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HomeMy WebLinkAbout20021751 Ver 1_COMPLETE FILE_20021031(± is 1 l 1 NGDENR North Carolina Department of Environment and Natura Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director November 27, 2002 Bill Pearson Carolina Coast and Lakes P. O. Box 370 Hertford, North Carolina 27944 "J Resources "'i(Villl?n Rss'?r.'?cr?a I n t5 l5 U U d? Get„ J. 1 TY S! Re: DWQ #021751, Nationwide Permit Application for a fill activity off Ferry Road, SR 1322, Woodville in Perquimans County Dear Mr. Pearson: The North Carolina Division of Coastal Management has reviewed your application, dated 10/31/02, 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: 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, 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, `Ted Sampson District Manager TS/dc Cc: Charles S. Jones, Assistant Director, DCM, Morehead City Caroline Bellis, Federal Consistency Coordinator, DCM, Raleigh Wilmington District Engineers; ATTN: CESAW-CO-E John Dorney, Water Quality Section, DWQ/Raleigh Kendall Turnage, EF I Tom Walker 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 An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper OF vv r+,FR micnaej r. rasiey, O? pG William am G. Ross Jr Jr.., , Secretary North Carolina Department of Environment and Natural Resources ` r Alan W. Klimek, P.E. Director > Division of Water Quality o ? May 28, 2003 DWQ# 02-1751 Perquimans County Mr. Bill Pearson Carolina Coast and Lakes P.O. Box 370 Hertford, NC, 27944 APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr. Pearson: You have our approval, in accordance with the attached conditions, to grade or place fill in 0.0.67 acre of open waters and estuarine shoreline in order to construct the Bay Landing community boating facility on Deep Creek and the Little River in Perquimans County, as described in your application received by the Division of Water Quality on April 21, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3400, which can be downloaded from our web site at htta://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. 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, Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying 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. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. Sin erely, J Alan . Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWO Regional Office Central Files File Copy Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 021751 N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 MEMORANDUM TO: John Dorney Regional Contact: tom steffens Non-Discharge Branch WQ Supervisor: Roger Thnrpee Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Bay Landing EPI # 02-178A County Perquimans Project Number 02 1751 County2 Recvd From APP Region Washington Received Date 10/31/02 Recvd By Region Project Type access high ground and do residential construction Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 18 OTHO Y O N ? 30-5-4 SC ? 30,152. --rte ?Y ON -_r- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor . Donna D. Moffitt, Director William G. Ross Jr,, Secretary April 17, 2003 .021751 MEMORANDUM: WETLANDS1401 TO: Mr. John R. Dorney QS Environmental Biological Supervisor ,A, APR 2 Division of Water Quality rER FROM:. Doug Huggett ?MA Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Carolina Coast & Lakes (Bay Landing) Project Location: Off Ferry Road (SR 1332) in the New Hope community of Perquimans County. Proposed Project: Construct a boating facility with a pier, dock, boat slips, beach area, riprap and walkways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 8, 2003. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III at (252) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: h4://dcm2,enr. state, nc,us An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DCM % DWQ % Development Type FEE (14300 1601 +435100093 1625 6253) (24300 1602 435100095 2341 non-commercial private I , , development that does not Involve 5250 100%b (S250) 0% (SO) the filling or excavation of any wetlands or open water areas: public or commercial development Ii . that does not involve the filling or $400 100%($400) 0% (SO) excavation of any wetlands or open water areas: III. For development that involves the filing and/or excavation of up to 1 acre of wetlands and/or open water areas, determine If & S. C, or D below applies: III(A). For Private, non-commercial development, If General water Quality $250 100%(S250) 0% (SO) Certification No.3301 (see attached) can be ap ilia ' III(t3): For public or commercial development, if General water Quality $4 100%(S400) 0% (SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and 5400 60%(S240) 40%(S160) written DWQ concurrence Is needed because of concems related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 5400 60%(S240) 40% (5160) can not be applied: IV. For development that involves the filling andlor excavation of more 5475 60%u (S285) 40% (S190) than one acre of wetlands andlor open water areas: -VOLMMM J DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Carolina Coast and Lakes (Bay Landing) 2. LOCATION OF PROJECT SITE: Off Ferry Road (SR 1332) in New Hope, Perquimans County and on Deep Creek and Little River Photo Index - 2000: 162-1738 (F-4; G-5,7; H-6; I-6;J-6,7; K-7; L-7,9; M-5,7; N-5; 0-1,4) 1995: 162-1667 (F-18; G-19: H-19; 1-19; J-20; K-20;L-20,22;M-19,20; N-18; 0-16,17; P-14,16; Q-13; R-12,13) 1989: 120-2 (C-N2; M-3,10; N-3,10; 0-8) 1984: 118-830 (A-10; B-10,11; C-9,10; D- 7; E-4,6; F-3; G-2,3) State Plane Coordinates - X: 2803500 3 4 INVESTIGATION TYPE: CAMA/D&F Y: 895500 Nixonton Quad LR INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/10/02 02/21/03 Was Applicant Present - Yes No 5. PROCESSING PROCEDURE: Application Received - 04/10/03 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation (B) AEC(s) Involved: PTA, EW, ES, PTS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Riprap Planned - Pier, dock, slips, boatramp, beach area, riprap, walkways (G) Estimated Annual Rate of Erosion: 1 ft. Source - Observation 7. HABITAT DESCRIPTION: [AREA] Q11-1.11 r"D1Pr1 Othar (A)Open Waters 1,130 sq.ft. pier 480 sq.ft. ramp PTA 150 sq.ft. riprap PTA & EW 2.600 s ft . ri ra B Uplands Non-AEC 17 471 Sq. ft. ravel Dar 'n (C) ES 750 sq.ft. boardwalk ,000 sq.ft. graded 404 Wetlands Non-AEC 8,375 s .ft. boardwalk (D) Total Area Disturbed: 59,856 sq. ft. (1.374 acre) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to build a community boating facility with a pier, dock, boat slips, beach area, riprap and walkways on Deep Creek and walkways and riprap on the Little River. Carolina Coast and Lakes (Bay Landing) Field Investigation Report Page Two Project_ Setting The site of the proposed development activity is a 161 acre tract of farmland and woodland that is located on the Little River and the north shore of Deep Creek and on the south side of Ferry Road (SR 1332) in the New Hope section of Perquimans County. The property is currently being developed into a 48 lot subdivision with a common area to provide water access to Deep Creek for interior lots. The property is mostly high ground with an elevation of approximately 8 ft. above normal water level (NWL), has sandy soils and has been used, until last year, for agricultural production and forestry production. The woodland is vegetated with pine, oaks, maple and hickory. The property has approximately one mile of shoreline almost evenly divided between the Little River and Deep Creek. The property elevation along the shoreline varies from 1 ft. to 4 ft. Along the north east shoreline of the property adjacent to the Little River exists an extensive gum-cypress swamp wetland fringe. Two other areas of gum cypress swamp wetland fringe exist along Deep Creek. Manmade features on the property include electrical and water service, road construction as well as 1,300 ft. of riprap along the Little River shoreline and five elevated walkways constructed over Section 404 wetlands to the water line of the Little River. Adjacent property consists of undeveloped tracts of similar natural characteristics. The waters of the Little River and Deep Creek in this area are classified as SC by the Division of Environmental Management and are closed to shellfish taking. In order to provide boating access for the subdivision, the applicant proposes to construct, at a designated common area located between lot 35 and lot 36, a community pier with 10 boat slips, a community boatramp and a beach area. The proposed pier will be 6 ft. wide and 120 ft. long with a 10 ft. by 26 ft. "T" head. There will be 10 boat slips constructed on the west side of the pier. The slips will have five finger piers 2 1/2 ft. wide and 12 ft. long with five free standing mooring pilings. The water depths of Deep Creek in this area range from -3 ft. to -6 ft. and the bottom is sandy. The boatramp will be constructed of concrete slab and will be 15 ft. wide and 32 ft. long and embedded below NWL. Above NWL, the ramp will have a gravel drive that connects to an upland gravel parking area. The applicant proposes to place 30 ft. of riprap along the shoulders of the ramp to stabilize the area and 30 ft. of riprap along the waterline of the west side of the pier to stabilize the shoreline. Carolina Coast and Lakes (Bay Landing) Field Investigation Report Page Three Adjacent to the boatramp, the applicant proposes to construct a beach area by placing sand along approximately75 ft. of the shoreline, approximately 20 ft. wide. In order to provide water access for lots with extensive wetland fringes, the applicant proposes to construct six 5 ft. wide elevated boardwalks on lots 9, 10, 27, 36, 37 and 38. The total length of the proposed boardwalks will be 1,915 ft. The boardwalks will end at the NWL. The applicant proposes to repair and redress the 1,300 ft. of existing riprap with additional stone. Approximately 1 ft. - 2 ft. of additional river bottom will be filled with the stone and approximately 26,000 sq. ft. of shoreline will be distributed by the activity. An i 'Dated Impacts The pier will shade 1,130 sq. ft. of Public Trust Area (PTA) Area of Environmental Concern (AEC) in Deep Creek and 150 sq. ft. of Public Trust Shoreline (PTS) AEC. The boatramp will result in 480 sq. ft. of PTA AEC being filled with concrete and approximately 600 sq. ft. of PTS AEC filled being with gravel. The riprap placement will result in 150 sq. ft. of PTA AEC being filled and 300 sq. ft. of PTS AEC being filled. The sandy beach creation will result in approximately 1,400 sq. ft, of PTS