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HomeMy WebLinkAbout19990371 Ver 1_COMPLETE FILE_19990416a? a z w z O O m 0 z m a a r v a 0 N M O z r y i_ N C 8 N O C C 1 W 1 1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Kerr T. Stevens, Director L1 1 '7?10 • WAA 21 James B. Hunt, Jr., Governor Wayne McDevitt, Secretary ASOM" NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 23, 19992 Dare County DWQ Project # 990371 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Fran Joliff P.O. Box 462 Manteo N.C. 27954 Dear Ms. Joliff: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres of wetlands or waters for the purpose of constructing a home at your on Ivy Lane, as you described in your application dated-5 April, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 John Dorney at 919-733-1786. Sinc ly, sevens Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office John Domey Central Files George Wood; Environmental Professionals 990371.Itr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50%a recycled/10% post consumer paper DEM ID: `V) QQ}?BS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) NWP ii?J3S Ai nan `i NY PRE-CONSTRUCTION NOTIFICATION APPLICA' I%i Awl - FOR NATIONWIDE PERMITS THAT REQUIRE: ! 1) NOTIFICATION TO THE CORPS OF ENGINEERS! D1?. 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNER'S NAME Fran Joliff 2. MAILING ADDRESS: P.O. Box 462 SUBDIVISION NAME: CITY: Manteo STATE: NC ZIP CODE: 27954 PROJECT LOCATION, ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Parcel on Ivy Lane (Kitty Hawk Landing in Kitty Hawk, North Carolina) 3. TELEPHONE NUMBER (HOME): 252-473-2336 WORK: 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: George H Wood, CEP, PWS 252-441-0239 Environmental Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OF AERIAL PHOTOGRAPHY WITH SCALE: COUNTY: Dare NEAREST TOWN OR CITY Kitty Hawk SPECIFIC LOCATION (INCLUDE ROAD NUMBERS LANDMARKS, ETC.): Kitty Hawk Road to Ivy Lane on right side USGS Quad- Lat- 6. IMPACTED OR NEAREST STREAM/RIVER: Kitty Hawk Bay RIVER BASIN: N/A 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES E] NO ® IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDING PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE: YES E] NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: .1 EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: A 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFER RELOCATION): N/A LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) N/A OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 '/2 " X 11" DRAWINGS ONLY): To fill 1 acre of 404 wetlands. A dump truck and dozer will be utilized on site. 13. PURPOSE OF PROPOSED WORK: To provide building area for single family residence. 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): The high ridge to the west is not wide enough to accommodate the building pad. 2 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 3/17/99 (ATTACH RESPONSES FROM THESE AGENCIES.) *Did not contact USFWS, USCOE is handling review of endangered species. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 3/17/99 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES ? NO ® (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES E] NO b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATTION STATE CLEARINGHOUSE? YES E] NO IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING STATE COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO Ms. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IN REQUIRED. e. WHAT IS THE LAND USE OF SURROUNDING PROPERTY? Residential f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? onsite septic g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATER OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. - /' z- ?/ ?'?w . OWNER / G T' SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (I 8g.)) 4 FrD CnA ! r >1 n FrD O CnA- V Cry OsA f ;- s * OuB _ OuB C'. n v FrC .? CnA v .Z7 ?CnA 'r Fro FrD FrD n; FrD V? CnA- O?A CnA FrD G T w OuB CnA O 1113 L1t CuA O A FrD OsA CnA - T 1107 1706 O - FrD CnA C O OuB C?9 CnA Cnn c'v o o OuB /.. FrD O O'Al r.n CnA \ n CJ 7 Cl1A p c u? Frp OsA v CuA CLA OUB OsA r (:uA C7 / CuA Y I.lln -Zr\l CuA CAA Hog Island T C?v ?kn ? CuA y ? v 0 OsA OuB 0sA O LiB OsA - ' i?ur a,n FrD CuA F 1708 Ha% O? s Q u , DwE r FrD d v 4f NeC un a 1116 .. oUG\. r4 ti:d• „ Frl /r 0 HaY :, Point ??? 1 ?yY1J ?l Burnt Island Cult CuA CuA ???? ?'????FrD r?spti "-j DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands delineation Manual) Environmental Professionals, Inc. PO Box 3368 Kill Devil Hills, NC 27948 Project/Site: '4.( • Date: 31-4-/fy Applicant/Owner: G.-a.., . o /',CI` County: D? Investigator: .. o ?, - w1 State: /I,, C Do Normal Circumstances exist on die site? (Yes ? No Community ID: Is the site significantly disturbed (Atypical Situation)? ? Yes [?c No Transect ID: Is the area a potential Problem Area? ? Yes [? No Plot ID: If needed, ex lain on reverse. VF.GF,TATION Dominant Plant Species Stratum Indicator Dominant Plwit Species Stratum Indicator 1. '0 / o -76 o,! 9- 2. s - is( o? T??? .,? 