HomeMy WebLinkAbout20070237 Ver 1_Application_20070212i
Form: Version March 0
USACE Action ID No. DWQ No. ~ 7 - Q~ .7j~ V
(If any particolaz item is not applicable to this project, please enter "Not Applicable" or "N/A" )
I. Processing
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 l4
3. If this notification is solely a courtesy copy because written approval for the 40l 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: ^
II. Applicant Information
Owner/Applicant Information ,.
Name: Steve Peppier -Bay Island Residential LLC
Mailing Address: 113 South Colonial Road
_ Virginia Beach, VA 23451
Telephone Number: see consultant info. Fax Number: see consultant info.
E-mail Address: see consultant 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
Kitty Hawk, NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: roxdorman(a,aol.com
Page 1 of 9
v
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 passible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size 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: The Reserve AEC#07-003
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Pin# 892304531 Ol 6
4. Location
County: Pasquotank County Nearest Town: Elizabeth City
Subdivision name (include phasellot number): The Reserve at Hemp's Ridge
Directions to site (include road numbers, landmarks, etc.
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): 36°16'47.89" °N 76°12'8.24" °w
6. Property size (acres): 47.13 acres
7. Name of nearest receiving body of water: Forbes Bay/Pasquotank River
8. 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.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: The subiect tract is currently undeveloped, no structures
currently exist on this tract. All surrounding_parcels are developed single-family residential.
10. Describe the overall project in detail, including the type of equipment to be used:_ project
area and disturbed area will be graded and seeded to filter stormwater runoff and prevent intrusion of
disturbed material into the stream.
Page 2 of 9
11. Explain the purpose of the proposed work: Proposed work is necessary to cross a
jurisdictional stream to access hi~h~round for future development subdivision
road)
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.
A Jurisdiction determination was made by USACE, Josh Pelliter on 7/25/06. Mr. Pelliter
determined there were no wetlands within the subject parcel, but claimed jurisdiction on Waters
of the US on stream to be crossed. No Action ID available.
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:
Future permits include Express Permit for Stormwater and Sedimentation Erosion Control.
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. 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 temporary, must be listed, and
must be labeled and cleazly identifiable on an accompanying site plan. All wetlands and waters, and all
streams (intermittent and perennial) should 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.
Provide a written description of the proposed impacts: Placement of corregated metal
pipes (3 pipes) into streambed to construct a road to cross the stream. Silt fence will be
placed at the disturbance interface to prevent loose material into the stream to eliminate any
impacts.
2. Individually list wetland impacts. Types of 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.
Page 3 of 9
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Wetland Impact
Site Number
indicate on ma
~ p)
Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bo etc.
g' } Located within
100-year
Floodplain
(yes/no)
Distance to
Nearest Stream
(linear feet) Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres} = 0 acre
3. List the total acreage (estimated) of all existing wetlands on the property: o acre
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
Perennial or Average of Impact Area of
Site Number Stream Name Type of Impact
intermittent? Stream Width Length Impact
(indicate on map) Before Im act (linear feet) (acres)
1 No Name Placement of culvert Perennial 16 feet 80' 0.03 ac.
2
No Name
Placement of culvert
Perennial 18 feet
(irregular)
122'
o.l 1 ac.
Total Stream Impact (by length and acreage} = 2021inear feet and 0.14 acres
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
Site Number
(indicate on map}
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres)
6. List the cumulative impact to ail Waters of the U.S. resulting from the project:
Stream Im act (acres): 0.14
Wetland Impact (acres): N/A
Open Water Im act (acres): N/A
Tota} Impact to Waters of the U.S. (acres) crossing only 202'
Total Stream Impact (linear feet): 202'
Page 4 of 9
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7. 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 USACE.
N/A
8. 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
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 proposed impact (placement of 3 culverts) was limited to a total of 0.14 acres. Wetland fill
is not proposed for this project. Proposed placement of culverts will allow the developer to
access adjacent highground for future development (subdivision road}. Silt fence to be placed
between disturbed area and stream to prevent intrusion into the stream.
VIII. Mitigation
DWQ - In accordance with 1 SA 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
Page 5 of 9
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.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 mitigation plan for this project will be the purchase of wetland credits from
NCEEP as compensatory mitigation to offset stream impacts proposed. An acceptance letter
from NCEEP will be forwarded to US Army Corp of Engineers and NC Division of Water
Quality once the acceptance letter has been received b
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). 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 NCEEP, check the NCEEP
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 feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres}: N/A
IX. Environmental Documentation (DWQ Only)
I . Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
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
Page 6 of 9
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 VII above. Ali 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse}, 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.
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
* 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.
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 ZB .0242 or .0244, or .0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XI. 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. _Impervious areas do not currently exist within the
subject site- site is currently undeveloped Proposed built upon (impervious) areas for this site are as
Page 7 of 9
follows: Impervious Areas proposed for allowable lot coverage and road construction = 21.61 acres
impervious area proposed Proposed Disturbance includes grading for road and lots = 40.78 acres.
Total acreage of tract is 47.13 acres; proposed built upon impervious area for tract is 45.85%.
Several stormwater detention ponds will be constructed to handle stormwater runoff. Grading will be
gradual slope from the proposed culvert areas Graded areas will be seeded immediatelXto filter surface
runoff. Silt fence will be placed along the stream interface and graded area to prevent material runoff
before grass is established. Total land disturbance for this project will be a mazimum of 40.78 acres.
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.
No wastewater system proposed for this project.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Isthis anafter-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 this project.
'Agent's Signature
0
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 9
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NATIONWIDE #14
THE RESERVE AT HERONS RIDGE
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NATIONWIDE #14 FILL PERMIT
THE RESERVE AT HERON'S RIDGE
DETAILS FOR ROAD CROSSING AREAS
ELIZABETH CITY - PASQUOTANK COUNTY -NORTH CAROLINA
GRAPHIC SCALE 1 "= N AT~NT/C ENV/RONMENT,4L CONSULT,4NTS, LLC
TS P.O. BOX 3266, K/T1Y HAll~i~ N. C. 27949
~252~26>-7707, a moi/ ~oxdo~non®oo%coin
DATE: 2/9/07 REVISED: FILE: 07-003 DRAWN BY: DOUG D.