AEC being filled with sand. The upland development of the gravel parking lot in the common area will result in 17,471 sq. ft. of area covered by gravel. The construction of the elevated boardwalk will result in 750 sq. ft. of Section 404 wetland in the Estuarine Shoreline (ES) AEC of the Little River and 450 sq. ft. of Section 404 wetlands in the PTS AEC of Deep Creek being shaded. The total coverage of Section 404 wetlands by the proposed boardwalk is 9,575 sq. ft. The repair work to the existing riprap will result in 2,600 sq. ft. of PTA, EW AECs being filled and 26,000 sq. ft. of ES AEC being disturbed. It is anticipated that this area will be filled and graded after the work is complete. Temporary water turbidity will occur during construction. Submitted by: Frank A. Jennings, III Date: April 14, 2003 1YI/1( ZYJC)d: 4 114f iL1L(?LUCJYY Fl"IItj,N, L?M,4.J, LJHI\t III Oct 1S 02 0$:31a Carolina Coast Slakes 252-330-551,7 20;2441fi721 ENVLRONMU11 PA,. PROf ES ]1/1.71?.002 14;58 +. I i I, I P?3 pw 11.12 t'o whom 11 May C.'unccra, or, bcklal 1 hereby vntliarizc Envito,unenlal Psctessroa.ls lrio. to aP'Ply for I LAMA Major persurt of ???? Cstoliz+a Cuaat & Laken, "Boy Lmdmt" WO)C t in 1FCMuh1)On3 cowry, 14C. a `?. ?r _ 5) 2On 11 sill Pea?wA, FEB Pxv.?iflcnt ? Carolinas Coast &Likes ^URS°t'RL MANAGEMENT ` I ELRABETH CITY Title We i it CAMA MAJOR NARRATIVE By: Kendall Turnage GEAR 2 .4 M3 BAY LANDING COASTAL MANAGEMENT PERQUIMANS COUNTY Fi..IZABETH CITY Bay Landing is a 48 lot subdivision under construction by the developer Carolina Coast & Lakes. The subdivision has single family lots ranging from 1.11 acres to 10.21acres (average lot is 3.0 acres). The roadway serving the subdivision will total 6,007 linear feet. The subdivision created 29 waterfront lots, 19 interior lots, a waterfront Common Area, a Reserved Area, and three fountain areas . A Sedimentation and Erosion Control Permit for Bay Landing has been approved and the Stormwater Certification has been approved. A Nationwide #18 Wetland Fill permit has been issued for three small wetland crossings serving lot 23, 24 and 25 (copies of approvals from USACE and DWQ attached to application). The wetland delineation was flagged by Kendall Turnage of Environmental Professionals, Inc and has been field reviewed by William Wescott of USACE Washington Regulatory Field Office and a copy of the signed 404 Jurisdictional Wetland Determination is attached for your records. The subdivision will be served by a Common Area that includes a community boat ramp, community pier with 10 boat slips and a 260 sq ft (26ft X 10 ft) elevated, slatted wooden platform with seating. The pier will also contain 5 finger piers to provide safe access to moored vessels and 5 associated mooring pilings for 4-way mooring for the slips. Approximately 85 feet of rip rap shoreline stabilization will be installed along the shoreline of the common area to armor the shoreline against boat wakes, prop wash etc. A small sandy beach area will be constructed as a family recreational area. This area will not include any impervious surfaces and will act as a sand filter for surface runoff. This area to be maintained by the Homeowners Association. This area lies mostly in an existing agricultural field and will minimal clearing and disturbance to construct the beach area. Adjacent shoreline sediments consist of fine sands and will blend with the proposed beach area and will not create substrate indifferences or an abnormally erosive shoreline (comparable to the adjacent shoreline). The 1,289 feet of existing rip-rap along the Little River will be redressed and areas that need maintenance will receive proper attention to prevent any failures of the shoreline stabilization. A 26,000 sq. ft. (20' X 1300') area will be disturbed to redress the rip-rap, see plans. Elevated, slatted, wooden, 5 ft wide walks will be constructed on the following lots: 9 165.0 10 90.5 27 43.5 36 273.5 37 177.0 38 180.5 TOTAL 930 linear feet (9,575 total sq. ft.) These walks will be constructed a minimum of three feet above the 404 jurisdictional wetlands and will end at the shoreline (NWL). (See detail sheet) * A CAMA Violation 03-11A was issued on 2/24/03 for the construction of boardwalks on lots 11, 12,13,14 and 16. This violation resulted from a misunderstanding between the developer and contractor. The contractor usually ends the boardwalk construction landward of the AEC. But in this case, the boardwalks were constructed to the normal waterline by mistake. The contractor has ceased construction activity within the AEC and will await authorization prior to undertaking further activities within the AEC. Form DCM-MP-1 1. APPLICANT a. b Landowner: Name Carolina Coast & Lakes (Attn. Bill Pearson) Address P.O. Box 370 City Hertford State NC Zip 27944 Day Phone 252-717-7154 Fax 252-330-5517 Authorized Agent: Name Environmental Professionals, Inc. Address PO Box 3368 City Kill Devil Hills State NC Zip 27948 Day Phone 441-0239 Fax 441-0721 c. Project name (if any) "Bay Landing" NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Perquimans b. City, town, community or landmark Woodville c. Street address or secondary road number SR 1332 d. Is proposed work within city limits or planning jurisdiction? - Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Deep Creek