3 W. 3. H. 4. ??.. ..? ?.? 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-). > ,t5-D`7,o Remarks: ?'?' a 1-la,r,?,( ? ?S . s p•-?sA.?. NYDRn1,nGY 77Rccorded Data (Describe in Remarks): Wetland Hydrology Indicators: ? Stream, Lake, or Tide Gauge Primary Indicators: ? Aerial Photographs ? Inundated ? Other ? Saturated in Upper 12 Inches [9No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water : (in.) Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: (ill.) ? Water-Stained Leaves ? Local Soil Survey Data Depth to Satiated Soil: 2/02 (in.) ? FAC-Neutral Test Other (Explain in Remarks Remarks: cnn.c Map Unit Name 41I A-;. (Series and Phase): Drainage Class: Field Observations .Taxonomy (Subgroup): ,?; c Lt??owl?"Zi,dsa rnm?s wa c Confirm Mapped Type Yes No , r Profile DescriRtion Depth_ Matrix Color Mottle Colors Mottle Textures, Concretions, (inches) Horizon Mu ell M ist Munsell M2jjj Abund ce/Contr t Stru re Ste. L D 175 ' • i t i Hydric Soil Indicators: ? Histosol ? Histic Epipedon ? Sulfidic Odor ? Concretions ? High Organic Content in Surface Layer in Sandy Soils ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime [] Reducing Conditions ? Gleyed or Low-Chroma Colors ? Listed on Local Hydric Soils List ? Listed on National Hydric Soils List ? Other (Explain in Remarks) Remarks: ; 1 5 a? " WETLAND DETERMINATION Hydrophytic Vegetation Present [2? Yes H No Wetland Hydrology Present? ? Yes No Hvdric Soils Present? ? Yes ® No is this Sampling Point witlun a Wedand? Yes No Remarks: ! v a H W C4-)" - ? G( Yoa ?.a e ? ? ° f approvea oy ra(uam z u7e DATA FORM Envirotunental Professionals, Inc. ROUTINE WETLAND DETERMINATION PO Box 3368 (1987 COE Wetlands delineation Manual) Dill Devil Hills, NC 27948 Project/Site: A 117a crc ??• / ? d S d"?r ? ?, ? ? rte, Ny ,SG..J?c Date: 3/3o/7q Applicant/Owner: County: :D,,-- Investigator: State: , C . Do Normal Circumstances exist on the site? ® Yes ? No Community ID: Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transect ID: Is the area a potential Problem Area? ? Yes ® No Plot ID: If needed, explain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 9- 12.A4&1:= cd io ?? 3-° 10. 3. s r? i?7J 3. ° 11. 4. 12. S. n r h .i?? - nJ o .r? v7 =c c ?• ' 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-). Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: ? Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs ? Inundated ? Other ;Saturated in Upper 12 Inches CgNo Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water : (in.) Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: (in.) ? Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 3 (in.) ] FAC-Neutral Test Other (Explain in Remarks Remarks: cnrr.? Map Unit Name (Series and Phase): Drainage Class: Taxonom (Subgroup): Field Observations Confinrn Mapped Type Yes No Profile Description Depth_ Matrix Color Mottle Colors inche Horizon Mun ell Moist Munsell M ist Mottle Textures, Concretions, Abund uice/Contr st Structure etc. a- 3 0 ?° 3 a - }? D Hydric Soil Indicators: ? Histosol [] Histic Epipedon ? Sulfidic Odor ? Aquic Moisture Regime ? Reducing Conditions 0 Gleyed or Low-Chroma Colors ? Concretions High Organic Content in Surface Layer in Sandy Soils © Organic Streaking in Sandy Soils ?]c Listed on Local Hydric Soils List f?-Listed on National Hydric Soils List ? Other (Explain in Remarks) Remarks: w e?,(a,,,, d : ?z !S mow- 4. WF.TT.ANn nRTRRMINATION Hydrophytic Vegetation Present Yes No Wetland Hydrology Present? Yes ? No H dric Soils Present? Yes No TIs this Sampling Point within a Wetland? 2 Yes No Remarks: W ??("j ` ?`" G?/?°'?`-?' a" evs ?-r- -?,- ??F Approved by HQUSACE 2/92 Phone Conversation Rccord F Talked With: Date: Tune: /I :.3q PM Of: National Marine "Fisheries Phonc 252-728-5090 Re: Filling c 35-(-sq. ft. of 404 wetlands under NWP County I laced Call Part Called My Message Reply Party's Message Reply D Action or Follow up Necessary tJ p Refer to: 1 o I t, ?? File ?g - o a. Signed: 7 Phone Conversation Record Talked With: ^ 0 SA-v?G? v lti ?' Date: ,3 / 7Z?? Time: PM Of. State Historic Preservation Office Phone #: (919) 7334763 Re: Filling sq. ft. of 404 wetland under NWP in Lck,- County I laced Call 19 Part Called ? My Message Reply Party's Message Reply Action or Follow up Necessary o Refer to: File #: Signed: Martina .15 ewe'' `y Sound l,ndirq Shellbank Point t Long Point AREA TO BE g? FILLED OR UNDISTURBED AREA DISTURBED FABRIC BURIED BELOW EXISTING GRADE SILT DETAIL NTS NOTES: TOTAL PARCEL - 1.67 ACRES TOTAL UPLANDS - 1.0 ACRE TOTAL WETLANDS - .67 ACRES TOTAL FILL - 4,356 SO. FT. LEGEND: ® - 4,355 SQ. FT. WETLAND AREA TO BE FILLED - 404 WETLANDS IVY LANE BASE MAP FROM DARE CO. TAX MAP FRAN JOLIFF SCALE: 1• - 60' 1.67 ACRE PARCEL DATE: 3/30/99 JOB NUMBER: 99-021 NATIONWIDE 18 PERMIT APPLICATION DRAWN BY. JJ KITTY HAWK DARE COUNTY NORTH CAROLINA REVIEWED: GW ENVIRONMENTAL PROFESSIONALS INC. PLANNING FOR A BETTER ENVIRONMENT P.O. BOX 3368 KILL DEVIL HILLS, N.C. 27948 PHONE (919) 441 0239 FAX (919) 441 0721 i \?o \ Kitty Hawk Pier i 9^ \ _ 1 Po sy t Pofnt r ?09 oyK gums sWd /j \00 6_ VICINITY MAP NTS i^