HomeMy WebLinkAbout20021788 Ver 1_COMPLETE FILE_20021108
NGDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G, Ross Jr., Secretary
Timothy and Denise Shack February 4, 2003
100 Michelle Court
Bethel Park, PA 15102
Re: Nationwide Permit Application for an Activity in Dare County
Dear Mr. and Mrs. Shack:
The North Carolina Division of Coastal Management has reviewed your application, dated
December 4, 2002, 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 activity is consistent with the North Carolina Coastal Management Program subject to the
following conditions:
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,
which our records indicate you have already received.
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,
7on
ed Sam Z
Manager
TS/lm
Cc: Kendall Turnage, EPI
Charles S. Jones, Assistant Director, DCM, Raleigh
Caroline Bellis, Federal Consistency Coordinator, DCM, Raleigh i
Wilmington District Engineers; ATTN: CESAW-CO-E U- FEB 1 3 2OW
John Dorney, Water Quality Section, DWQ, Raleigh
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: http://dcm2.enr.state,nc.us
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December 30, 2002
Dare County
DWQ Project #: 02-1788
APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS
Tim and Denise Shack
100 Michelle Circle
Bethel Park, PA 15102
Dear Mr. & Ms. Shack:
You have our approval, in accordance with the attached conditions, to impact 0.03 acres of
wetlands for the purpose of constructing a single family residence at Bodie Island Beach, Block 9, Lot
33 as you described in your revised application dated December 4, 2002. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
3362, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification
allows you to use General 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
Watershed 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). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds 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).
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
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. 27611-7447. 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 or Tom Steffens
at our Washington Regional Office at 252-946-6481.
Sincerely,
Attachments
Kli ek, P.E., Di ector
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File copy
Central Files
Kendall Turnage, Environmental Professionals, Inc.
ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment INVVMQ W
P.O. Box 3368 ,t?
KILL DEVIL HILLS, NORTH CAROLINA 27948 el'
(252) 441-0239
FAX (252) 441-0721
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WE ARE SENDING YOU Attached I I Under separate cover via UU] W tpe 9jecific it
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I 1 Shop drawings 1 1 Prints I I Plans I.1 amp es ions
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COPIES DAJ I NO. DFSCRIP PION
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THESE ARE TRANSMITTED as checked below:
/ ` For approval ! ! Approved as submitted I Resubmit __---copies for approval
I-1 For your use I Approved as noted i I Submit copies for distribution
I I As requested I Returned for corrections I I Return corrected prints
I I For review and comment I - - -- -_ __ __ -_ -_-_- ---.- - -- _ __- ---_-_.--
I I FORBIDS DUE PRINTS RETURNED AFTER LOAN TO US
REMARKS__ fZ?-"5ed Sec ?`ovi tt// rrvi'se /oc¢5
COPY TO
SIGNED: - - - -- --- - - - If enclosures are not as noted, kindly notify us at once.
Office Use Only: f Form Version October 2001
USACE Action ID No. DWQ )1Q , OR ) 78$
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rafh6than
leaving the space blank.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
?r-r I '2
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
Owner/Applicant Information
Name: Tim Shack
Mailing Address: Timothy and Denise Shack
100 Michelle Circle
Bethel Park PA 15102
Telephone Number: 412-762-2080 Fax Number: 412-762-4507
E-mail Address: see aeent
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: Kendall Turnage
Company Affiliation: Environmental Professionals Inc.
Mailing Address: P.O. Box 3368
Kill Devil Hills NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address: environmentalprona earthlink net
Page 1 of 9
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: EPI #02-152
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): # 080020725237
4. Location
County:- Dare County Nearest Town: Nags Head
Subdivision name (include phase/lot number): Bodie Island Beach, Block 9 Lot 33
Directions to site (include road numbers, landmarks, etc.): At Whalebone Junction turn
south onto SR 1243. Site will be approximately 1/8 of a mile south on west side of road
5. Site coordinates, if available (UTM or Lat/Long): N 35 54'25" W 75 36' 00"
(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:
Residential
7. Property size (acres): 13.007 sq. ft.
8. Nearest body of water (stream/river/sound/ocean/lake): Roanoke Sound
9. River Basin: Pasauotank
(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/.)
10. Describe the purpose of the proposed work: to allow revamped septic system to meet Dare
County Health Dent setbacks
Page 2 of 9
11. List the type of equipment to be used to construct the project dump truck and frontend
loader
12. Describe the land use in the vicinity of this project: mixed residential, commercial and
hotels
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.
Tim Shack boueht the property in 1993 No fill has been requested by him The wetland line
came from the original subdivision map and delineation recorded in the Dare County Register of
deeds, so no fill has been reauested on this parcel in the past
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.
Page 3 of 9
1. Wetland Impacts
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***
Fill Yes 1320 feet Sandy soils, scrub thicket
* r.. ,.