and the Little River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Communitv Boat Ramp, Pier with 10 slips and platform with seating_ 1,289 linear feet of rip rap maintenance aloes the Little River portion, boardwalks on lots with wetlands landward of NWL (9 10, 27, 36, 37, 38) b. Is the proposed activity maintenance of an existing project, new work, or both? Both c. Will the project be for public, private or commercial use? Community d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Project will include construction of the community amenities in the common area. These amenities include a boat ramp (and associated rap) parking area community pier with 10 boat slips, and a platform with seating as part of the structure. The disturbance of 1900 sq ft within the AEC will occur to develop the proposed amenities and convert the parcel from agricultural purposes to a community common area All possible sedimentation and erosion control measures will be undertaken during construction to minimize impacts to surface waters. A sedimentation and erosion control permit has been issued for the subdivision construction and common area. The subdivision and common area have low density project approval by the NC DWQ 5 ft wide wood Boardwalks will be constructed on lots with extensive wetlands landward of the NWL. (9 10, 27, 36, 37, 38) The applicant will also redress 1289 feet of existing rip rap on the Little River and disturb 26,000 s q. feet within the AEC as a i e MAR 2, 4nu iv.„ .,NAGEMENT Revised 03/95 = !i "r N CITY Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 160.9 acres b, Size of individual lot(s) varies from 1.11-10.21 acres c. Approximate elevation of tract above MI-1W or NWL 2-10 average d. Soil type(s) and texture(s) of tract Altavista fine sands ( uplands) Varied wetland soils e. Vegetation on tract Quercus alba, Taxodittm distichum Bacharis hamilifolia Pinus taeda, Acer rubrum agricultural fields n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff p from boat[ m o. Describe existing drinking water supply source. Perquimans County Water System 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. f. Man-made features now on tract Rip rap electric service, stone grill dirt roads g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community X Rural Other h. How is the tract zoned by local government? Residential is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance cerpficate, if applicable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes -No Coastal (marsh) Other 404 wetlands If yes, has a delineation been conducted? Yes (Attach documentation, if available) ATTACHED in. Describe existing wastewater treatment facilities. Individual septic systems planned • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by I V white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. •A Stormwater Certification, if one is necessary. •A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Y?i?S of Coastal Management. Upon ' e applicant further certifies that such notice has been provided. LIAR 2 4 nn'? 1,0AS1,'%L i,044AUEMENT r s.;; f..riETH C!T'l Revised 03/95 Form DCM-MP-1 Name Address Phone Name Address Phone Name Address Phone Susan Hassell 916 Chatanooga St Chesapeake, VA 23322 Varenia H Ryan 900 Red Coat Q Virginia Beach VA 23455 Carol Hassell 104 Morris Circle Edenton, NC 27932 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Permits may be on file with NCDCM for the installation of the existing rip rap under the name Richard Gray CAMA Violation 3 Sedimentation and Erosion DLQ # Perqu 2003-002 Stormwater DWQ# SW7021020 • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice- for projects in Aoceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge, tti &r,' I This is the /D day of 3artt1tn, 2003. Print Name Signature Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. IVED MAR 26 . `W iAGEMENT ?'H CITY Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project, a. Type and number of buildings, facilities, units or structures proposed 5 ft wide Boardwalks on Lots 9,10,27,36,37,38 Parking Lot for Common Area b. Number of lots or parcels 48 c. Density (give the number of residential units and the units Per 0.29 units per acre acre) d. Size of area to be graded, filled or disturbed including Roads, ditches, etc. 1900 sq ft in common area and 26,000 along the Little River e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If Yes, date submitted Approved 11/6/02 f. List the materials (such as marl, paver stone, asphalt, or or concrete) to be used for paved surfaces. Gravel surface proposed in Common Area Asphalt for main roads g, Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built- upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or 16% parking. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification, Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted Approved 12/6/02 i. Describe proposed method of sewage disposal. On site sewage systems j. Have the facilities described in Item i. above received state or local Yes, Local provisional approval approval? (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Surface runoff from boat ramp 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Perquimans County Water System in, Will water be impounded? If yes, how many acres? X Yes No Approx. 