HomeMy WebLinkAbout20031099 Ver 1_COMPLETE FILE_20030902W A 7-F Michael F. Easley, Governor
F
O'
' G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`
Vj Alan W. Klimek, P.E., Director
W
] Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 1, 2003
DWQ# 03-1099
Dare County
Mr. Bill Holmes
176 South Halifax Drive
Ormond Beach, FL, 32176
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holmes:
You have our approval, in accordance with the attached conditions, to place fill in 0.10 acre of wetlands in order to
construct a residence on your lot in Dare County, as described in your application received by the Division of Water Quality
on September 2, 2003, and in additional correspondence received September 24 and October 28, 2003. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number 3402, which can be
viewed on our web site at http://h2o.enr.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. 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;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
NCDENR
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), (htta://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Mr. Bill Holmes
December 1, 2003
Page 2 of 2
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within six months of the date that the Division of Land Resources has released the
project.
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective
buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://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, 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,
Alan W. Klimek, P.E.
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, 27948-3368
031099
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bill Holmes
Project Number 03 1099
Recvd From APP
Received Date 9/2/03 Recvd By Region
Project Type residential fill
County Dare
County2
Region Washington
Certificates
Permit Wetland
Type Type Stream
Wetland Wetland Stream Class
Impact Score Index Prim. Supp.
Acres Feet
Basin Req. Req. Stream Impacts (ft.)
ME
F 18 ForestedW-7-0 -NF-F-30--22 SA HQW 30,155. 0.10
Mitigation Wetland
MitigationType Type Acres Feet
F-F F_
Is Wetland Rating Sheet Attached? O Y ON Did you request more Info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N
Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 351477 Longitude (ddmmss) 753895
Comments:
HOLD- Confirmation of previouse fill permit availabilty for USAGE (expiration-reissue?) Septic
permits required to prove Aability of construction in fill area
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WQ Supervisor: Boger Thorne
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bill Holmes County Dare
Project Number 03 1099 County2
Recvd From APP Region Washington
Received Date 9/2/03 Recvd By Region
Project Type residential rill
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE
18 ForestedO Y ON F-- 30 22 SA HQW 30,155. o
F r
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more Info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y Q N Recommendation: Q Issue O ISSue/Cond O Deny
Provided by Region: Latitude (ddmmss) 351477 Longitude (ddmmss) 753895
Comments:
HOLD- Confirmation of previouse fill permit availabilty for USAGE (expiration- reissue?)Septic
permits required to prove viability of construction in fill area
cc: Regional Office
Central Office Page Number 1
Facility Name Bill Holmes
County Dare
Project Number 03 1099
Comments (continued from page 1):
Regional Contact: tom steffens
Date:
cc: Regional Office Page Number 2
Central Office
Triage Check List
Date: (o - o - 03 Project Name: R01rxts
DWQ#: C?3• I oR
C ?t
d` ? N
r County:
To: ? ARO Mike Parker WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
From: Telephone: (919) -7,33. e2716
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?
? Cumulative impact concern
Comments: t k)j 4 eqA h P- A &0
?? ??? '
ENVIRONMENTAL
11110FESSIONAI'S IN IT October 15, 2003
.
PLANNING FOR
A BFTTFK
ENk//RONMFNT John Dorney
NC Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Bill Holmes, NC DWQ # 03-1099
Dear Mr. Dorney,
` WETLANDS/ 401 GROUP
w
' OC T .2 8 2003
WATFR QUALITY SECTION
In response to your request for further information in your letter dated October 9, 2003 we arc providing
the following information.
Army Corps Issuance: Prior to applying for the re-authorization of this fill permit, we talked to Mr. Tom
Walker of the Washington Regulatory Field Office. Mr. Walker responded that he would be willing to re-
authorize the previously issued Nationwide Permit #18 for Mr. Holmes. He is not running the full federal
consistency process since the fill area was previously issued and the wetland loss is already accounted for.
He stated that re-issuance of the 401 water quality Certification was the only outstanding approval required
for his re-authorization of the previously filled area. The previously filled area was in conjunction with the
lot to the cast of the property (which Mr. Holmes no longer owns).
Mr. Walker preferred that Mr. Holmes apply for the fill permit prior to subdividing the lot to prevent
additional fill requests. By recording the conservation casement, any future fill requests could be denied.
Septic permit: The proposed site plan was drawn for the applicant subsequent to requests by USACE and
NCDWQ for development site plans.
The proposed septic systems area have not been applied for or approved by the Dare County Health
Department. The reason for the fill request is to provide adequate setbacks so that the septic determinations
can be made to precisely determine septic system size and layout. The fill for the two proposed lots will
afford adequate area for the modest sized residences and septic systems. The septic systems will not be
allowed within the proposed fill area and will be placed as far away from remaining wetlands as possible.
Please do not hesitate top call our office if you have any questions or comments.
Sincerely,
Kendall Turnage
cc: Tom Steffans, NCDWQ, NCDENR Washington Regional Office
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-0239
FAX: 252-441 -072 1 9 EMAIL: environmentalpro®earthlink.net
? NjATF Michael F. Easley, Governor
?O RP William G. Ross Jr., Secretary
O G orth Carolina Department of Environment and Natural Resources
( Alan W. Klimek, P.E., Director
444??d Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 9, 2003
Dare County
DWQ Project No. 03-1099
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Bill Holmes
176 South Halifax Drive
Ormond Beach, FL, 32176
Dear Mr. Holmes:
On September 2 and September 24, 2003, the NC Division of Water Quality (DWQ) received your
application materials for a 401 Water Quality Certification for wetland impacts associated with the construction of
two residences on Lot 1 (including Lots 1 A and 1 B) in Dare County. Insufficient information has been provided
in order for us to complete our review. Specifically, please provide the following materials so that we can
complete our review of your application with respect to avoidance and minimization of wetland impacts:
Please provide copies of the current approved septic permits for these lots. These permits are needed to
demonstrate viability of the proposed construction within the site constraints.
The site plan included with the first submittal shows an undeveloped parcel with 4,328 acre of previously
filled wetlands, in addition to 4,334 acre of additional fill proposed. Please advise whether the Corps of
Engineers will allow use of a second Nationwide 18 Permit for the same site, or if this work will be permitted
under another Nationwide Permit accounting for cumulative impacts.
Please send this information to John Dorney, 401 /Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604-
2260 and to Tom Steffens, DWQ Washington Regional Office, 1424 Carolina Avenue, Washington, NC, 27889.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of
Engineers place this project on hold. Also, this project will be placed on hold for our processing due to
incomplete information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Tom Steffens in our Washington
Regional Office at 252-946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-1786.
Sincerely,
John Dorney
cc: Corps of Engineers Washington Regulatory Field Office
Tom Steffens, Washington DWQ Regional Office
File Copy
Central Files
Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948
031099
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), htt ://h2o.gnr.state_nc.us/n(wellands)
Customer Service #: 1-877-623-6748
MEMORANDUM
TO: John Dorney f
?ip Regional Contact: tom steffens
1""e
Non-Discharge Branch WO Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bill Holmes
Project Number 03 1099
Recvd From APP
Received Date 9/2/03
Project Type residential fill
Recvd By Region
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
County Dare
County2
Region Washington
Stream
Class Acres Feet
Prim. Supp. Basin Req. Req.
Mmittent
18 Forested O Y O N 30-22 SA FIQW 30,155. 0.10 F- ?-
'15-Y ON F_
Mitigation Wetland
MitigationType Type Acres Feet
F__ I F_
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) 351477 Longitude (ddmmss) 753895
Comments:
HOLD- Confirmation of previouse fill permit availabilty for USACE (expiration-reissue?) optic
permits required to prove viability of construction in fill area
cc: Regional Office
Central Office Page Number 1
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. 03 109 9
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I.
H.
Processing NE T1 A, NR9/,19,1 rp0Up
1. Check all of the approval(s) requested for this project: SFP
X Section 404 Permit
? Section 10 Permit ?^l?TERQ?I?L??ySECT101?
X 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: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
Applicant Information
1. Owner/Applicant Information
Name: Bill Holmes
Mailing Address: 176 South Halifax Drive
Ormond Beach FL 32176
Telephone Number: 904-677-2821 Fax Number: 5e t,
?9n µ?
E-mail Address: s n, A y,,+
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: PO Box 3368
Kill Devil Hills NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address: kturnage@hotmail.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: Bill Holmes
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0505 11 66
4. Location
County: Dare Nearest Town: Frisco
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Traveling south on NC 12 the
site is located on the north side of NC 12, approximately 1200 feet from entrance to Billv
Mitchell Airport. ear Robin Lane)
5. Site coordinates, if available (UTM or Lat/Long): N 35d 13.977' W 75d 37.595'
(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:
Vacant Lot, partially wooded
7. Property size (acres): .805 acres (35,053 SF)
8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound
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 http://h2o.enr,state.nc.us/admin/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: to provide level area for residential building
sites and to provide adequate setbacks for the septic system. This wetland area carries 50 ft
septic setbacks which prevent septic system improvements to the lot. The area near the right
of way has a large topographic change and the fill will allow the residences, and drives to
minimally impact the dunes and vegetation existing on the property and right of way.
11. List the type of equipment to be used to construct the project: Dump truck, front end
loader
12. Describe the land use in the vicinity of this project: Residential, some commercial/retail
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.
This fill area was requested and permitted on 1/20/98 by the Army Corps (Action ID
199810444), but the area was not filled prior to the expiration date. This request is essentially
to reactivate the fill permit, finish all fill activities and to execute the conservation easement to
preserve all remaining wetlands on the property.
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 FILL REQUESTS ANTICIPATED
All remaining wetlands on this lot to be placed under permanent conservation easement
This work will complete all needed fill to allow for subdivision of property.
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
Page 3 of 8
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
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 fill 0.099 yes Approx. 500 ft 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: 15,692 SF (0.36 ac)
Total area of wetland impact proposed: 0.099 acres (4,334 SF)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
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..q% gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www topozone_com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact Area of
Name
Waterbody Type of Waterbody
Site Number Type of Impact* Impact p
(if
applicable) (lake, pond, estuary, sound,
indicate on ma (acres) bay, ocean, etc.
N/A N/A
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 4 of 8
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.
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.
This fill request was originally issued and the fill was never completed
The attached site plan shows the area to be filled on the parcel The parcel will then be
subdivided and residential housing will eventually constructed on the lots The conservation
easements will permanently conserve the remaining wetlands even after the sale
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.
Page 5 of 8
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. Ally 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.
Conservation easement (to the NCWRP) to be placed on all remaining wetlands on the
parcel, prior to fill activities.
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 httn://h2o.cnr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: N/A (conservation easement proposed)
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
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 X
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 ? N/A
Page 6 of 8
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
X.
copy of the NEPA or SEPA final approval letter.
Yes ? No ? N/A
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.
Yes ? No X If you answered "yes", provide the following information:
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 )?
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 3
2 1.5
Total
• 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.
XI.
XII.
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.
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 -- None Proposed-- two residences and drives under 30% Impervious coverage
as required by Dare County zoning
Sewage Disposal (DWQ Only)
Page 7 of 8
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.
Conventional septic systems planned for the single family residences Exact layout cannot be
determined until actual subdivision recordation.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
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 known or foreseen
j 7N.. .
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
??Z2 51
Page 8 of 8
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 1 `? a p County
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner ',
Address ? ?G {
f n
r
Telephone No. q Q
Size and Location of project (water body, road name/number, town, etc.) !7
Description of Activity 4" M z, , l
W-rT !Y ] 1!? ??c y?•i r,! _ '6?J/r ?i lr ? 5 ?T/?
I i
Applicable Law: ection 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
I f?' Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone (919) 733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
/
Date Zofy? ?i?
Corps Regulatory Official J.& rl - Telephone No. 7!C/ - CJ - /%
Expiration Date of Verification ? /Z,--) / Zo o 0
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
PAW" SOUND
l
VICINITY MAP
N.T.S.
X IN
N W
N/F
HOWARD WAYNE BASNETT
D•9. 1112, PG. 254
N37'48 42 E "
17 .01' w
•!: 4, •1 4• ,,l M y
w +. °• w 404 WETLAND w ?1{s. v
1,358 SQ. FT
.
,y•V ., •.I• Y
?? .?` v ,ar v r ,r
pl?
C/,L nANOg
yo `t: 4,328 s
1 S - 0 FT 30
N/F
HOWARD WAYNE BASNETT \
D.B. 1112, PG. 284 1
HIGH GRO
AREA - 15,0 1.4
.4 SQ. FT.
LINE TABLE
LINE LENGTH BEARING
Ll 9.79 N37'46'56'E
L2 30.38 Se4.4e'49'E
L3 e4.80 S77.11'E3'W
L4 61b7 S8413WEVE
L5 34,37 S74.46'04'E
L6 3.33 N55.38'13'E
L7 36.97 S80•251251
E
L8 41.36 N4815e'49'E
I EGEND
I - '404' FLAG
(i) - EXISTING IRON PIPE
r.7 n - EXISTING GEO. MONUMENT _
N/F
ADAM L, PATRICK
D.B. 1379, PG, 282
O
P4 '
78 _?
GEO. MON.
"TOR" lit,
NOTES:
ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
2810 N. CROATAN HIGHWAY
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948
(252)441-0239
Naw (252)441-0721 (FAX)
WILLIAM H. HOLMES IV
'404' WETLAND FILL PERMIT APPLICATION
FRISCO
HATTERAS TOWNSHIP
DARE COUNTY NORTH CAROLINA
SCALE: 1 "=50' DATE: 6/21/03
REV:
DRAWN BY. SFA REVIEWED BY: KT JOB #:95-133
1. OWNER:
MR. WILLIAM H. HOLMES IV
176 S. HALIFAX DRIVE
ORMOND BEACH, FL 32176
2. PROPERTY:
AS RECORDED IN D.B. 387
PG. 585, DARE CO. REGISTER
OF DEEDS
PIN # 0505 11 66 3691
3. AREA:
35,050.4 SQ. FT. TOTAL
4. ADDRESS:
0 NC 12
FRISCO, NC
5. PROJECT DESCRIPTION:
PROJECT INCLUDES FILLING
5,484.4 SQ. FT. OF '404' WETLAND
NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY
PAMUCO SOUND
t ? ?? -??til r f y.?
SI TE
4
A71ANTIC
OCEAN
VICINITY MAP
N.T.S.
N
N/F
HOWARD WAYNE BASNETT
D.B. 1112, PG. 254
404' , to
°W4e ANDS
m s-sraRr
I? DFRAW
I I.
fl ,; I
SEPTIC
AREA
` ACTWE-
6REA
REP-AIR _ _
J
i
I'
I ?1
GEO. MON.
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is
3 ? er ,
NETT ,? R91401 GqWF.
SFN`d/ ,
r'?`ATEAQUALITY%M
r I
I
I
I
I
LEGEND N1F
- '404' FLAG
(i) - EXISTING IRON PIPE
1:1 - EXISTING GEO. MONUMENT
N/F
ADAM L. PATRICK
D.B. 1379, PG. 282
0
I
9V
F .J
50' 25' 0
I inch = 50 ft.
GRAPHIC SCALE
NOTES:
1. OWNER:
ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
2810 N. CROATAN HIGHWAY
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948
(252)441-0239
(252)441-0721 (FAX)
WILLIAM H. HOLMES IV
YIELD PLAN
FRISCO
HATTERAS TOWNSHIP
DARE COUNTY NORTH CAROLINA
SCALE: 1"=50' DATE: 9/22/03
REV:
DRAWN BY: KT REVIEWED BY: KT JOB 1:95-133
FILE COPY
N/F
HOWARD WAYNE BASNETT
D.B. 1112, PG. 254
r? I
?
I
I 1e I
I I
I
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4.? SEPTIC _ _ ?I
? AQEA ?
REPAIR -, J
L _ - J
MR. WILLIAM H. HOLMES IV
176 S. HALIFAX DRIVE
ORMOND BEACH, FL 32176
2. PROPERTY:
AS RECORDED IN D.B. 387
PG. 585, DARE CO. REGISTER
OF DEEDS
PIN # 0505 11 66 3691
3. AREA:
35,050.4 SQ. FT. TOTAL
4. NOT FOR RECORDATION OR LAND
TRANSFER. FOR CONCEPTUAL PURPOSES
ONLY.
NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY
Date: 0_ a & - 0 5
To: ? ARO
? FRO
? MRO
? RRO
Triage Check List
Project Name: S I A ? Q,5
DWQ#: 6,1
County: _Z7 r Vi t -C-6
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
From: Vtl_ U
WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) `727- /
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 (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
d9--Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: ?S?
ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 279`48
(252) 441-0239
FAX (252) 441-0721
TO .Tohw ?orrney
„N
YO/ C b;/:S e f'
165-4 010; ( SP?v%ce Cer+ v-
Pe '3 k, Nc a-7,,099- /650.
WE ARE SENDING YOU X Attached I I Under separate cover via
I I Shop drawings 11 Prints I I Plans
I-] Copy of letter 1 I Change order I I
COPII S DATE NO. DESCRIPTION
7
;?? p3 y
9 ?z )c ? t/ ? ? Deve I o? rrnon? s ?efc?
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THESE ARE TRANSMITTED as checked below:
I I For approval
X For your use
Ll As requested
I I For review and comment
I I FOR BIDS DUE
REMARKS
I I Approved as submitted
L1 Approved as noted
I I Returned for corrections
F-1 _
I I Resubmit copies for approval
Ll Submit copies for distribution
I I Return corrected prints
I I PRINTS RETURNED AFTER LOAN TO US
COPY TO Torn
SIGNED:
If enclosures are not as noted, kindly notify us at once.
ILNUTIN COG G°3? lC?G?04`?aC?
DA F1
4 -.23-03 x>I+ Na.
95- /33
AT 11 N I ION
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1 Samples
the following items:
I I Specifications
Triage Check List
Date:
FILE
To: ? ARO
? FRO
? MRO
? RRO
Project Name: I u I t_:::L I M-o s
DWQ#: a3 - ) C) 7
COPY
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
From: M)
County:
2?-WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) 73 3-
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
S -4s the application consistent with pre-application meetings?
? Cumulative impact concern
23.Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Comments:
9
G?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
P. Alan W. Klimek, P.E., Director
.?? Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Fax To:
Company:
Number of pages including cover sheet:
Notes or special instructions:
Date: 1' --3 0- c,)3
JaYn
n -?- /05?
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http•J/h2o.enr.state.nc.us/ncwetlands
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
AgLg s4 , Fax #: 2E
n
ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948
(252) 441-0239 FILE COP
IV( FAX (252) 441-0n721
TO /V G ?mot` t Qc' q7'_
s/or. ? wo•??r
?/D ? wP ?/g His ?h
R Ie k Al c _?;2 769 ? 11S619
WE ARE SENDING YOU XAttached I I Under separate cover via
I I Shop drawings Ll Prints III Plans
I I Copy of letter I I Change order t I
unit ? 02 ? ?3 ioH NcQ ? _/
I
ENTI( i
114?r ,It f.tJ/GYe .-
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the following items:
I I Samples f_I Specifications
COI'ILS (JAIL NO. DLSCRIP110N
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THESE ARE TRANSMITTED as checked below:
/111' For approval I I Approved as submitted
I I For your use I I Approved as noted
I I As requested 1-1 Returned for corrections
XFor review and comment I I
I I FOR BIDS DUE
41 Wo "AMn wuALI I YS6MO&
? Resubmit _ copies for approval
? Submit copies for distribution
I I Return corrected prints
1 1 PRINTS RETURNED AFTER LOAN TO US
REMARKS
Pr?v•ous ZQ / 99/O?fy,`?
° ii eve- r C or'YI ?Yle 141 e, e- ct o c.cr?v/,D?c f c°!
--/?Q t c9 /'e X AF rn?` il!O? ?ct ?E o -- JI
-7"?!S'_ YP Gff1'? -?'S-- '7zO fl-ectc,,ei?Va7Ce or Kee4 tDZe '7?
COPY TO ?lS%f?F? /i/C Dpmf l "L-Le u/ /2e?sokyerlf ?1
SIGNED:
If enclosures are not as noted, kindly notify us at once.