HomeMy WebLinkAbout20041163 Ver 1_COMPLETE FILE_20040719A Liu-WA
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
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D
O C T 1 2 2004 October 6, 2004
DENIN - WATER QUALITY
Roxanne D. Dorman WETLANDS' A'AD STORMWATER BRANCH
Atlantic Environmental Consultants, LLC
P. O. Box 3266
Kitty Hawk, NC 27949
Re: DWQ ID Numbe 41163, tionwide Permit Application for John
Anderson's wetland i activity in Currituck County
Dear Ms. Dorman:
The North Carolina Division of Coastal Management has reviewed your application, dated July 16,
2004, for a U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section 307 of the
Coastal Zone Management Act of 1972, as amended. Based upon our review, we have determined
that the proposed wetland fill activity is consistent with the North Carolina Coastal Management
Program subject to the following conditions:
1. The activity described in your application is for the issuance of a U.S. Army Corps of
Engineers Nationwide Permit, Number 18, under 33 CFR Part 330. Any modification of
your proposed activity, or change in the Nationwide Permit Number that you are seeking,
will require an additional review for consistency by this office.
2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401 Water
Quality Certification must be obtained from the North Carolina Division of Water Quality.
3. It was noted that a part of the proposed development, the road and driveway, lie within the
75 feet Estuarine Shoreline Area of Environmental Concern. This work would require a
CAMA Minor Permit. It is not anticipated that this development would be found consistent
with the rules applicable within the 30 feet buffer area, since roads and driveways are not
considered water dependent, and are not otherwise specifically allowed within this buffer by
the rules of the Coastal Resources Commission.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -- 30% Recycled by Fiber Weight
Roxanne D. Dorman
October 8, 2004
Page 2
Please understand that this letter does not relieve you of the responsibility to ensure that all other
applicable State authorizations and/or permit requirements are met prior to implementation of the
project. Please feel free to contact me at (252) 264 3901 if you have any questions or need further
assistance.
Sincerely,
-C/ " t..
'Ted Sampson
District Manager
TS/yc
cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Stephen Rynas, Federal Consistency Coordinator, NC DCM, Morehead City
Wilmington District Engineers; ATTN: CESAW-CO-E, US Army Corps of Engineers
John Dorney, Water Quality Section, NC Division of Water Quality, Raleigh
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O 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 27, 2004
John Anderson
1065 Laskin Road
Suite 202
Virginia Beach, NC 23451
Subject Property: Parcel 3511, Lot # 1, Knotts Island
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Coates:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1163
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.097 acres of wetlands for the purpose of constructing a home at the subject
property, as described within your application dated July 19, X004 (received on July 19, 2004) and
modified on August 13, 2004 (received on August 16, 2004). fter reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402. The
Certification(s) allows you to use Nationwide Permit(s) 18 when 'issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and Coastal Management 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 Plan Location or Reference
nits
404/CAMA Wetlands 0.097 (acres) As shown on the August 13, 2004
modification
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733.1786 / FAX 919-733.6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Carol na
turally
Anderson:
Page 2 of 3
August 27, 2004:
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in 'wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or 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,
Anderson:
Page 3 of 3
August 27, 2004:
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
AWKljrd
n . KIimel?; .E.
Enclosures: GC 3402
Certificate of Completion
cc: Roxanne Dorman; Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC
27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 041163 Anderson(Dare)401
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Division of Water Quality
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 3, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
John Anderson
1065 Laskin Road, Suite 202
Virginia Beach, VA 23451
Subject Property: Parcel 35B, Lot# 1, Knotts Island
REQUEST FOR MORE INFORMATION
Dear Mr. Anderson:
DWQ Project # 04-1163
Currituck County
On July 19, 2004, the Division of Water Quality (DWQ) received your application dated July 16, 2004 to
impact 0.10 acres of wetlands to construct the proposed single-family home. 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. Impact Justification (Avoidance and Minimization)
This Office believes that the garage, driveway and home site can be moved or reconfigured to avoid
the impacts. Please revise the plans to avoid the impacts.
2. Mitigation
DWQ requests that an independent Yd party, such as a land trust, hold any conservation easements
for the proposed wetland mitigation.
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 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919.733-1786 /FAX 919-733.6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naturally
John Anderson
Page 2 of 2
August 3, 2004
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 Ed Schwartzman 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.
orn ,
Wetlands / 401 U it
JRD/bs
cc: Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Roxanne Dorman, Post Office Box 3266, Kitty Hawk, NC 27949
Filename: 04-1163 - Anderson (Currituck) On Hold
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USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L Processing WETLANDS 1401 GROUP
1. Check all of the approval(s) requested for this project:
® Section 404 Permit 11 Jl, i. E )OOr?
? Section 10 Permit
® 401 Water Quality Certification WATER QUALITY SECTION
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? 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: John Anderson
Mailing Address: 1065 Laskin Rd.
Suite 202
Virm,inia Beach VA 23451
"Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see 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: Roxanne 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(?aol.com
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger 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: Anderson AEC#04-013
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): #0076000035130000
4. Location
County: Currituck County Nearest Town: Knotts Island
Subdivision name (include phase/lot number): Parcel 35B / Lot 1
Directions to site (include road numbers, landmarks, etc. Take Marsh Causeway to Knotts
Island Road. Left on Knotts Island Road and go `/a mile to Henry Simpson Lane. Take right
on Henry Simpson Lane. The property will be on the left at the beginning of the canal.
5. Site coordinates, if available (UTM or Lat/Long): 35-32.20N 75-55.13W
(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:
Lot is currently undeveloped, no structures currently exist on this lot.
7. Property size (acres)
3.32 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Capps 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 http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: landowner proposes fill section 404 wetlands
for a single-family residence and meet the septic setbacks from wetlands.
