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HomeMy WebLinkAbout20030613 Ver 1_COMPLETE FILE_20030520\O?0 WAT - QG r. O Y 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 July 17, 2003 Dare County DWQ Project #: 03-0613 REVISED APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS Dare County Attn: Robert Oreskovich, Utilities Director 600 Mustain Street Kill Devil Hills, NC 27948 Dear Mr. Oreskovich: You have our revised approval, in accordance with the attached conditions, to impact 0.10 acres of wetlands for the purpose of constructing a well for Skyco water treatment plant as you described in your application dated May 15, 2003 and the revision dated July 9, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3402, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number 18 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply 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. Conditions of Certification: 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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), (hftp://h2o.enr.state.nc.us/ncwetlands 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, JRD/bs Attachments P.E., D' ector cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office File copy Central Files Doug Dorman, Quible & Associates, P 0 Drawer 870, Kitty Hawk, NC 27949 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 May 29, 2003 Dare County DWQ Project #: 03-0613 APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS Dare County Attn: Robert Oreskovich, Utilities Director 600 Mustain Street Kill Devil Hills, NC 27948 Dear Mr. Oreskovich: You have our approval, in accordance with the attached conditions, to impact 0.01 acres of wetlands for the purpose of construction of a well for Skyco water treatment plant as you described in your application dated May 15, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3402, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number 18 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply 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. Conditions of Certification: 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 MAR 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), (hftp://h2o.enr.state.ne.us/ncwetlands in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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, JRD/bs r.E., Dir for Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office File copy Central Files Doug Dorman, Quible & Associates, P 0 Drawer 870, Kitty Hawk, NC 27949 Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING SINCE 1959 July 2, 2003 Mrs. Cyndi Karoly Water Quality Certification Program NC Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 198oUp J df 2003 '?'???QUgll ?SECr?p?? Re: DWQ Project#: 03-0613 Revised Nationwide #18 Permit Application, Production Well Site Wanchese, Dare County Dear Mrs. Karoly: P.O. Drawer 870 i0fty Hawk, NC 27949 Phone: 252-2613300 Fare 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lowder. C.E.P. Eduardo J. Vadvieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. David S. Neff The purpose of this correspondence is for Quible & Associates, P.C. to provide the North Carolina Division of Water Quality, with a revised Nationwide #18 Permit application submitted by our firm on behalf of the County of Dare. The subject property is located on Baumtown Rd. (S.R. 1135) in Wanchese, Dare County, North Carolina. As requested by your office I am sending a revised copy of the PNC application form. The approved original application submitted to your office on May 15, 2003 indicated 0.01acre area of impacts to the existing 404 wetlands. The amount of impacts in this correspondence should have read 0.10 acres. As per a phone conversation on June 19, 2003 I am sending revised application that corrects the typographical errors on the original application. Please make the necessary revisions to the permit for the Dare County well site. If there is any need for additional information, or if you have any questions, please do not hesitate to contact me at (252) 261-3300. Sincerely, Quible & Associates, P.C. Douglas A. Dorman cc: Robert W. Oreskovich Gary St. John 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 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 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: Dare County / Robert W. Oreskovich, Utilities Director Mailing Address: 600 Mustain St. Kill Devil Hills, NC 27948 Telephone Number: (252) 441-7788 Fax Number: (252) 441-2239 E-mail Address: N/A 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: Doua Dorman Company Affiliation: Quible & Associates Mailing Address: P.O. Drawer 870 Kitty Hawk, NC 27949 Telephone Number: 252-261-3300 Fax Number: 252-261-1260 E-mail Address: ddorman(i?quible.com Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Dare County Well Site 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): #979818319969 4. Location County: Dare County Nearest Town: Wanchese Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc. Heading south on Hwy 345, turn right on Baumtown Rd. (S.R. 1135. Site approximately 200' on right. 5. Site coordinates, if available (UTM or Lat/Long): 35-51.10N 75-38.45W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Lot is currently undeveloped, no structures currently exist on this lot. 7. Property size (acres): 0.91 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Roanoke Sound 9. River Basin: Pasquotank River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 10. Describe the purpose of the proposed work: To prepare the site for the location of a well for the Skyco Water plant. 