1.0 acres in proposed areas. Fountain configuration undetermined n. If the project is an oceanfront development, when was the lot(s) platted and recorded? N/A "Bav Landing" EPI #02-178 Applicant or role Name ?CG"" Signature Die LIAR F c (, ;JAGEMENT ..?. _rH CITY Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. Dock(s) and/or Pier(s) (1) Private Community X_ (2) Number 1 (3) Length 130' (4) Width 6' (5) Finger pier X Yes No (i) Number 5 (ii) Length 12' (iii) Width 2.5' average (6) Platform(s) X Yes _ No (i) Number 1 (ii) Length 26' (iii) Width 10' (7) Number of slips proposed 10 (8) Proximity of structure to adjacent riparian property (9) (10) lines 12' Width of water body 550 feet Water depth at waterward end of pier at MLW or NWL 6 feet b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width C. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number N/A (2) Length d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length N/A (2) Average distance from MHW, NWL, or Wetlands N/A (3) Maximum distance beyond MHW, NWL or Wetlands N/A e. Mooring buoys N/A (1) Commercial Private_ Community, (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc. (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) N/A (1) Commercial X Community Priv (2) Number 5 (3) Length N/A (4) Width 10" g. Other (Give complete description) Boardwalks on Lots 9,10,27,36,37,38 5 feet wide, varying lengths Totaling 1,915 linear feet "Bav Landing" EPI# 02-178 Applicant of Project Name Signature Dat MAR 2 4 -"016*' :4AGEMENT H CITY Revised 03/95 o e a co M c co MN 1199L9 $ WX 4 3771/1 SY33M °a (377F/1 SH33Mi. °v >r % © vv ?y`? `?A 11 ?I ?_,;? ? ??j • ..c... x 0 CL Q _ J, R I ?I N IJII n - CAN J I? ?I (?? Ili I 11 I N? ?. 6 , \• \?I?, I ?' I '1 19' ?I ?I II If it if It ' 1-4 zL (? \? ! f "? I / A" l r \ C? J "4, r OF W ATFR Michael F. Easley, Governor William G. Ross Jr., Secretary O? QG North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality o ? December 23, 2002 DW Q# 02-1751 Perquimans County Page 1 of 2 Mr. Bill Pearson Carolina Coast and Lakes P.O. Box 370 Hertford, NC, 27944 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Pearson: You have our approval, in accordance with the attached conditions, to place fill in 0.096 acre of wetlands in order to construct the Bay Landing subdivision in Perquimans County, as you described in your application received by the Division of Water Quality on October 31, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3362, which can be viewed on our web site at http://h2o.ertr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 18 when issued by the U.S. Army Corps of Engineers. 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. Also this approval will expire when the accompanying 404 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. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. 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). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality; 3. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all 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 NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 December 23, 2002 DWQ# 02-1751 Perquimans County Page 2 of 2 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens in our Washington Regional Office at 252-946-6481 or Cyndi Karoly in our Central Office at 919-733-9721. Sincerely, AW K/cbk Attachments cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Central Files File Copy Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 021751 Triage Check List Date: I I • I • o Z Project Name: 13a?,i Q? _ P? # (' 2- - 17 S DWQ#: C) 2-1751 FILE CU-1 PY To: ? ARO Mike Parker ? FRO Ken Averitte ? MRO Mike Parker ? RRO Steve Mitchell From: 041L COL W4 The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? 'ZI-Cumulative impact concern WaRO ? WiRO ? WSRO Deborah Sawyer Joanne Steenhuis Jennifer Frye Telephone : (919) 73 3. q(? 140 County: Peea viman s Comments: 13D bvvwAxftl?-L .CQ e.Qeec441.c- 404/401-Bay Landing Page 2 November 25, 2002 found in the developments wetlands also serve as prey great blue heron (Ardea herodias), raccoon (Procyon lotor), and other predators. Although Deep Creek and the Little River contain productive fish habitat, the Little River watershed has degraded water quality conditions. Based on data collected near Woodville, the 1997 Pasquotank River Basinwide Water Quality Management Plan identified the reach of the Little River above Halls Creek as partially supporting its uses on the State 303d list because of low dissolved oxygen. Nutrient enrichment from non-point pollution and naturally occurring swamp conditions are potential factors for this impairment. Although the impaired stretch of the Little River is 2.0 to 2.5 miles upstream of the subdivision, protection of wetlands and the associated run-off and pollutant control functions they provide throughout the watershed is a necessary effort to prevent extensions of degraded water quality in this system. It is the policy of the NCWRC to oppose projects that unnecessarily degrade wetlands and to support mitigation for wetland impacts that are unavoidable. Therefore, the NCWRC will not oppose this project provided the following recommendations, which we feel will minimize its impacts, are included in the project authorizations: 1. Appropriately sized culverts should be installed under the proposed driveway fills to ensure that the fragmented portions of the wetland are not hydrologically isolated. 