11. List the type of equipment to be used to construct the project: Dump truck, frontend
12. Describe the land use in the vicinity of this project: undeveloped/residential and agricultural
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; a wetland plat has not been
signed by USACE at this time No previous permits have been obtained or requested for this
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 excluding a CAMA General Permit to
construct a elevated walkway and dock.
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 8
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
I Wetland fill 0.1 ac yes 420 ft. from canal Freshwater wetland
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, 611,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FE MA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htt_p_?//www.fcma_,goV.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 2.84 ac.
Total area of wetland impact proposed: 0.1 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
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.
** 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_us"s.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
wwyv.mapquest.coin. 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 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
local stormwater requirement, etc.)
(e.g., livestock watering, irrigation, aesthetic, trout 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 was limited to a total of 0.10 acres. Wetland fill could not be avoided
due to the fact that Section "404" wetlands comprise the maioritv of this lot and fill is necessary
for septic setbacks and house construction.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
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. 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.enr.state.nc.us/ncwetlands/stringide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
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.
Mitigation proposed (10:1 for this project will be located onsite and will use a portion of the existing
wetlands that remain. The conservation easement 0 acre.) will 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: Filline grading; excavating; earth movement of any kind;
construction of roads buildings signs or any activity that may alter the drainage patterns on the property or any
other activity which would result in the wetlands being adversely impacted or destroyed.
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 htt?)://1,2o.enr_state.nc.us/wru/indcx.litn,. 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
Page 6 of 8
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 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
* Zone I extends out 30 teet perpendicular from near bank of channel; Gone 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
XI. 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 areas do not exist at this site. Any future impervious areas will be limited
to a future house footprint, driveway and parking.
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.
The sewage disposal will be an onsite conventional system
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
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.)
Page 8 of 8
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S. HENRY
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 fax(252)261-2965
August 13, 2004
John Dorney
Division of Water Qualitv
401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
WET(ANDS / 401 GROUP
AU(i : (2004
WATER QUALITY SECTION
RE: DWQ Project No. 04-1163
Dear Mr. Dorncv,
This letter is with reference to your letter dated August 3, 2004 requesting additional information
in order to review the wetland fill request for John Anderson, Parcel 3513. Lot I, Knott's Island,
Currituck County, North Carolina.
The initial site plan that was submitted has changed to reflect the concerns of the Currituck
County Health Department as well as revisions of the site plan by the property owner. Currituck
County Health Department requires that a repair area for the drainfeild of equal size be provided
in the site plan and this area must also meet the setback requirements from the existing wetlands.
One acre of mitigation for the proposed impacts is located onsite and will be recorded as a
conservation easement with the North Carolina Ecosystem Enhancement Program (NCEEP).
Once approved by your office and USACE, the mitigation area will be recorded by the
landowners title attorney as a conservation easement (preservation).
The limited amount of uplands, drain field repair area (required by Currituck County) and
revisions to the site plan have made the remaining impacts to the wetlands unavoidable, therefore
we request that the permit process move forward.
Please do not hesitate to call me if you have any questions or need additional information 252-
261-7707.
Sincerely,
Doug Dorman
Atlantic Environmental Consultants, LLC
Encl.: a/s
_ V
S. HENRY W V
SIMPSON W.
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7YOS ONYISI S.LIONH
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111 '111 111 111 111 1 111
WETLANDS 1401 GROUP
JUL 2 9 2004
WATER QUALITY SECTION
John Anderson
1065 Laskin Road
Virginia Beach, VA 23451
I, John Anderson authorize Atlantic Environmental Consultants, LLC (AEC) to apply
for environmental permits on my behalf for property located in Knotts Island,
Currituck County, North Carolina.
/?, ,b
AYTHORIZATION DA
DWQ# O q -11 3
Plan Detail Incomplete
Date _ 06-/10/64 Who Reviewed: L4 ?h
? 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 GC
? Please provide detail for the stormwater management practices as required by GC
? 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
? 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 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 U/S^ACpE would use to authorize this project.
," 114l'V'I "jq
I ?I/O`1r ?.G j'I fi,r „?? fiG.r? PG IP /'1'I 'Ph r R'f/ain
lIlvtrd,tf h 0=/ -/0??( h Id lyfl{r ?c>r ?` ?c 6c? 1 /? k r?truh w; fl, S }e?!? ? r'tcr,
Cary G.,Ke an rc ? r khr`c
C?lyl ?/?-17z3,
DWQ#
Plan Detail Incomplete
Date 11261oq Who Reviewed:
C-5
? 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 GC
? Please provide detail for the stormwater management practices as required by GC
? 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
.t
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necess for this project.
e ?jo,c-o oJ? oI c? ? vrz w.?`I ?i ?? 0 r)e-- 51 +e
This Office believes that the can be moved or reconfigured to avoid the impacts to the
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
Mitigation
copies of the application, copies of the site plans and other supporting information.
? 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.
??w a,n I ndepev e?-4 J7&+e?-?,?a? a s r?
t_eA,ho ?
(orooooeJ wEAko-M 0-)i4-?1,-,a4-;o0.
¦ Complete 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 mailpiece,
or on the front if space permits.
Article Addressed to:
John.Anderson
1065 Laskin Road, Suite 202
Virginia Beach, VA 23451
DWQ# 04-1163 - Currituck
A.
X
C.
B.
Agent
D. Is delivery address different from Item 1?T Yee,
If YES, enter delivery address below: ? No
a
3. Service Type
PQ Certified Mail ? Express Mail
? Registered Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
?. Article Number 7001 2 510 0009 0250 7151
(Transfer from service label)
3c c.,.... QR11 CeL,-- )nnA
UNITED STATES POSTAL SERVICE
LISPS,
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10