11. List the type of equipment to be used to construct the project: Dump truck and frontend 12. Describe the land use in the vicinity of this project: undeveloped/residential & commercial IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker, USACE, however, a Action ID number has not been located at this time. No previous permits have been obtained or requested for this lot. 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. 1. Wetland Impacts Page 3 of 8 Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** 1 404 wetland fill 0.10 ac. Yes Man made ditch (104 linear feet) 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 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: 0.88 acres Total area of wetland impact proposed: 0.10 acre 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.magguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts Page 4 of 8 Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name Wate) (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.): 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. The nronosed impact (wetland fill) was limited to a 0.10 acre. Site constraints include the well location to be placed 100 ft. from any property line. The well house was located the minimum distance possible from the property lines and still have access to the well for maintenance requirements. Page 5 of 8 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. 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/ncwetlands/strmgide.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. A conservation easement is proposed at a ratio of 6:1 (0.57 acre) within the existing wetlands (see attached plat). 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 hqp://h2o.enr.state.nc.us/wr2/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 Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes E] 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 (Meuse), 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 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. No buffer mitigation required for this project since disturbance/fill is not within the buffer. Xl. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Existing impervious areas do not exist at this site. The proposed impervious areas are limited to the gravel driveway and well house. Total impervious area proposed is 1,534 s.f. XH. 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. No wastewater system is needed XM. 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 MV. 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 other than permit approval before closing on property G4/ !'very, I .? d?04, Applicant/Agent's Signature D to (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 SITE YAMCBM VICINITY MAP (N NM KENNETH WHIDBEE D.B. 468, P. 3341 J N/i= KENNETH WHIDBEE ' D.B. 468, P. 3341 N 72' 36' 26" E KENNETH WHIDBEE C).5. I .B. 468, P. 3341 ROAD 6" WATER S 1 .200.00' - - -12" RW DI- _ ? ? ?? _ _-_ ? IZ" tiW DI-,r - - ?" _ ? _ _? ?•IZ" RW DI- ? _ _ _ - _ -r_ . . . _ . . . . . . . ...... ...... BAUMTOWN RD. S.R. 1135 (R/W 60') LEGEND ® - PROPOSED CONSERVATION AREA (25,010 SF) LINE TABLE - PROPOSED WETLAND FILL (4,230 SF) ``... - PROPOSED GRAVEL ACCESS ROAD LINE BEARING LENGTH L1 N 2 '43'08" W 37,67' L2 S 79'31'34' W 28.1 ' L3 7'4"W 44 4' L4 N 7 '55'14" E 47,45' 38E - EX. REBAR - 404 POINT WELL SITE IN WANCHESE NATIONWIDE 18 FILL PERMIT FOR THE COUNTY OF DARE HAGS HEAD TOWNSHIP - DARE COUNTY - NORTH CAROUNA 20' 0' 40' 80' 120' Quib le and Associates P. C. GRAPHIC SCALE 1"= 40' ENGINEERS, PLANNERS, ENVIRONMENTAL SCIENCES FILE: PO3023 SURVEYED: 3/01/03 PLATTED: 5/15/03 P.O. DJUWER 870, KITTY HAWK, N.C. 27949 Q:\2003\P03023\p03023C0E.dwg Tue Jun 03 17:13:22 2003 Quible & Associates, P.C. Quible 401 ISSUED'' L 9uible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING SINCE 1959 May 15, 2003 IV( p V1 Mr. John R. Dorney Water Quality Certification Program NC Division of Water Quality 4401 Reedy Creek Road Raleigh, NC 27607 Re: Nationwide #18 Permit Application, Production Well Site Wanchese, Dare County Dear Mr. Dorney: P.O. Drawer 870 Kitty Hawk. NC 27949 Phone: 252-261-3300 Fax 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Vddivieso, P.E. ASSOCIATES Joseph J. AnW, RE. David id S. S. Neff V,Val The purpose of this correspondence is for Quible & Associates, P.C. to provide the North Carolina Division of Water Quality, with a Nationwide #18 Permit application submitted by our firm on behalf of the County of Dare. The subject property is located on Baumtown Rd. (S.R. 1135) in Wanchese, Dare County, North Carolina. Dare County is proposing to fill an area of 404 wetlands that is 4,230 sf in size for an access road and building pad associated with a production well for the Skyco water treatment plant. The minimum setback requirement for the proposed well point is 100 ft from the property lines which places the production well at the center of the property. Every effort has been made to minimize impacts associated with the project, however an access road for routine maintenance and construction, as well as the installation of a well house that meets the minimum requirements of the NCDENR Public Water Supply Section is necessary for the placement of the production well to be accomplished. The enclosed plat accurately depicts the proposed location of the production well and access road. The attached application package consists of the following: 1. 7 copies of the Pre-Construction Notification Application 2. 7 copies of the 8 %s" x 11" reduction of Site Plan 3. 7 copies of the full size (8.5" x 14") Site Plan 4. Fee Check for $200.00 made payable to NCDENR If there is any need for additional information, or if you have any questions, please do not hesitate to contact me at (252) 261-3300. Sincerely, Quible & Associates, P.C. Douglas A. Dorman cc: Tom Walker Robert W. Oreskovich Gary St. John 1 ; 'SSV USACE Action ID No. No. If any particular item is not applicable to this p , as e eF,"Not Applicable" or "N/A" rather than leaving the space blank. I. Processing ' ?'4 1. Check all of the approval(s) requested for this project: G U ® Section 404 Permit ?000 ? Section 10 Permit U?t?yS' ® 401 Water Quality Certification 11orloN ? 