse 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 fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland 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.
? Please provide copies of the application, copies of the site plans and other supporting information.
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.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.