?- C"c H paCL aepaidLely dnu iaennty temporary impacts. impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.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:
Total area of wetland impact proposed:
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?
leasespecify)
N/a N/A N/A N/A N/A N/A
* List each im a t t l d'
p c separa e y an 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.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni,
www.mapquest.corn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 9
3. 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
* r : _L
List cacu uupact separaieiy and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
N l,4
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 9
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
http://h2o.enr.state.nc.us/ncwetiands/strmp-ide.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.
This project praoses 0.10 ac of fill which is covered under the Nationwide 18 Fill
Permit therefore, mitigation is not required for this project
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 litip:/ih2o.enr.state.nc.us/wW/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Page 6 of 9
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
s uare feet
Multiplier
Required
Miti ation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
. . -L Alin vu. _7v icci perpenuicuiar irom near oanK of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
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.
Buffer mitigation is not required for this project since fill will not be placed within the buffer.
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.
Site is currently undeveloped no impervious areas exist currently, however, once the fill permit
is obtained a site plan will be developed to include a house footprint and driveway.
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.
On site septic system will be proposed
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
Page 8 of 9
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Applicant/Agent's Signature o cJ hate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
2810 N. CROATAN HIGHWAY
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948
(252)441-0239
(252)441-0721 (FAX)
SURVEY COORDINATES TAKEN FROM WILLIAM S. JONE$, JR.
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TIM SHACK
NATIONWIDE 18 PERMIT
LOT 33 BLOCK 9 SODIE ISLAND BEACH
NAGS HEAD TOWNSHIP
DARE COUNTY NAGS HEAD NORTH CAROLINA
SCALE: 1"m30' DATE: 11/05/02
DRAWN BY: RW REVIEWED BY: GW JOB I' 02-152
NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY
OF WA T44 Michael F. Easley, Governor
William
?? OG North Carolina Department of Environment nd Natural Resources
9
r-? Alan Klimek, P.E., Director Division of Water Quality
O •t
November 20, 2002
DWQ # 02-1788
Dare County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Tim Shack
100 Michelle Circle
Bethel Park, PA 15102
Dear Mr. Shack:
On November 8, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetland for the purpose of constructing a single family residence
at Bodie Island Beach, Block 9, Lot # 33 in Dare County. Approval from DWQ is required to disturb
these wetlands. Please provide 7 copies of the following information and refer to the DWQ # listed
above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can
begin to determine your projects' compliance with 15A NCAC 2H .0500.
1. Please indicate the proposed pool and septic system as overlays on the site plan. Please feel
free to provide a hand-drawn sketch of these facilities.
2. Please complete section IV on the application or please clarify why the project history is
unknown. Can you provide any information to indicate that no previous 404 permits were
issued for this property?
Please telephone me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
Program
JRD/bs
cc: Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy
Kendall Turnage, Environmental Professionals, Inc.
N. C. Division of Water 401
Quality, Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
JONVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948
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WE ARE SENDING YOU Attached 1 1 Under separate cover via Ilowing items:
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U Shop drawings 11 Prints I I Plans I I Samples S?9tilficati&402
I I Copy of letter 11 Change order I
?verl_,
WAT
COPII_S DATE NO. DI SCRIPHON
THESE ARE TRANSMITTED as checked below:
I( For approval I I Approved as submitted I I Resubmit copies for approval
I I For your use I Approved as noted I-I Submit copies for distribution
f I As requested I Returned for corrections I I Return corrected prints
I I For review and comment 1
I I FOR BIDS DUE I PRINTS RETURNED AFTER LOAN TO US
REMARKS --
COPY TO - - - _ --?7 ???
SIGNED:
If enclosures are not as noted, kindly notify us at once.
Office Use Only: Form Version October 2001
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.
1. Processing ?p Uiy
fa
1. Check all of the approval(s) requested for this project: «- < NOV s,.
® Section 404 Permit 9V_ IAt GROUP
? Section 10 Permit UAIITY SECTION
® 401 Water Quality Certification
? 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
Owner/Applicant Information
Name: Tim Shack
Mailing Address: Tim Shack
100 Michelle Circle
Bethel Park PA 15102
Telephone Number: 412-762-2080 Fax Number: 412-762-4507
E-mail Address: see agent
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: Kendall Turnage
Company Affiliation: Environmental Professionals. Inc.
Mailing Address: P.O. Box 3368
Kill Devil Hills NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address: environmentalpro(a)earthlink.net
Pagel of 9
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: EPI #02-152
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): # 080020725237
4. Location
County: Dare County Nearest Town: Nags Head
Subdivision name (include phase/lot number): Bodie Island Beach, Block 9, Lot 33
Directions to site (include road numbers, landmarks, etc.):_ At Whalebone Junction, turn
south onto SR 1243, Site will be approximately 1/8 of a mile south on west side of road
5. Site coordinates, if available (UTM or Lat/Long): N 35 54'25" W 75 36' 00"
(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:
Single Family Residential
7. Property size (acres): 13,007 sa. ft.= 0.3 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Roanoke Sound
9. River Basin: Pasauotank
(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/mW-/.)