2. To mitigate for the proposed driveway impacts, further wetland fills in this subdivision should be prohibited through conservation easements or deed restrictions on all individual lots. This prohibition will prevent cumulative impacts on wetlands in the area and protect aquatic life in surrounding waters. In addition, this action is appropriate given that the applicant already indicated that no additional wetland fill permits are anticipated to complete this project. However, if this recommendation is not pursued, the NCWRC further recommends that any future wetland impacts within this subdivision require mitigation to minimize cumulative impacts. We appreciate the opportunity to comment on the impacts of the project on fish and wildlife resources. If you need to discuss these comments please call David McHenry at (252) 946-6481 ext 345. cc: USFWS, Raleigh (Hall, H.) cc: NCWRC (Waters, C. - District 2) North Carolina Wildlife Resources Commission 0 Charles R. Fullwood, Executive Director 1721 Mail Service Center Raleigh, North Carolina 27699-1721 Phone 919-733-3633 MEMORANDUM TO: William Wescott Washington Regulatory Field Office US Army Corps of Engineers and John Domey, Supervisor 401/Wetlands Unit, Division of Water Quality NC Department of Environment and Natural Resources FROM: David McHenry, NE Coastal Coordinator Habitat Conservation Section NC Wildlife Resources Commission DATE: November 25, 2002 SUBJECT: Section 404 Permit and Section 401 Water Quality Certification applications for Bay Landing Subdivision, Perquimans County, North Carolina. DWQ No. 021751 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site was visited on November 21, 2002. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Clean Water Act of 1977 (as amended). The applicant is requesting authorizations for 0.096 acre of wetland fills for development of the Bay Landing Subdivision along Deep Creek and the Little River. The NC Environmental Management Commission classifies both Deep Creek and the Little River as SC and Deep Creek is designated as Inland Waters. Vegetation on the 160.9-acre tract is comprised of various oaks (Quercus sp.), loblolly pine (Pinus taeda), bald cypress (Taxodium distichum), tupelo/gum (Nyssa sp.), and agricultural crops. Approximately 18.1 acres of the tract is considered wetlands, but the application only specifies 8.7 acres. The requested wetland fills involve crossings of a cypress slough with a series of three proposed driveways on lots 23, 24, and 25. The wetlands in the subdivision and surrounding waters are important habitat for fish and wildlife resources. Deep Creek and the Little River are recognized as spawning habitat for river herring (Alosa sp.), which, during the spring, deposit their eggs in flooded structure along the subdivision shoreline. In addition to herring, a variety a variety of gamefish including largemouth bass (Micropterus salmoides), bluegill sunfish (Lepomis macrochirus), and black crappie (Pomoxis nogromaculatus) occur in local waters. However, because of recent population declines, the NCWRC is actively stocking largemouth bass and bluegill in several Albemarle Sound tributaries to aid in their recovery. These and other fish, amphibians, and reptiles that are FILE COPY Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No, 02 1 ?? 3 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 1. Check all of the approval(s) requested for this project: OC( ® Section 404 Permit ? Section 10 Permit ?s Gi?a.1Ij ® 401 Water Quality Certification LW=ATFRUAALITy SE7er}? ? 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: Carolina Coast & Lakes, Contact: Bill Pearson Mailing Address: P.O. Box 370 Hertford, NC 27944 Telephone Number: 252-717-7154 Fax Number: 252-330-2442 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: environmentalnro(2earthlink.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 # 02-178A 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 4. Location County: Perquimans County Nearest Town: Woodville Subdivision name (include phase/lot number): "Bay Landing" Directions to site (include road numbers, landmarks, etc.): NC 1322. Ferry Road Site will be 1.25 miles east on south side of road 5. Site coordinates, if available (UTM or Lat/Long): N - 36 11'00" W- 76 17'00" (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: Undeveloped wood land and cropland adjacent to Deep Creek and the Little River 7. Property size (acres): 160.9 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Little River and Deed Creek 9. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htip://h2o.enr.state.nc.us/admin/mU-/.) Page 2 of 9 10. Describe the purpose of the proposed work: to access high ground property and to prepare the site for residential construction 11. List the type of equipment to be used to construct the project dump truck and front-end loader 12. Describe the land use in the vicinity of this project: Residential homes, woodland, 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. None known. existing rip-rap may have had an associated permit under the name Richard Grav NCDCM has been contacted for any available information 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: CAMA major for boat ramp and pier in common area and rip rap maintenance No further wetland fill permits anticipated to complete 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*** 1 (Lot23) Fill .021 Yes 420 Forested wetland 2 (Lot 24) Fill .035 Yes 300 Forested wetland 3 (Lot 25) Fill .040 Yes 230 Forested wetland TOTAL Fill .096 Yes ----- Forested Wetland * List each impact separately and identify 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 httn://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: 9, 7 a c, p Total area of wetland impact proposed: 4-965 acr s -, , 09 b U r- 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.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mgpquest.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 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: 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.): 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: 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. Main access road and all property lines configured to minimize impacts to wetlands and forested upland areas. All possible trees will be left for ground cover and to minimize soil disturbance 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 htip://h2o.enr.state.nc.us/ncwetlands/strm2ide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. This project proposes flU ac. of fill which is covered under the Nationwide Fill Permit, therefore, mitigation is not required for this project The amount of wetland fill requested for this 160.9 acre site was designed to minimize impacts to the forested habitat 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 hU://h2o.enr.state.nc.us/V /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 Page 6 of 9 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 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 reet perpenaicular 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) 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. The site will be permitted under a Low Density Stormwater permit submitted concurrently with this application 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 site has been pre-approved by the local Environmental Health Dept. 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 Applicant/Agent's Signature <J /Da4 (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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NNC. I' Bill Pearson, President I` c.roiin. Cow ALAcs rr siet?acu Title h Aste ENVIRONMENTAL PROFESSIONALS, INC. Planning For A Better Environment P.O. Box 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948 (252) 441-0239 FAX (252) 441.0721 /,Oscar N le?1 It 111C_ a 76'q? -165 11E44LEn @[? 4 ° ° GJ1@G61DUV1 DATE '0 3/ oz JOB NO. oa -17814 ATTENT N RE: lr ut'f ? o u e u Ana Ks 'Cc X2_74 WE ARE SENDING YOU XAttached ? Under separate cover via _ t e o ow`Ti?! ? Shop drawings n Prints 11 Plans ? Sam OCT] ?4c2"ion I-1 Copy of letter L7 Change order 17 W. wE?TUIs aroUP . COPIES DATE NO. DESCRIPTION 7 /Ua?iioK w <de "? l0 ct rolti 1 Cheek a ab/e o ?' ?./r 00. 00 THESE ARE TRANSMITTED as checked below: X For approval 1-1 For your use 1 As requested I 1 Approved as submitted I I Approved as noted f l Returned for corrections ? For review and comment I 1 ? FORBIDS DUE REMARKS F1 Resubmit ---copies for approval F1 Submit __ copies for distribution Ll Return __ corrected prints PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: ?2'lt?QGL?tC If enclosures are not as noted, kindly notify us at once. iE1V:.' Hl~`'`- .~.~3~~~~ft,~.', ~ , ~ ~~V~p, . - r r r r r r ~rrr ~r.~ J JJ ~ rV •l[ /l r r ~ ~ ig.1 hH ~ r r r r r ' r ~ r r r r r r r r.-~. rrr~ ~ 16 -err. N, r r r r I -~rrrrrrrrr,~rrr,- 79~ ( ~ ~ r ~ 2q.6 ~rrrrrrr 1y ,ter, -~.~r,-~rrrrr -~rr,~r, 1 26,A~ rr .-~~rrr rr d ~~rrr ~ ley J(7' 21.1' S1 D 9 zqd sqy, J't a4y r r r s1P Rr r r r ~,'e Jr . , S ~ 16 x1.7' ~3 $ ~ r19.1 a ~ , r 1'sa9~~ al 6A.6' . N M1 J r r r r---' eo - r Aa ~ v r r s $ w.a 29' S 6: ' r r , r r r r r r r r LI~ rte, R y,uu9 asr~ r ~ LITTLE RIVER ~ ti N'. ~rrrr , - ~ j err y. 7Be rr.-~ ~ rrrrrr 7 ~ j'S~1 -err ~7'~'ds'e 71~ 4Ly 2a~ 2aJ',9• aa7. 17.1'tas•~y,1s s, ~ r ea' 8~ r ~ r u.g 17.Y sad ~ sl,m A7.~ . - r r T ~ ~ rrrrrrr,-~,--~,~,-.rrrrrrr ~ 4ir~4 24 g.~ r _ _;k 84,906 q fl. ~ a , r # r r r r r r r r r r r r , zo.r e ~ j i 2.18 cores J W r d 1j J '!Zd ~ 79.2' ! i d ti` I 0 3;~e9 w. R J i ? 23 ~ J• E 18 .W'' ~ ~ J'• 7, !8 wtib ~ a 1 Elf rEL pn~' ~c.i2e' 6 ~ ~ m I b' r .CRC, ' RI S21' E4 W i5 ~ 1.21 acres W 20 W e9.67a w R s or4d1 1D. ' ~ , ~ -r (sB'89B) 4x997 Ao- R 22 t.fio acres Q r ' 1/ n :t ~ k~ x r k.He w R ~ 1,12 acres 60.01a2w R 5&859 p. R § (88,371) ~ r ~ 1.34 saes 1.15 case 1.35 acme b7.~TC0 t%: f n o i L'` i~r Fr':JS ~ 4, V1 z (5;33]) z z (57,J60) Ay-' 16 "J ary } qq W ' eI,IB3 sµ fl• 1 g 25 -J d 1.66 case {&39] w R 15a4a6) 1.11 ocres ~'1 2~34Ta res ~ r N = q 7 • b f N7,ss6) ; (79,eort J ~ 14 0 . / ~ 1J j f ? ~c 14 oi^ 811suN9 ^f ~ r . } ° ~ ~ ~ ? 