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: Dare County / Robert W. Oreskovich, Utilities Director Mailing Address: 600 Mustain St. Kill Devil Hills, NC 27948 Telephone Number:_ (252) 441-7788 Fax Number:_ _(252) 441-2239 E-mail Address: N/A 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: Doug Dorman Company Affiliation: Ouible & Associates Mailing Address: P.O. Drawer 870 Kitty Hawk, NC 27949 Telephone Number: 252-261-3300 Fax Number: 252-261-1260 E-mail Address: ddorman(d)quible.com Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Dare County Well Site 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): #979818319969 4. Location County: Dare County Nearest Town: Wanchese Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc. Heading south on Hwy 345, turn right on Baumtown Rd. (S.R. 1135. Site approximately 200' on right. 5. Site coordinates, if available (UTM or. Lat/Long): 35-51.10N 75-38.45W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Lot is currently undeveloped, no structures currently exist on this lot. 7. Property size (acres): 0.91 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Roanoke Sound 9. River Basin: Pasquotank River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 8 10. Describe the purpose of the proposed work: To prepare the site for the location of a well for the Skyco Water plant. 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: undeveloped/residential & commercial IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker, USACE, however, a Action ID number has not been located at this time. No previous permits have been obtained or requested for this lot. 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. 1. Wetland Impacts Page 3 of 8 Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no) Distance to Nearest Stream feet Type of Wetland*** 1 404 wetland fill 0.01 ac. Yes Man made ditch (104 linear feet) 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 hqp://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: 0.88 acres Total area of wetland impact proposed: 0.01 acre 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? 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, ditchingistraightening, 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 intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com. www.ma,oguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts Page 4 of 8 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 Wate) (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.): 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. The proposed impact (wetland fillI was limited to a 0.01 acre. Site constraints include the well location to be placed 100 ft. from any propegy line. The well house was located the minimum distance possible from the property lines and still have access to the well for maintenance requirements. Page 5 of 8 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. 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 hqp://h2o.enr.state.ne.us/ncwetlands/strmaide.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. A conservation easement is proposed at a ratio of 1:1 (0.10 acre) within Kinnakeet Shores existing wetlands (see attached plat). The location of the proposed conservation easement is comparable to the proposed wetlands on Lot 1734 proposed for fill. 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 hq://h2o.enr.state.nc.us/wro/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 Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 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* (square mpact Multiplier Req at on 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. No buffer mitigation required for this project since disturbance/fill is not within the buffer. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Existing impervious areas do not exist at this site. The Rroposed impervious areas are limited to the gavel driveway and well house. Total impervious area proposed is 1,534 s.f. 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. No wastewater system is needed XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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 other than permit approval before closing on property- Applicant/Agent's Signature Ddte (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 SITE WANCHJUS VICINITY MAP (NTS N 72' 36' 26' E N/F KENNETH WHIDBEE ' D.B. 468, P. 339 w W s / N/F DARE COUNTY D.B. 234, P. 158 \ N/P PROPOSED LIMITS KENNETH k4HIDBEE OF FILL In --2 - SKYCO PRODUCTION D.B. 468, P. 339 JAIL ,'I- 1 ! WELL N0. 1 // 1 t AL N/F KENNETH WHIDBEE -Z- . F WETLANDS D.B. 468, P. 339 • ? ,2' AL AIL I AL PROPOSED GRAVEL PROPOSED .g ACCESS ROAD 6" WATERLINE g 8? R' 8 LL N ? AL ?? ? 1 / ? i? 1'I -211.0-90:- - -12' RW DI- - - - -- = -12' RW D1-? - - f - - - -%42' RK M- BAUMTOWN RD. -S.R. 1135 (R/W 60') LEGEND - PROPOSED CONSERVATION AREA (13,500 SF) - PROPOSED WETLAND FILL (4,230 SF) - PROPOSED GRAVEL ACCESS ROAD 38E - EX. REBAR Q - 404 POINT LINE TABLE LINE BEARING LENGTH Ll N 26'4 ' 8' W 37.67' L2 79'31' 4" W 8.15' L3 S 00'18' 4• W 44.04' L4 N 70'55'14' E 47.45' WELL SITE IN WANCHESE NATIONWIDE 18 FILL PERMIT FOR THE COUNTY OF DARE HAGS HEAD TOWNSHIP - DARE COUNTY - NORTH CAROUNA 20' o' 40' ao' 120' Quibte and Associates, P.C. GRAPHIC SCALE 1"= 40' ENGINEERS, PLANNERS, ENVIRONMENTAL SCIENCES FILE: P03023 SURVEYED: 3/01/03 PLATTED: 5/15/03 P.O. DRAWER 870, KITTY HAAS, N.C. 27949 ,•34613 GROUp MAY 2 U 'Ot73 rYSECT,®Al M N I, iL 11? ]i11L ?i`?111 \ann\pn?v-?\nn'?npvnF dwn Fri Mau 1R na• v)n• qa 9nnq niiihlo Anri Accnn;o+oo ? r