10. Describe the purpose of the proposed work: to allow revamped septic system to meet Dare
County Health Dent. setbacks and to provide area for construction of a cool
Page 2 of 9
11. List the type of equipment to be used to construct the project dump truck and frontend
loader
12. Describe the land use in the vicinity of this project: mixed residential, commercial and
hotels
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.
Unknown
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.
Page 3 of 9
1. Wetland Impacts
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***
Hatched Area Fill 0.03 Yes 1320 feet Sandy soils, scrub thicket
List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.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: 1328 sq. ft.
Total area of wetland impact proposed: 0.03
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?
leasespecify)
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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 9
3. 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 Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A N/A N/A N/A N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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, an w y e ign options were not feasible. Also discuss how impacts
were ruw= ' o site plan was developed. If applicable, discuss construction
techni followed during constru educe impacts.
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 9
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
htlp:Hh2o.enr.state.nc.us/ncwetiands/strrnjzide.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.
This project proposes 0.03 ac. of fill which is covered under the Nationwide 18 Fill
Permit, therefore, mitigation is not required for this project
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state,nc.us/wa2/index.litm. 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 9
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
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
cone i extenas out su tee[ perpenmcular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 9
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.
Buffer mitigation is not required for this project since fill will not be placed within the buffer.
XI. Stormwater (DWQ Only)
Dscribe imrvio sting and proposed) versus total acreage on the site.
s w is proposed in r to protect surface waters and wetlands
the property.
XII. Sewage Disposal
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On site septic system will be modified to accommodate the proposed pool
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' "'_ " u bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 9
I, 2M
To Whom It May Concern,
hereby authorize Environmental Professionals Inc. to file submit the ssary
documents for a Nationwide #18 fill application to allow proposal re ns to
meet septic system and county setbacks.
Timothy Shack
r'
Signature
Date --
TOTAL P.0
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ological Survey SCALE 1:24000
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NATIONAL GEODETIC VERTICAL DATUM Of
ticks based on North Carolina DEPTH CURVES AND SOUNDINGS IN FEET-DATUM IS
rsal Transverse Mercator THE RELATIONSHIP BETWEEN THE TWO DATUMS IE
UTM GRID AND 1983 MAGNETIC NORTH SHORELINE SHOWN REPRESENTS THE APPROXIMATE LINE
27 North American Datum DECLINATION AT CENTER OF SHEET THE MEAN RANGE OF TIDE IS 0.5 FOOT IN INLAN
in Datum 1983 move the Revisions shown in purple and woodland compiled by the AND 2 FEET ALONG THE OCEAN
meters west as shown by Geological Survey in cooperation with State of North
Carolina agencies from aerial photographs taken 1980 THIS MAP COMPLIES WITH NATIONAL MAP ACCUF
he boundaries and ofhar cnnrrac Thin info. ?1t _,_ - FOR SAI F RV 11 S r:rr11 nr'l(`Al 01117w'1111 11
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404 /
WETLANDS
TO BE '
FILLED, 1,328.24 SF
LOT 32
x^
LOT 34
PORTION OF LOT 33
N?\
AREA TO BE
FILLED OR UNDISTURBED AREA
DISTURBED -
FABRIC BURIED BELOW
EXISTING GRACE
SILT FENCE
DETAIL
N TS
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SITE
VA. DARE
SR 1243 n TRAIL
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ATLANTIC OCEAN
VICINITY MAP N.T.S.
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5
ENVIRONMENTAL PROFESSIONALS, INC.
Plonning for o Better Environment
14 TIM SHACK
2810 N. CROATAN HIGHWAY
P,O. BOX 3368
KILL DEVIL HILLS, NC 27948
(252)441--0239
(252)441-0721 (FAX)
NATIONWIDE 18 PERMIT
LOT 33 BLOCK 9 BCDIE ISLAND BEACH
NAGS HEAD TOWNSHIP
DARE COUNTY NAGS HEAD NORTH CAROLINA
SCALE: 1"=30' DATE: 11/05/02
DRAWN BY: RW REVIEWED BY: GW JOB: 02-152
VEY COORDINATES TAKEN PROM WILLIAM S. JONE5, JR. NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY
5UR
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pVVQf# 021)?ff r - 1 /3
$$) Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipators, 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 teNayowt as dverlays 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 impact was request. Please provide $
This additional fee must be JVeived before your application can b rev'ewed.
Please complete Section(sl n the applicationp- Q?
e e q peBtierr"y , .2 ?9VVtc , (?, p¢i iac?i vtfl /I/f'(/i0cev UQS! r?,
vv ? ? Fs whit ?5,5,??
? Please provide copies of the application, copies of the site plans and other supporting information. vc
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.