2 ) 1{7.733 p. R 4 ~ r-~ / y J ~o~ 3.3~ c~res ~ ~ ~ ~ ~ E ~ s os'sroS E 1 .eo"~ r f,J) oa ~ / r~ \ W / 71 a s; ,a~ : LL 1 q~ ~ ~1A G Sri ~y } ri kblf b '{o A ~ of n° ~ l • Y y ( h N h A r r ` "Q''y G 26 ~ r r d I 92y h, 5 6x711 N R i r r L~}' M~ Pf 'g 1.9Z ocres ~ ~ n ~ w,91' aza7 /1'. / (as,eae) ty ~ r r UNE TABLE CURVE TABLE ~ r CURVE RADNIS DELTA LENGTH BEARWG CHORD } NHE LENGTH BEARING C1 g ~ / DOCKERY ~ 'Q' µ ~ r r DRIVE 5a' R t" ' /w ~ +6 r r DEEP CREEK LI 19520 C2 l2 JSaeO C5 n N L3 292e1 C! r ~V~` ~ zu.9r _ N or,ru E ~ s 1~i7a• E e p9 1 1 yti ~ ~ ' U SiJ.D2 c5 v ~ N 'D' U0011 M a°1~ II ta.oe' r4n r r as e°"o~w ~ r r . ! 142.01 ~ n ~ P ep ^I,.ryk, 66 C7 16 tf ~ "J l l7 251.83 p } ~ ag ~ 0 L0 130.98 Cp T F ~~1~~i~ry~' + 0.-~rr i 'h l L9 285.08 l10 254.10 CI/ ,~i7,N9s W ~y~ r r L11 274.00 C12 t L12 149.10 L17 1WJ3 CIS ~ ~ ,r~ r rot}1~ ~ r r r . '`7 g817 27 tE'6 Y 1A 17, f; CI1 L14 10287 CI8 ~4 us 19s.w Ce 'g, n Q$ / 79,917 sµ R ~6h A5 it r ~ s y 1.81 acres ^x' 'x ~ , Lta 310.75 C1 W e u7 292.1e as s / i5 (j r r ~ ue 4e1.e2 a9 ~ ~ L19 61.28 C20 . P• L20 37,55 C21 w } b M,~w 04 ~ W , ~ lee,eos w R e'~ 1'~ I; G r , ~ ore oaAS t r r L11 180.00 C22 ~ s ~p•_p 1~ VV ° t22 14800 13 . (150,206) ~ 41LJ24 w fl. . ~ ~ r m r}, l2J 259.0.0 ~ ~ 12, 174.00 C2 W 1 L~ 0.79 C20 n 8.47 acme 'cS4 x 4 / ~ 28 ~ Ti'' r r qq W Z (226,E90) p Y 6Q07 ~ ~ ~ 71,729 p, R r 1.91 C27 L54 J0.00 f° 'n P ~ 60173'U ~ - e1~ 1.78 aa89 ~ ~ r i--- ~ ~ (70.615) l55 3809 C2y TSB 10,9e C,ip 2 e ~ ~ 1~'_.~. ~ 11'0 Zgt9'E ~ r r t37 51.89 CSI LSB 7s.eJ C32 Ls9 a.1s ~ y $ 1~~e s 'rr LaD Je.ea L61 6J.as ~ ~ , c16 _ . ~ s 1 ~ r let cle cu A . ~ ~ ~ ~7oa Lee a.m cx '~t C77 Osh G16 Ju7r G ~ sash' ~ ~ a ~ r . as ATKINS WqY '~r' t" ~ Cb C39 t' C4 C10 0'' CtJ a,a,xros 50' R/~y 917 ~ C19 3p47s' r; ~ •2d°a c 29 a e13 - ux9c ",ra BUT17'08•e ~ 8 5 TAA11 a r~ ~ r C41 '4'. ~ P C42 ~ yd1' 01'~pl L 2Etl.5p' ~ 19061 1.11 r r47,r ~ su3sT'3o'E 6 {a.e7 r cu ~o~,ybnw ~ cu ~ K~ '"~0 cored 6x5 r c1e g Cl7 N ~ r . ~ _ _ CM1 C49 ~ • ~ a 182619• E 30 ~ l r r . p ~ ~ 6g4N p, R , C50 61' CSI q2 £ i ~ 1.59 scree J r C53 h 5 V r~ ~J ~ X f ) ( ~ ~'rr• ~ _ _ '9`'.j 41 °4y ~yay.sl ~ r r ° ~ ' 140,496 sD R ~ s u~.+a• E z 7? r r ~ ti ?~QG. by 3.23 ccr°s ~ ~ - ~ Qe., i , J (137,eea) ~ e1,1e7 ~ R p° ~ r r r r ~~Q6 ` I e„ 1.40 cores r S ~ e' B ~ ~ tg7rrrr~ a ~ ~ I i ~ J Ri 3a 61x66. 1 34.r ~ r r r ` y ca•3759• E r ti`cy b e0.y r r r- ~ P ~6 r, ~ a o~,, h`~ o°~~~ ~ h• ~ti e-1 yo ' 1.39 cores ~ ~ r r r 33 '1 j p^x _ n,4v w R ^ t I N1s'~ 36a,a1 1.64 acres - ~rtx'rraeE:aJ ~ ~ ct S 06'3775" E 1 ~ ~1d ~ ~S SnL r d •t~~ ~ \5 ~ ~ ~ ~ d~ ~ °~;v' rn~aESS ~ , y,V '~j 4, ~\\C 575 N N 42 9e3s2p. fl. 8 S E ~ 71.on ,4 R y J r . a, AI ff q5 P d J ti d ~ 'N e~6 W 7 43 cores ~ ~m 2.17 axes ' 1.63 caea (87,849) ~ r r r (289,119) r J ppi.tl' ~6~ a7•p 173.81 .61' .y Y; •r,. ~ ~ ~ P 1a p?' ~ a~ dp o~~ ) ~ P~~ ~ ~ g pB'32'S0' C g06R1'17•E ~ A~1,,~~~ ~ r i- ~ ~ N ~ r ~ ~,,9•w 35 ;~1~ ,7~ v,rP:~ r A ~ ~ 1 s1 7alzf w R r ~M1 o~ Dr~go,°0 ~ t3 1.68 scree ~ r r- r r ~yh ~ o i' ATOM' ~ ~ • ..,....:1 S 8 ~7~• E 161.06' ,29'ILZ r 1 ,a ~ ~ 1 ~ r~ r ~ OMf~10N AREA o r: h'•' ~ 'p ' 39 ~ 3 83.806 sa fl SEE COW10N AAEA 1J r 'gyp I 6,,IJ0 q R i. 1.46 OGBe PAf# FOR DETA9. ~ y~y(/ ~ j ~y C ~ ~ / ) ~,v ~ ~ d~ I~ ~ n~u~~ ~ PROPOSED ~ 11 2.00 ocres k (~'e~) (ezu9) ' _ ~ ~ SW'J5' y ~\~r~ r ~ ,l 1, nolil n) FOUNTAIN ) ~ q ~ ~ ~ ~ 6 (?z.59D1 N/F p. ~ ~1i~~J~ 3.DD OCfeB ~ 7 ~ / o $ ~ ~ r / y ~ cp AZ , 1 ~ aLw wu~ti iuo c~a oaoar ~ ~ t~ o,a 134, PG. 720 166 "9b h ~'6 °U u4 ~ ` 36 7 1 4~ d i 1 6J.161 p. K r r D.B. 1J1, P0. 007 ~6 ~ ry ~~µP10 T °4 ~ ~w ~ ~ 1.11x176) 9 ' ~ >v. \ , b ~ 140 - h~~ 0~ ~ J' BoMUWAUt e ~ t`• w 4 ~ °AO 1 ! ryQ~ a~' ~y 166 1576 tl ~ .A 06 1_ 7. o ti o0 io y ~ ~ r ~ x~+ v ~ ~ h a I ~c~~r''' `fir I AREA ` a r w,z~ w. R U ~ ~ 37 ; ~ 3• T r \ az4a9 rD R~. & ~ m t pl'es9) a 1.20 carne ~ . (27,4TS) Q°asESBO,~owAUC a, r . r 'U ~ , v: ( ~ ti ~ ~~'2 1 y~'~,.. r~ { 'g~ W l.4 j 13.9!' 5 ~P ~a $ ~ ~ 117.n' ~ r DEEP CREEK 299.99 170,100 p. R GJ 1 ~ 3.00 °aea ~ I15.w' L16 YY ~ i ca. ~ 4. • ~ ~ gr _ y, 1. Y „ P ~ L69 v 1HfUlx6 I o ~ / n l~~ i- u 7 X 38 67.01 ~ LI ~ ~ j . ~'~'v . 1 ~ ~ 133.911 r4 R 'j ~ r r .r.J ' r 0 ~ v 3.07 cores ~ r Mr ` e~ c° 1pp.07 ~ i r ISO,e79 ,p a ey `e ' ~ o~ h 3,00 °crea W ~ tlµ' ~ X18 . ~ 'y ~ c,. r (130.455) i j 1S' ~ n / y - f 'iA2Y ~ WINO > ~ ' ~ i ,12.N ~ m ._i _ 1 'fie J 137,/49 K 3 ~ 48 . J / ~ i J ~ 3.04 scree 70,7N op 2 ~ 170,079 p. N. 3w X11" ' (129897) 130,7 K 3.00 a«ea 3,00 °crea C `~--J _ f"., i ~ ~ ~ C ~ ./6 B _ r 3,00 acres (123,156) ~ ~ X59!' _ F B On,e1o) " : i ,~ti1A r .f YrP ; 213 Y i 2}i 6 ~ 5~ ^ ~ 5301' . .W .30'y5 s a`415.f E 15a.4Y ~ s U3 J.4' E105TIN0 OAP C PROPOSED z FOUNTAIN 4 s15y12~E ~ ~ _ ,r ptEA1ED BY G.B. 8, PC. SS D.x 5Z P0. 440 AND PROPOSED ~ (2e,9a9) 2]622' _ FOUNTAIN 1r11~ ~ a2.eU e>aD2' 816.10' (24,e1a) y.- rEw NONJNENTAl10N p 5osm'21~a _ ~ c7 f I ~ ~~~p ~ " 225.92' u.i Y 29ees' ITT CANAL u.e. e, PC ss i 207.13' 2A.a7' D N05'01'24"W ~ 70229' S06'O1'24'E 675s3 1151.33' q A N04'43'33"W 680.30' A Q ENVIRONMENTA L PROFESSIONALS IN BAY C. LANDING 7 Q Nn o Nn a IQ.MI SIN OOl~dl, St. [5TA7[ IELM! 110111 c00z10~ I~1, tlTA1F Plannin for a Better Environment CAROLINA COAST AND LAKES g P.C 7, SA. 11 a 2810 N. CR OATAN HIGHWAY C;AMA MA11~R P~R~~IT N/F PG 1, SL 21 P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 PERQUIMANS COUNTY NORTH CAROLINA d ; (252)441-0239 SCALE: 1"=150' DATE: 12/17/02 REV. 3/18/03 (252)441-0721 (FAX) DRAWN BY: RW REVIEWED BY: GW JOB 02-178 BASE MAP TAKEN FROM SCOTT TEMPLE AND ASSOCIATES NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY